April 10, 2008, Introduced by Reps. Bieda, Condino, Corriveau, Vagnozzi and Donigan and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding part 101A.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 101A
COMMERCIAL DISPLAY OF HUMAN REMAINS
Sec. 10151. (1) As used in this part:
(a) "Commercial purposes" means either of the following:
(i) A display for which the public is charged a fee or other
consideration as a condition of viewing.
(ii) A display for which an exhibitor accepts payment or other
consideration.
(b) "Exhibitor" means a person who shows or puts on, or
contracts to show or put on, a temporary public display of human
remains.
(c) "Local governing entity" means that term as defined in
section 2406.
(d) "Museum facility" means a public or private nonprofit
institution that meets all of the following requirements:
(i) Is accredited by the American association of museums or is
a part of an accredited college or university.
(ii) Is organized on a permanent basis for essentially
educational or aesthetic purposes.
(iii) Owns or uses, cares for, and exhibits tangible objects to
the general public on a regular basis.
(2) In addition, article 1 contains general definitions and
principles of construction applicable to all articles of this act.
Sec. 10152. (1) Except as otherwise provided in this part, a
person shall not display human remains for commercial purposes or
medical education purposes. A person may display human remains for
commercial purposes or medical education purposes if the local
governing entity of the local health department of the city,
county, or district in which the human remains will be displayed
has established a permit program as described in section 10153 and
the person obtains a permit from the appropriate local health
department for that display.
(2) This section does not apply to a display of human remains
that meets any of the following requirements:
(a) Consists of human remains that are more than 100 years
old.
(b) Consists solely of human teeth or hair.
(c) Is part of the ordinary display or viewing of the deceased
at a funeral establishment or is part of a similar funeral or
memorial service.
(d) Consists solely of objects of religious veneration.
(e) Except as otherwise provided in this subdivision, is in
the possession of a museum facility. However, if the museum
facility paid or offered other consideration to an exhibitor to
display human remains and that display is not exempt from this part
under subdivisions (a) to (d), the exhibitor shall not display the
human remains unless the local governing entity of the city,
county, or district in which the museum facility is located has
established a permit program as described in section 10153 and the
museum facility obtains a permit from the appropriate local health
department for that display.
(3) A person who violates this section is subject to a civil
penalty of an amount not to exceed $10,000.00 for each violation.
Sec. 10153. (1) A local governing entity may establish a
permit program under this part to allow the display of human
remains for commercial purposes or medical education purposes under
certain circumstances. If established, the local governing entity
shall authorize the local health department to implement,
administer, and enforce the permit program under this section. The
local governing entity shall establish the standards and
requirements of the permit program. A local health department shall
only issue a permit to a person for the display of human remains to
the public for commercial purposes or medical education purposes if
the local health department, the local public health official, or
his or her designee determines that all of the requirements of the
permit program have been met and that the person has provided valid
written authorization to display the human remains for commercial
purposes or medical education purposes from any of the following
with regard to each human whose remains are on display:
(a) The decedent, including, but not limited to, authorization
given by will.
(b) A person authorized to make an anatomical gift under part
101 or in accord with the anatomical gift laws of another state or
foreign country.
(2) If the local governing entity of a local health department
establishes a permit program under subsection (1), the local health
department shall enforce this part and any rules promulgated under
this part pursuant to sections 2461(2) and 2462. In addition to the
penalties and remedies under this part, a local health department
may enforce this part and any rules promulgated under this part
through an action commenced pursuant to section 2465 or any other
appropriate action authorized by law.
Sec. 10154. This part does not apply to the utilization of
human remains in a manner that meets the purposes of and complies
with part 101.