Bill Text: MI HB4574 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Occupations; mortuary science; assignment or assumption of prepaid funeral contracts by purchaser of a licensed funeral establishment; require. Amends sec. 1806 of 1980 PA 299 (MCL 339.1806).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2013-07-03 - Assigned Pa 80'13 With Immediate Effect [HB4574 Detail]
Download: Michigan-2013-HB4574-Introduced.html
HOUSE BILL No. 4574
April 17, 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 1806 (MCL 339.1806), as amended by 1988 PA 463.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1806. (1) The department shall issue a license to engage
in
the practice of mortuary science to an individual who has 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. , has
graduated
(b) Graduated from a 3-year course in mortuary science in an
accredited
school, college, or university. , has
(c)
Subject to subsection (2), satisfactorily
passed the
passes
an examination approved by the
department and the board. ,
and
is
(d)
Is of good moral character. The
(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,
which and the department finds to be determines that
the degree is a satisfactory substitute for the resident training.
(3) (2)
The A person may only engage
in the practice of
mortuary
science shall be practiced at a fixed place. location. A
person shall not open or maintain a place for practice, or hold
itself
out as engaging in the practice of mortuary science, unless
without
an establishment license is granted issued by
the
department.
The 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; , or at
a church, home, public
hall, lodge room, or other fixed place; or at another establishment
that
is owned by the person conforming to
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 act, 1986 PA 255, MCL 328.221, or certifies that the
unperformed prepaid contracts have been assigned to another funeral
establishment.
(6) (3)
A The department may inspect
a funeral establishment
or
a branch of a funeral establishment, may be inspected by the
department
and shall and the funeral
establishment or branch must
meet
and conform to the
requirements of section 1809 and to any
other
lawful standards and requirements established by rule of the
department
in furtherance of under this act. The department may
revoke
a license for a failure to meet those any of these
requirements
pursuant to 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 shall be
immediately
reported to the department.
(8) (4)
The department shall issue a
mortuary science license
to
an individual holding who
holds a valid license in another state
having
that has substantially equal requirements to those
existing
in
this state who has fulfilled the
requirements under this article
if he or she meets all of the following:
(a)
Applied Applies for a license to practice in this state.
(b)
Filed Files with the department a certified statement from
the examining board of the state in which the applicant holds a
license ,
showing that shows the basis upon on which the license
was
granted, and whether the license that board has been suspended,
revoked,
or limited by a state board.that
license.
(c)
Passed Passes an examination approved by the department
and
the board which that tests the individual's knowledge of law
relating to the practice of mortuary science in Michigan.
