November 27, 2018, Introduced by Senator STAMAS and referred to the Committee on Regulatory Reform.
A bill to amend 1980 PA 299, entitled
"Occupational code,"
by amending sections 210, 1801, 1804, 1806, and 1809 (MCL 339.210,
339.1801, 339.1804, 339.1806, and 339.1809), section 210 as amended
by 2016 PA 30, section 1801 as amended by 2006 PA 300, and section
1806 as amended by 2013 PA 80, and by adding section 1806b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
210. (1) The department, on its own behalf and or on
behalf of a board created under this act, may contract with persons
or
agencies who that are not employees or agencies of the
department to implement this act and to fulfill the
responsibilities of the department or a board.
(2) Under subsection (1), the department may enter into an
agreement with any of the following to provide an electronic
continuing education tracking system that provides an electronic
record of the continuing education courses, classes, or programs
completed by individuals who are licensed or registered under this
act:
(a) For individuals who are licensed under article 7, a
statewide accountancy trade organization.
(b) For individuals who are licensed under article 18, a
statewide funeral service trade organization.
(c) (b)
For individuals who are licensed
under article 25, a
statewide real estate trade organization.
(d) (c)
For the individuals who are
licensed or registered
under all of the other specific articles of this act, except the
individuals
described in subdivision (a), or (b), or (c), an entity
that is not an agency of a state or the federal government.
(3) All of the following apply to an electronic system
provided by an agreement under subsection (2):
(a) All continuing education tracking provided by the system
must accurately reflect the continuing education requirements under
this act and rules promulgated under this act.
(b) A confirmation of completion of continuing education
requirements generated by the system is considered verification of
completion of those requirements for renewal of a license or
registration and for purposes of any audit of licensees or
registrants conducted by the department.
(c) The system must provide access to continuing education
information about an individual who is licensed or registered under
this act to the individual, to the appropriate board for the
individual's occupation, and to the department.
(4) The department shall promulgate any rules it considers
appropriate to implement and administer subsections (2) and (3).
Sec. 1801. As used in this article:
(a) "Business entity" means a person described in section
105(5)(b) or (c), except a sole proprietorship or general
partnership.
(b) (a)
"Funeral establishment"
means a place of business used
in the care and preparation for burial or transportation of a dead
human
body or a place where a person represents that the person he
or she is engaged in the profession of undertaking or the practice
of mortuary science.
(c) (b)
"Holder of a license for the
practice of mortuary
science"
means a person an
individual who satisfactorily completes
a
course in mortuary science, who passes an examination prescribed
in this article, serves the required resident training, and is
issued a license for the practice of mortuary science.
(d) (c)
"Practice of embalming"
means the disinfecting or
preserving of a dead human body, entirely or in part, by the use of
a chemical substance, fluid, or gas in the body or by the
introduction of the chemical substance, fluid, or gas into the body
by a vascular or hypodermic injection, or by direct application
into an organ or cavity.
(e) (d)
"Practice of funeral
directing" means engaging in or
representing oneself as engaging in the supervising of the burial
and disposal of a dead human body; maintaining a funeral
establishment for the preparation, disposition, and care of a dead
human body; or using, in connection with the user's name or funeral
establishment, the word "funeral director", "funeral service
professional", "undertaker", or "mortician", or any other title
embodying the words "mortuary science" or otherwise implying that
one
a person is engaged as a funeral director.
(f) (e)
"Practice of mortuary
science" means the practice of
embalming or the practice of funeral directing, or both.
(g) (f)
"Resident trainee" means a
person an individual who is
engaged in learning the practice of embalming or funeral directing
or the practice of mortuary science under the instruction and
personal supervision of a holder of a license for the practice of
mortuary science in this state.
Sec.
1804. (1) An individual whose name appears in connection
with
that the name of a funeral establishment shall be is
considered as actively engaged in the practice of funeral directing
or the practice of mortuary science and shall be the holder of a
license
for the practice of mortuary science. If a funeral
establishment
is a corporation or partnership, each active member
of
the corporation or partnership, together with each individual
whose
name appears or is used in connection with the name of the
corporation
or partnership, shall be the holder of a license for
the
practice of mortuary science.
(2)
This article shall not prevent a funeral establishment
from
using or continuing to use an otherwise lawful corporate or
partnership
name after the death or retirement of a member if each
active
member or employee is properly licensed under this article.
(2) A lawfully formed business entity that is licensed as a
funeral establishment may use or continue to use the licensed
establishment name after the death or retirement of a member,
officer, or director if the death or retirement is reported to the
department within 30 days and if the licensed establishment name
has been formerly used.
Sec. 1806. (1) The department shall issue a license to engage
in the practice of mortuary science to an individual who meets all
of the following:
(a) Subject to subsection (2), served as a resident trainee
for
1 year under the personal
supervision and instruction of the
holder
of a license for the practice of mortuary science .for 1 of
the following time periods:
(i) If the individual files his or her initial license
application before January 1, 2023, 1 year.
(ii) If the individual files his or her initial license
application on or after January 1, 2023, 180 days.
(b) Completed a mortuary science program that is accredited by
an agency recognized by the United States Secretary of Education as
a specialized accrediting agency in funeral service or mortuary
science and meets 1 of the following:
(i) (b)
Graduated from If the
individual files his or her
initial license application before January 1, 2023, graduated from
a
3-year course in mortuary science in an accredited higher
education program in mortuary science at a school, college, or
university that is accredited by an accrediting agency that is
recognized by the United States Secretary of Education as a
specialized accrediting agency in funeral service or mortuary
science.
(ii) If the individual files his or her initial license
application on or after January 1, 2023, graduated with a
baccalaureate degree or higher degree from an educational
institution that is accredited by an agency recognized by the
United States Secretary of Education as a regional accrediting
agency for postsecondary education or whose baccalaureate degree
program is accredited by a specialized accrediting agency in
funeral
service or mortuary science.
(c)
Subject to subsection (2), satisfactorily Satisfactorily
passes
an examination all of the
required parts of an examination
administered and developed by a national or international
association of funeral service licensing boards and approved by the
department and the board.
(d) Satisfactorily passes a Michigan examination developed and
administered by or under the authority of the department.
(e) (d)
Is of good moral character.
(2)
An applicant may take the examination described in
subsection
(1)(c) in 2 parts, 1 part after the completion of the
prescribed
education and 1 part after the completion of the
prescribed
education and the service of resident training. The
department may waive a portion of the requirement under subsection
(1)(a) of 1 year of resident training if the applicant has a
baccalaureate degree from an accredited school, college, or
university, and the department determines that the degree is a
satisfactory substitute for the resident training. This subsection
does not apply after December 31, 2022.
(3) A person may only engage in the practice of mortuary
science at a fixed location. A person shall not open or maintain a
place for practice, or hold itself out as engaging in the practice
of mortuary science, without an establishment license issued by the
department. An establishment license under this subsection is
issued for a specific location only. The holder of a license for
the practice of mortuary science may conduct a funeral in another
licensed funeral establishment; at a church, home, public hall,
lodge room, or other fixed place; or at another establishment that
is owned by the person and that meets the requirements of section
1809.
(4) The department shall not issue or renew an establishment
license under subsection (3) unless the applicant certifies that 1
of the following is met at the time of application:
(a) The applicant, or a person that has a controlling interest
in, or that is under common ownership with, the applicant, is
registered with the department under section 6 of the prepaid
funeral and cemetery sales act, 1986 PA 255, MCL 328.216.
(b) The applicant has a contract with a registrant under which
the registrant sells, provides, or agrees to sell or provide
merchandise, funeral services, or cemetery services under a prepaid
contract on behalf of the funeral establishment. As used in this
subdivision and subsection (5), "cemetery services", "funeral
services", "merchandise", "prepaid contract", "provider", and
"registrant" mean those terms as defined in the prepaid funeral and
cemetery sales act, 1986 PA 255, MCL 328.211 to 328.235.
(5) If an establishment license is canceled under subsection
(7) because of a change of ownership of the funeral establishment,
the department shall not grant a new license for that establishment
unless the applicant assumes the obligations of any unperformed
prepaid contracts in which the former establishment was designated
as the provider under section 11(1) of the prepaid funeral and
cemetery sales act, 1986 PA 255, MCL 328.221, or certifies that the
unperformed prepaid contracts have been assigned to another funeral
establishment or to a person that has a contract with a funeral
establishment that has agreed to act as the provider.
(6) The department may inspect a funeral establishment or a
branch of a funeral establishment, and the funeral establishment or
branch must meet the requirements of section 1809 and any other
standards and requirements established by rule of the department
under this act. The department may revoke a license for a failure
to meet any of these requirements under the procedure set forth in
this article.
(7)
A change in the ownership or change
in location of the
funeral establishment, or a change in ownership of a business
entity that owns a funeral establishment, automatically cancels its
license.
A licensee shall immediately report a change in ownership
or location to the department within 30 days of the change. As used
in this subsection, "change in ownership" means a change of a
majority of a business entity's members, shareholders, officers, or
directors or a change in a sole proprietorship's or general
partnership's owners.
(8)
The Subject to subsection
(9), the department shall issue
a
mortuary science license to an individual who holds a valid
license
in another state that has substantially equal requirements
to
the requirements under this article or previously held a valid
mortuary science license, or dual licenses as a funeral director
and embalmer, in another state if he or she meets all of the
following:
(a) Applies for a license to practice in this state.
(b) Held the license or licenses in the other state for a
period of at least 5 years.
(c) Completed a mortuary science program that is
accredited by an agency recognized by the United States
Secretary of Education as a specialized accrediting agency
in funeral service or mortuary science.
(d) Satisfactorily passed all of the required parts of an
examination administered and developed by a national or
international association of funeral service licensing
board and approved by the department and the board.
(e) (b)
Files with the department a
certified statement from
the examining board of the state in which the applicant holds a
license that shows the basis on which the license was granted, and
whether that board has suspended, revoked, or limited that license.
(f) (c)
Passes an examination approved by
the department and
the board that tests the individual's knowledge of law relating to
the
practice of mortuary science in Michigan.this state.
(9) The department may refuse to issue a mortuary science
license to an individual described in subsection (8) based on
evidence that his or her license in the other state was suspended,
revoked, or limited at any time.
Sec. 1806b. (1) Beginning the first complete license cycle
after October 31, 2023, the holder of a license for the practice of
mortuary science must successfully complete at least 4 hours of
eligible continuing education courses in each year of a license
cycle.
(2) All of the following apply to the continuing education
requirement described in subsection (1):
(a) The continuing education requirement does not apply to an
individual who is the holder of a license for the practice of
mortuary science and has held a valid license for the practice of
mortuary science for at least 40 years.
(b) At least 2 of the 4 hours of eligible continuing education
courses required in each year of a license cycle must involve 1 or
more of the following subjects:
(i) Technical skills required for embalming and restorative
art.
(ii) Funeral ethics and best practices.
(iii) Grief counseling.
(iv) Occupational health and safety for funeral home workers.
(v) Communicable diseases including transmission and
sterilization techniques.
(vi) Funeral service best practices.
(vii) Statutes and rules of this state relating to the
practice of funeral directing.
(viii) Prepaid funeral sales.
(ix) Consumer protection, Federal Trade Commission funeral
rule, and fair labor standards requirements.
(c) The department, or a statewide funeral service trade
organization under subsection (3) if applicable, shall determine
whether a continuing education course is an eligible continuing
education course.
(d) If an individual receives his or her initial license to
engage in the practice of mortuary science after the beginning of
the current license cycle for that license, the department may
prorate the number of hours of eligible continuing education that
licensee is required to complete under subsection (1) for the year
of the license cycle in which the license is issued.
(e) Compliance with the continuing education requirement is a
condition to further renewal of a license for the practice of
mortuary science.
(3) For purposes of subsection (1), the department may
contract under section 210(1) with a statewide funeral service
trade organization to administer a continuing education program and
to offer or approve continuing education courses. If authorized in
the contract, a statewide funeral service trade organization may
contract with other persons to provide coursework and other
services in connection with the continuing education program.
Sec. 1809. (1) All of the following apply to the ownership and
management of a funeral establishment:
(a)
A funeral establishment shall be
operated by a person who
is
the holder of must appoint a
manager to manage the funeral
establishment. A manager must hold a license for the practice of
mortuary
science. The establishment shall have conspicuously
displayed
at its entrance the name of the person licensed to
conduct
the establishment. The name of the person owning the
funeral
establishment shall be registered with the department.
Failure
to make full and complete disclosure of the owners shall be
grounds
for the revocation of the establishment license.
(b) A funeral establishment shall notify the department in
writing of the name of the individual appointed as the manager of
the funeral establishment and shall conspicuously display at its
entrance the name of the manager.
(c) The department may promulgate rules under section 205, and
the board may promulgate rules under section 308, to establish
requirements for the licensing, operation, and management of a
funeral establishment, including, but not limited to, a limit on
the number of establishments for which a licensee may be appointed
as the manager.
(d) A funeral establishment shall register the name of the
person that owns the funeral establishment with the department.
(e) The names of all of a funeral establishment's owners,
officers, directors, or members must be disclosed to the
department. A violation of this subdivision is grounds for
disciplinary action against the license of the funeral
establishment.
(2)
A person An individual whose license has been revoked
under
this article shall not operate own
or manage, either directly
or
indirectly, or hold an interest in a funeral establishment. This
subsection
shall not prohibit a person whose license has been
revoked
from leasing property owned by the person for use as a
funeral
establishment if the person does not participate in the
control
or profit of the funeral establishment otherwise than as a
lessor
of the premises for a fixed rental not dependent upon
earnings.
(3)
A branch establishment shall be operated by a person who
is
the holder of a license for the practice of mortuary science.
(3) (4)
The department and the board may
inspect the a
premises
in which funeral directing is conducted, or where
embalming is practiced, or where an applicant proposes to practice.
(4) (5)
A funeral establishment shall
contain a preparation
room equipped with tile, cement, or composition floor and necessary
drainage and ventilation, and contain each necessary instrument or
supply for the preparation and embalming of a dead human body for
burial, transportation, or other disposition.
(5) (6)
A branch establishment shall comply
with each
requirement or rule relating to a funeral establishment.
(6) An applicant for a funeral establishment license shall
submit an application for a license, on a form developed by the
department, that meets all of the following, as applicable:
(a) The application must indicate whether the
applicant is an individual, sole proprietorship, partnership,
corporation, or limited liability company or another type of
business entity.
(b) If an applicant is a sole proprietorship or a general
partnership, the application must confirm that the applicant is
registered at the county level, and the applicant must provide a
copy of its certificate of conducting business under an assumed
name or certificate of copartnership to the department.
(c) If an applicant is a business entity, the application must
confirm that the applicant is a business entity organized under the
laws of this state and is in good standing, or is a foreign entity
that has a certificate of authority and is authorized to do
business in this state, and the applicant must provide to the
department its full legal name, a copy of its articles of
incorporation, articles of organization, or certificate of
authority, and its federal employer identification number.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.