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SENATE BILL NO. 1060
A bill to amend 1980 PA 299, entitled
"Occupational code,"
by amending sections 1801, 1806a, 1806b, 1810, and 1859 (MCL
339.1801, 339.1806a, 339.1806b, 339.1810, and 339.1859), section
1801 as amended and section 1806b as added by 2020 PA 265, section
1806a as added by 2013 PA 77, section 1810 as amended by 2023 PA
204, and section 1859 as added by 2024 PA 107, and by adding
section 1806c; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
June 23, 2026, Introduced by Senators HERTEL, WEBBER and SANTANA and referred to
Committee on Regulatory Affairs.
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Sec. 1801. As used in this article: 1
(a) "Business entity" means a person described in section 2
105(5)(b) or (c), except a sole proprietorship or general 3
partnership. 4
(b) "Funeral establishment" means a place of business used in 5
the care and preparation for burial or transportation of a dead 6
human body or a place of business where an individual represents 7
that he or she the individual is engaged in the profession of 8
undertaking or the practice of mortuary science. 9
(c) "Holder of a license for the practice of funeral 10
directing" means an individual who is issued a license for the 11
practice of funeral directing. 12
(d) (c) "Holder of a license for the practice of mortuary 13
science" means an individual who satisfactorily completes a course 14
in mortuary science, passes an examination required under this 15
article, serves the required resident training, and is issued a 16
license for the practice of mortuary science. 17
(e) (d) "Practice of embalming" means the disinfecting or 18
preserving of a dead human body, entirely or in part, by the use of 19
a chemical substance, fluid, or gas in the body or by the 20
introduction of a chemical substance, fluid, or gas into the body 21
by a vascular or hypodermic injection, or by direct application 22
into an organ or cavity. 23
(f) (e) "Practice of funeral directing" means engaging in or 24
representing oneself as engaging in the supervising of the burial 25
and disposal of a dead human body, managing a funeral establishment 26
for the preparation, disposition, and care of a dead human body, or 27
using, in connection with the user's name or funeral establishment, 28
the word "funeral director", "funeral service professional", 29
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"undertaker", or "mortician", or any other title embodying the 1
words "mortuary science" or otherwise implying that the individual 2
is engaged as a funeral director. 3
(g) (f) "Practice of mortuary science" means the practice of 4
embalming or the practice of funeral directing, or both. 5
(h) (g) "Resident trainee" means an individual who is engaged 6
in learning the practice of embalming or funeral directing or the 7
practice of mortuary science under the instruction and personal 8
supervision of a holder of a license for the practice of mortuary 9
science in this state. 10
Sec. 1806a. (1) The department may issue a courtesy license to 11
engage in the practice of funeral directing or to engage in the 12
practice of mortuary science to an individual if the department 13
determines that all of the following are met: 14
(a) The individual holds a valid license to practice mortuary 15
science, funeral directing, or another occupation that is the 16
equivalent of the practice of mortuary science or funeral 17
directing, issued by the state of Indiana, Ohio, or Wisconsin. 18
(b) The state that issued the license described in subdivision 19
(a) by law provides individuals licensed under this article 20
substantially the same opportunity to practice in that state as its 21
that state's licensees are authorized to practice in this state 22
under this section. 23
(2) A courtesy license is valid for 2 years, beginning on the 24
date it the courtesy license is issued or renewed. 25
(3) An individual who holds a courtesy license may do any of 26
the following: 27
(a) Remove a dead human body from the place of death in this 28
state. 29
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(b) Register with a local registrar under section 1807. 1
(c) Subject to section 1807, transport a dead human body to or 2
from the state in which he or she where the individual is licensed. 3
(d) Subject to section 1807, supervise the final disposition 4
in this state of the dead human body of an individual who died in 5
the state in which he or she where the individual is licensed. 6
(4) An individual who holds only a courtesy license shall not 7
do any of the following in this state: 8
(a) Operate a funeral establishment. 9
(b) Engage in the practice of embalming. 10
(c) Advertise mortuary science, funeral directing, or 11
cremation services. 12
(d) Directly or indirectly own, manage, operate, maintain, or 13
be employed by a cemetery or crematory or engage in any similar 14
activity for which registration is required under the cemetery 15
regulation act, 1968 PA 251, MCL 456.521 to 456.543. 16
(e) Violate Commit any of the violations described in section 17
1810. 18
(5) The department shall ensure that a courtesy license is 19
issued with the restrictions described in this section. 20
(6) As used in this section, "courtesy license" means a 21
license issued under this article to an individual described in 22
subsection (1) that is subject to the restrictions described in 23
this section. 24
Sec. 1806b. (1) Beginning the first complete license cycle 25
after October 31, 2025, the holder of a license for the practice of 26
funeral directing or the holder of a license for the practice of 27
mortuary science shall successfully complete not less than 4 hours 28
of eligible continuing education courses in each year of a license 29
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cycle. 1
(2) All of the following apply to the continuing education 2
requirement described in subsection (1): 3
(a) Not less than 2 of the 4 hours of the courses required in 4
each year of a license cycle shall involve 1 or more of the 5
following subjects: 6
(i) Technical For the holder of a license for the practice of 7
mortuary science, technical skills required for embalming and 8
restorative art. 9
(ii) Funeral ethics and funeral service best practices. 10
(iii) Grief counseling. 11
(iv) Occupational health and safety for funeral home workers. 12
(v) Communicable For the holder of a license for the practice 13
of mortuary science, communicable diseases including transmission 14
and sterilization techniques. 15
(vi) Statutes and rules of this state relating to the practice 16
of funeral directing. 17
(vii) Prepaid funeral sales. 18
(viii) Consumer protection, Federal Trade Commission funeral 19
rules, and fair labor standards requirements. 20
(b) The department shall determine whether a continuing 21
education course is an eligible continuing education course. 22
(c) If an individual receives his or her the individual's 23
initial license to engage in the practice of funeral directing or 24
to engage in the practice of mortuary science after the beginning 25
of the current license cycle for that license, the department may 26
prorate the number of hours of continuing education the licensee is 27
required to complete under subsection (1) for the year of the 28
license cycle in which the license is issued. 29
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(d) Compliance with the continuing education requirement 1
described in this section is a condition to further renewal of a 2
license for the practice of funeral directing or a license for the 3
practice of mortuary science. 4
Sec. 1806c. (1) The department shall issue a license to engage 5
in the practice of funeral directing to an individual who meets all 6
of the following requirements: 7
(a) Subject to subsection (2), served as a resident trainee 8
for 1 year under the personal supervision and instruction of the 9
holder of a license for the practice of funeral directing or the 10
holder of a license for the practice of mortuary science. 11
(b) Received a 2-year associate degree from a school, college, 12
or university that is accredited by an accrediting agency 13
recognized by the United States Secretary of Education as a 14
specialized accrediting agency in funeral service. 15
(c) Satisfactorily passed all nonscience portions of the 16
required parts of an examination administered and developed by a 17
national or international association of funeral service licensing 18
boards and approved by the department and the board. 19
(d) Satisfactorily passed a Michigan examination developed and 20
administered by or under the authority of the department. 21
(e) Is of good moral character. 22
(2) The department may waive a portion of the requirement 23
under subsection (1)(a) of 1 year of resident training if the 24
applicant has a baccalaureate degree from an accredited school, 25
college, or university, and the department determines that the 26
degree is a satisfactory substitute for the resident training. 27
(3) A license issued under this section is valid for 2 years. 28
Sec. 1810. (1) A person is subject to the penalties of article 29
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6 if the person commits any of the following: 1
(a) Solicitation of a dead human body by a licensee or an 2
agent, assistant, representative, employee, or person acting on 3
behalf and with the knowledge and consent, express or implied, of 4
the licensee, whether the solicitation occurs after death or while 5
death is impending, or the procuring or allowing directly or 6
indirectly of a person to call upon an institution or individual by 7
whose influence a dead human body may be turned over to the 8
licensee or funeral establishment. 9
(b) Procuring a person known as capper, steerer, or solicitor 10
to obtain funeral directing or embalming, or allowing or permitting 11
a capper, steerer, or solicitor to obtain funeral directing or 12
embalming for a licensee or funeral establishment. 13
(c) The direct or indirect payment or offer of payment of a 14
commission by a licensee or an agent, representative, assistant, or 15
employee of the licensee for the purpose of securing business. 16
(d) Aiding Engaging in the practice of embalming without a 17
license to practice mortuary science or aiding or abetting a 18
nonlicensee to engage in the practice of funeral directing or the 19
practice of embalming. 20
(e) Using profane, indecent, or obscene language in the 21
presence of a dead human body, or within the immediate hearing of 22
the family or relatives of a deceased, whose body has not yet been 23
interred or otherwise disposed of. 24
(f) Solicitation or acceptance by a licensee of a commission 25
or bonus or rebate in consideration of recommending or causing a 26
dead human body to be disposed of in a crematory, mausoleum, or 27
cemetery. 28
(g) Using a casket or part of a casket that has been 29
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previously used as a receptacle for, or in connection with, the 1
burial or other disposition of a dead human body. This subdivision 2
does not apply to a casket or part of a casket that was designed 3
and manufactured for more than 1 use. 4
(h) A violation of any of the following: 5
(i) Section 2652, 2653, 2659, 2663, 2842, 2843, 2848, 2850, 6
2851, 2853, or 2854 of the public health code, 1978 PA 368, MCL 7
333.2652, 333.2653, 333.2659, 333.2663, 333.2842, 333.2843, 8
333.2848, 333.2850, 333.2851, 333.2853, and 333.2854, or the rules 9
promulgated under those sections. 10
(ii) Sections 3206 to 3209 of the estates and protected 11
individuals code, 1998 PA 386, MCL 700.3206 to 700.3209. 12
(iii) A municipal or county ordinance or regulation affecting 13
the handling, custody, care, or transportation of a dead human 14
body. 15
(i) Refusing to promptly surrender the custody of a dead human 16
body, upon the express order of the person lawfully entitled to the 17
custody. 18
(j) Failure to secure a permit for removal or burial of a dead 19
human body before interment or disposal. 20
(k) Obtaining possession of or embalming a dead human body 21
without first being expressly directed or authorized to do so by a 22
relative of the decedent or a person entitled to custody. This 23
subdivision does not apply to the embalming of a dead human body if 24
in accordance with sections 3206 to 3209 of the estates and 25
protected individuals code, 1998 PA 386, MCL 700.3206 to 700.3209, 26
reasonable efforts to obtain the authorization described in this 27
subdivision have been made but were not successful and more than 48 28
hours have elapsed since the decedent's death. 29
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(l) Knowingly making a false statement on a certificate of 1
death. 2
(m) Removing or embalming a dead human body if there is 3
information indicating the commission of a crime or an act of 4
violence in connection with the cause of death, unless permission 5
of the county medical examiner has first been obtained. 6
(n) If a public officer or employee, an official of a public 7
institution, convalescent home, private nursing home, maternity 8
home, public or private hospital, physician or surgeon, or any 9
other person having a professional relationship with a decedent, or 10
a county medical examiner or other public official having temporary 11
custody of the decedent, sending or causing to be sent to a person 12
or establishment licensed under this article the remains of a 13
deceased person individual without having first made inquiry as to 14
the desires of the person with authority over the disposal of the 15
remains of the decedent under section 3206 of the estates and 16
protected individuals code, 1998 PA 386, MCL 700.3206, and of the 17
person that may be chargeable with the funeral expenses of the 18
decedent. If a person with authority over the disposal of the 19
remains of the decedent under section 3206 of the estates and 20
protected individuals code, 1998 PA 386, MCL 700.3206, is found, 21
the person's authority and directions shall govern the disposal of 22
the remains of the decedent. 23
(o) If a licensee, receiving remains in violation of the 24
requirements of subdivision (n) and making a charge for a service 25
in connection with the remains before the delivery of the remains 26
as stipulated by the person with authority over the disposal of the 27
remains of the decedent under section 3206 of the estates and 28
protected individuals code, 1998 PA 386, MCL 700.3206. This 29
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subdivision does not prohibit a person or establishment licensed 1
under this article from charging and being reimbursed for services 2
rendered in connection with the removal of the remains of a 3
deceased person individual if the person's individual's death was 4
accidental or violent, and rendering necessary services required 5
until the person with authority over the disposal of the remains of 6
the decedent under section 3206 of the estates and protected 7
individuals code, 1998 PA 386, MCL 700.3206, or the person that is 8
chargeable with the funeral expenses is notified. 9
(p) If a funeral establishment or a licensee, entering into an 10
agreement, directly or indirectly, in which the practice of 11
embalming or funeral directing is to be rendered in consideration 12
for the funeral establishment, licensee, or an agent, assistant, or 13
representative of the establishment or licensee, being designated 14
as beneficiary in an insurance policy or certificate. This 15
subdivision does not govern or limit the authority of a personal 16
representative, trustee, or other person that has a fiduciary 17
relationship with the deceased. 18
(q) Failure to comply with part 138 of the public health code, 19
1978 PA 368, MCL 333.13801 to 333.13832. 20
(r) Failure to comply with the prepaid funeral and cemetery 21
sales act, 1986 PA 255, MCL 328.211 to 328.235. 22
(2) The department, in consultation with the director of the 23
department of health and human services, shall promulgate rules to 24
prescribe training standards for licensees and nonlicensees that 25
handle medical waste in a funeral establishment. 26
(3) A licensee that who owns or operates a funeral 27
establishment shall train its the licensee's employees in 28
accordance with the rules promulgated under subsection (2). 29
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Sec. 1859. (1) A refrigeration facility shall designate a 1
holder of a license for the practice of mortuary science as a 2
manager of the refrigeration facility. The manager shall supervise 3
the handling and sheltering of a dead human body at the 4
refrigeration facility. The manager shall not otherwise engage in 5
the practice of mortuary science while acting as a manager for a 6
refrigeration facility. 7
(2) A holder of a license for the practice of mortuary science 8
shall not manage more than 1 refrigeration facility. A holder of a 9
license for the practice of mortuary science who manages a funeral 10
establishment under section 1809 shall not manage a more than 1 11
refrigeration facility. 12
(3) A manager of a refrigeration facility shall not reside 13
more than 100 miles from the refrigeration facility. 14
Enacting section 1. Section 1812 of the occupational code, 15
1980 PA 299, MCL 339.1812, is repealed. 16