Substitute For

SENATE BILL NO. 696

A bill to amend 1980 PA 299, entitled

"Occupational code,"

by amending sections 1801 and 1809 (MCL 339.1801 and 339.1809), section 1801 as amended by 2006 PA 300.

the people of the state of michigan enact:

Sec. 1801. As used in this article:

(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 an individual represents that the person he or she is engaged in the profession of undertaking or the practice of mortuary science.

(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 required under this article, serves the required resident training, and is issued a license for the practice of mortuary science.

(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.

(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 managing 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 the individual is engaged as a funeral director.

(e) "Practice of mortuary science" means the practice of embalming or the practice of funeral directing, or both.

(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. 1809. (1) All of the following apply to the ownership and management of a funeral establishment:

(a) A funeral establishment shall be operated managed by a person an individual who is the holder of 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.The manager shall ensure that the funeral establishment complies with all applicable laws.

(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 conspicuously display the name of the manager at the entrance of the funeral establishment.

(d) Except as provided in subsection (2), an individual shall not manage more than 1 funeral establishment.

(e) If a new manager is appointed for a funeral establishment, the funeral establishment shall notify the department in writing of the name of the new manager not more than 30 days after the date of his or her appointment.

(2) The board shall establish a panel to receive and approve or deny requests for waivers to allow an individual to act as the manager of 2 funeral establishments under this subsection. The panel shall be comprised of the chair of the board, or the chair's designee, and 2 or more board members. All of the following apply to a request for a waiver under this subsection:

(a) The prospective manager shall request the waiver. The request must include the following:

(i) The prospective manager's name and mortuary science license number.

(ii) The name and license number of each funeral establishment affected.

(iii) Documentation supporting the existence of the factors listed in subdivision (b).

(b) The panel shall not grant a waiver under this subsection unless all of the following factors are met:

(i) The funeral establishments are located in the same county or contiguous counties.

(ii) The population density of the county in which each of the funeral establishments is located is less than the population density for this state, based on data from the most recent decennial census.

(iii) The funeral establishments are located within 90 miles of each other.

(c) If the panel denies a request for a waiver under this subsection, the individual who requested the waiver may submit a request to the director for a review of the panel's decision. All of the following apply to a review under this subdivision:

(i) The director shall not consider a request for a review that is received by the director more than 30 days after the mailing date of the panel's decision to deny the waiver.

(ii) The request for a review must be in writing and include the factor or factors described in subdivisions (a) and (b) that support a waiver under this subsection. The department may provide a request form for purposes of this subparagraph.

(iii) The director shall conduct a review in a manner that is consistent with article 5.

(iv) After reviewing the panel's decision, the director may overturn or uphold the panel's decision. The decision of the director is final.

(3) (2) A person An individual whose license has been is revoked under this article shall not operate manage, either directly or indirectly, or hold an interest in, a funeral establishment. This subsection shall does not prohibit a person an individual whose license has been is revoked from leasing property owned by the person individual for use as a funeral establishment if the person individual does not participate in the control or profit of the funeral establishment, otherwise other than as a lessor of the premises for a fixed rental that is not dependent upon on earnings.

(4) (3) A branch establishment shall be operated managed by a person an individual who is the holder of a license for the practice of mortuary science. The manager shall ensure that the branch establishment complies with all applicable laws.

(5) (4) The department and the board may inspect the premises in which funeral directing is conducted, or where embalming is practiced, or where an applicant proposes intends to practice.

(6) (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.

(7) (6) A branch establishment shall comply with each requirement or rule relating to a funeral establishment.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.