February 21, 2013, Introduced by Rep. Kurtz and referred to the Committee on Regulatory Reform.
A bill to amend 1980 PA 299, entitled
"Occupational code,"
by amending section 1810 (MCL 339.1810), as amended by 2006 PA 300.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
1810. (1) A person shall be is
subject to the penalties
of
article 6 if the person commits 1 any of the following:
(a)
Solicitation of a dead human body by If the person is a
licensed person or an agent, assistant, representative, employee,
or person acting on behalf and with the knowledge and consent,
express or implied, of the licensed person, doing any of the
following:
(i) Soliciting a dead human body, whether the solicitation
occurs
after death or while death is impending. ; or the procuring
(ii) Procuring or allowing directly
or indirectly of allowing a
person
to call upon on an institution or individual by whose
influence
that may have influence over
a decision to turn over a
dead
human body may be turned over to the licensed person or a
funeral establishment.
(b) Procuring a person, known as a capper, steerer, or
solicitor, to obtain funeral directing or embalming; or allowing or
permitting a capper, steerer, or solicitor to obtain funeral
directing or embalming for a licensed person or funeral
establishment.
(c)
The direct or indirect payment or offer of payment of a
commission
by If the person is a licensed person or an agent,
representative, assistant, or employee of the licensed person,
directly or indirectly paying or offering to pay a commission for
the purpose of securing business.
(d) Aiding or abetting an unlicensed person to engage in the
practice of funeral directing or embalming.
(e) Using profane, indecent, or obscene language in the
presence of a dead human body, or within the immediate hearing of
the
family or relatives of a deceased, whose if the body has not
yet been interred or otherwise disposed of.
(f)
Solicitation or acceptance by If
the person is a licensed
person, of
soliciting or accepting a commission or bonus or rebate
in consideration of recommending or causing a dead human body to be
disposed of in a crematory, mausoleum, or cemetery.
(g)
Using a casket or part of a casket which that has been
previously used as a receptacle for, or in connection with, the
burial or other disposition of a dead human body.
(h) A violation of a state law or municipal or county
ordinance or regulation affecting the handling, custody, care or
transportation of a dead human body.
(i) Refusing to promptly surrender the custody of a dead human
body
, upon after receiving the express order of the person
lawfully
entitled to the that custody.
(j) Failure to secure a permit for removal or burial of a dead
human body before interment or disposal.
(k) Obtaining possession or embalming a dead human body
without first being expressly directed or authorized to do so by a
relative of the deceased person or a person entitled to custody of
the body.
(l) Knowingly making a false statement on a certificate of
death.
(m) Removing or embalming a dead human body if there is
information indicating crime or violence in connection with the
cause of death, unless permission of the county medical examiner
has
is first been obtained.
(n) If the person is a public officer or employee, an official
of a public institution, convalescent home, private nursing home,
maternity home, public or private hospital, physician or surgeon,
or any other person having a professional relationship with a
decedent or county medical examiner or other public official having
temporary custody of the decedent, sending or causing to be sent to
a person or establishment licensed under this article the remains
of
a deceased person without having first made making inquiry
as to
the desires of the person with authority over the disposal of the
remains of the decedent under section 3206 of the estates and
protected individuals code, 1998 PA 386, MCL 700.3206, and of the
person who may be chargeable with the funeral expenses of the
decedent. If a person with authority over the disposal of the
remains of the decedent under section 3206 of the estates and
protected individuals code, 1998 PA 386, MCL 700.3206, is found,
the person's authority and directions shall govern the disposal of
the remains of the decedent.
(o) If the person is a licensee, receiving remains in
violation of the requirements of subdivision (n) and making a
charge for a service in connection with the remains before the
delivery of the remains as stipulated by the person with authority
over the disposal of the remains of the decedent under section 3206
of the estates and protected individuals code, 1998 PA 386, MCL
700.3206.
This subdivision shall does
not prevent a person or
establishment licensed under this article from charging and being
reimbursed for services rendered in connection with the removal of
the remains of a deceased person in case of accidental or violent
death,
and or rendering necessary services required until the
person with authority over the disposal of the remains of the
decedent under section 3206 of the estates and protected
individuals code, 1998 PA 386, MCL 700.3206, or the person who is
chargeable with the funeral expenses is notified.
(p) If the person is a funeral establishment or a licensee,
entering
upon into an agreement, directly or indirectly, in which
the practice of embalming or funeral directing is to be rendered in
consideration for the designation of the funeral establishment, the
licensed person, or an agent, assistant, or representative of the
establishment
or licensed person, being designated as beneficiary
in an insurance policy or certificate. This subdivision does not
govern or limit the authority of a personal representative,
trustee, or other person who has a fiduciary relationship with the
deceased.
(q) Failure to comply with part 138 of the public health code,
1978
PA 368, MCL 333.13801 to 333.13831.333.13832.
(r) Failure to comply with the prepaid funeral and cemetery
sales act, 1986 PA 255, MCL 328.211 to 328.235.
(2) The department, in consultation with the director of
public
the department of community health, shall promulgate rules
to prescribe training standards for licensees and nonlicensees who
handle medical waste in a funeral establishment.
(3) A licensee who owns or operates a funeral establishment
shall train his or her employees pursuant to the rules promulgated
under subsection (2).
(4) If a person licensed under this article is convicted of
conversion or embezzlement of funds received under the prepaid
funeral and cemetery sales act, 1986 PA 255, MCL 328.211 to
328.235, the department shall revoke that license, and the person
shall not apply for and the department shall not grant a license
under this article for at least 5 years after the revocation.