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.
(b) Graduated from a 3-year course in mortuary science in an accredited school, college, or university.
(c) Subject to subsection (2), satisfactorily passes an examination approved by the department and the board.
(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.
(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.
History: 1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1981, Act 83, Imd. Eff. July 1, 1981 ;-- Am. 1988, Act 463, Eff. Sept. 1, 1989 ;-- Am. 2013, Act 80, Eff. Sept. 26, 2013
Popular Name: Act 299
Admin Rule: R 339.18901 et seq. of the Michigan Administrative Code.
Last modified: October 10, 2016