November 8, 2017, Introduced by Senator JONES and referred to the Committee on Regulatory Reform.
A bill to amend 1980 PA 299, entitled
"Occupational code,"
by amending sections 210, 1806, and 1809 (MCL 339.210, 339.1806,
and 339.1809), section 210 as amended by 2016 PA 30 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. 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 at a school,
college, or university that is accredited 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 location of the funeral
establishment automatically cancels its license. A licensee shall
immediately report a change in ownership or location to the
department.
(8) 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
if he or she meets all of the
following:
(a) Applies for a license to practice in this state.
(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.
(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.
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) A funeral establishment shall be operated by a
person
an individual who is the holder of a license for the
practice
of mortuary science. The The
department may adopt rules
under sections 205 and 308 that establish requirements for the
operation and the operator of a funeral establishment. A funeral
establishment
shall have conspicuously displayed conspicuously
display
at its entrance the name of the person
individual who is
licensed
to conduct operate the establishment. The name of the
person
owning the that owns a funeral establishment shall be
registered with the department. Failure to make full and complete
disclosure
of the owners shall be is grounds for the revocation of
the
a funeral establishment license.
(2)
A person An individual whose license has been revoked
under this article shall not operate 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
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 than as a lessor of the premises for a
fixed
rental that is not dependent upon on earnings.
(3)
A branch establishment shall be operated by a person an
individual who is the holder of a license for the practice of
mortuary science.
(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.
(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.
(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.