Michigan Office of Administrative Hearings and Rules

MOAHR-Rules@michigan.gov

AGENCY REPORT TO THE

JOINT COMMITEE ON ADMNINISTRATIVE RULES (JCAR)

1. Agency Information

Agency name:

Licensing and Regulatory Affairs

Division/Bureau/Office:

Corporations, Securities, & Commercial Licensing

Name of person completing this form:

Mitchell Page

Phone number of person completing this form:

517-241-6659

E-mail of person completing this form:

PageM6@michigan.gov

Name of Department Regulatory Affairs Officer reviewing this form:

Elizabeth Arasim

2. Rule Set Information

MOAHR assigned rule set number:

2023-17 LR

Title of proposed rule set:

Mortuary Science

3. Purpose for the proposed rules and background:

The proposed rules will provide a regulatory structure to implement and enforce new continuing

education requirements. They will establish and clarify standards of conduct for the mortuary science

industry, set minimum requirements for physical funeral establishments, and clarify how licensees

should care for and store dead human bodies and cremated remains.

4. Summary of proposed rules:

The proposed rules will provide a regulatory structure to implement and enforce new continuing

education requirements. They will establish and clarify standards of conduct for the mortuary science

industry, set minimum requirements for physical funeral establishments, and clarify how licensees

should care for and store dead human bodies and cremated remains.

5. List names of newspapers in which the notice of public hearing was published and

publication dates:

1.)The Grand Rapids Press, June 16, 2024.

2.)The Oakland Press, June 21, 2024.

3.)Marquette Mining Journal, June 15, 2024.

6. Date of publication of rules and notice of public hearing in Michigan Register:

7/1/2024

MCL 24.242 and 24.245

Agency Report to JCAR-Page 2

7. Date, time, and location of public hearing:

7/18/2024 10:00 AM at Sun Room , 2407 N Grand River Ave, Lansing, MI 48906

8. Provide the link the agency used to post the regulatory impact statement and cost-benefit

analysis on its website:

https://ARS.apps.lara.state.mi.us/Transaction/RFRTransaction?TransactionID=1444

9. List of the name and title of agency representative(s) who attended the public hearing:

•Linda Clegg, LARA.

•Bradley Horton, LARA.

•Caitlin Keene, LARA.

•Mitchell Page, LARA.

•Charlotte Goutimy, Board of Examiners in Mortuary Science.

•Brian Joseph, Board of Examiners in Mortuary Science.

•Vern Pixley, Board of Examiners in Mortuary Science.

10. Persons submitting comments of support:

Arthur McNabb, Adams-Redmond Funeral Home.

11. Persons submitting comments of opposition:

Tate Goodwin, Lighthouse Funeral & Cremation; Spencer A. Skorupski, Skorupski Family Funeral

Home & Cremation Services; Benjamin Joffe, Benjamin D. Joffe PPLC; Mark Bucchi, Esq, counsel

to Paul Buchanan; Paul Buchanan, Generations Funeral and Cremation Service Inc.; Timothy Gagern,

Generations Funeral and Cremation Service Inc.; Nicole Crist, Generations Funeral and Cremation

Service Inc.; Matthew Varga, affiliation unknown; Scott Shepard, affiliation unknown; Sally A.

Bazan, Generations Funeral and Cremation Services; Melissa H., affiliation unknown; Morgan

Minger-Szyniszewski, affiliation unknown; Shane Wright, affiliation unknown; Daniel Jansen,

licensed funeral director; Alan Jowett, Jowett Funeral Home.

12. Persons submitting other comments:

Jennifer Simsack, Lewis E. Wint & Son Funeral Home, Inc.; Thomas Macksoud, Simple Funerals;

Jared Rozycki, MFDA; Steve McCowen, Avink, McCowen & Secord Funeral Home and Cremation

Society; Lee Karelse, Heritage Life Story Funeral Homes; Rodney Wakeman, Former State

Representative and Author of PA 265’2020; Kyle Schweiker, licensed funeral director; Scott Hurrell,

Service Corporation International; Greg McClary, MFDA; Craig Harms, Lennox Cremation & the

Michigan Concrete Barrier Vault and Crematory Association; Sean Allen, Service Corporation

International; Peggy Wesley-Fitzthum, Skorupski Family Funeral Home & Cremation Services; Mark

Sayles, Hyatt Ewald Funeral Home.

13. Identify any changes made to the proposed rules based on comments received during the

public comment period:

MCL 24.242 and 24.245

Agency Report to JCAR-Page 3

Name &

Organization public hearing

Comments made at Written

Agency Rationale Rule number

for Rule Change & citation

and Description changed

of Change(s)

Comments

Made

1

Jared Rozycki,

Michigan

Funeral

Director’s

Association

(MFDA)

“Proposed Rule 1 Amend (d) to read R 339.18901

(1)(d) and (g),

which define

“Continuing

“…means an

instructional

course or activity (g)

(d)

R 339.18901

Education” and that meets the

“Course,” exceed requirements

R 339.18901

(l)

statutory

under 1806b of the

authority by

limiting both

definitions to

continuing

code, MCL

339.1806b.

Amend (g) to read

“means any

education and

courses covering qualifying activity

the topics listed or approved

in section 1806b program with a

(2)(a) of the

clear purpose and

Code. The Code objective that

clearly states,

however, that

only two of the

four hours of

continuing

maintains,

improves, or

expands the skills

and knowledge of

the practice of

mortuary science

under section

education

required each

year must cover 1806b of the code,

subjects under MCL 339.1806b.

1806b(2)(a). As Regular duties for

such, these

regulatory

compensation are

not considered

definitions would activities, except

amend the statute for employer

by requiring that compensated

all continuing

education and

continuing

education

courses, not just activities.”

the minimum 2

hours per year,

cover the listed

subjects under

Remove (l).

The department

section 1806b(2) maintains that the

(a). For this rule as written was

MCL 24.242 and 24.245

Agency Report to JCAR-Page 4

reason, MFDA

within the bounds

strongly urges the of statutory

department to

broaden the

definitions by

authority and did

not exceed it.

However, as

deleting reference demonstrated by

to 1806b(2)(a).” these public

comments, there

“Proposed Rule 1 may have been

(1)(L) adds a

misunderstandings

definition for the about the extent to

term

which this rule

“Supervision,”

which poses a

number of

was establishing

new requirements.

Therefore, these

problems. First, it changes will

includes

arranging for

enhance the clarity

of the rules and

mortuary science ensure that

services within

licensees do not

the “practice of get confused about

funeral

the statutory

directing.” The

Code defines

“practice of

authority that the

rule derives from.

funeral directing”

and makes no

mention of

arranging for

mortuary science

services. MFDA

will discuss this

issue more fully

when

commenting on

proposed Rule

42, but an

administrative

rule promulgated

under a statue

cannot amend the

statutory

definition.

Furthermore, the

Code makes clear

that the practice

MCL 24.242 and 24.245

Agency Report to JCAR-Page 5

of funeral

directing is a part

of the practice of

mortuary science,

and therefore

requires a

mortuary science

license. The

proposed rule,

however,

contemplates that

it could be done

by a non-licensee,

albeit under

“supervision.””

2

Jared Rozycki,

Michigan

Funeral

“Proposed Rule Remove “…the

R 339.18921

21 begins: “An

applicant for a

requirements of

the code. In

Director’s

Association

(MFDA)

mortuary science addition to the

license shall

satisfy the

requirements of

the code, an

requirements of applicant shall

the Code. In

satisfy…” ;

addition to the

requirements of Amend (a) to read

the Code, an

applicant shall

“Completion of

not less than 90

satisfy all of the semester or the

following:”. equivalent quarter

MFDA notes that hours with not less

administrative than a 2.00 grade

rules may not add point average of

licensing nonremedial

requirements to college level

the statute.

courses at an

Consequently,

accredited college

MFDA advocates or university,

that Rule 21 including

simply begin with graduation from

“An applicant for an accredited

a mortuary

science license

shall satisfy all of

mortuary science

program.”

the following:”. Remove (b).

Furthermore, the

last sentences of These comments

MCL 24.242 and 24.245

Agency Report to JCAR-Page 6

Rules 21(a) and on (b) voiced

(b) are designed concerns that the

to ensure the 60 proposed rule

hours of general could lead to

education and the misinterpretations

30 hours of

mortuary science requirements that

education are do not exist in

separate. But in statute.

about additional

practice these

The changes to (b)

sentences taken intend to clarify

together could

the educational

result in requiring requirements

a total of four

years of post-

secondary

derived from

statute and avoid

any perceived

education – not confusion.

the three years

prescribed by the

Code. For

example, at a two

-year mortuary

science program,

a student who

graduates with an

Associate’s

Degree upon

completion could,

under the

proposed rules,

be required to

obtain an

additional 60

hours of general

education.

To address this

concern, MFDA

recommends that

proposed Rules

21(a) and (b) be

deleted, and

replaced with a

new Rule 21(a)

requiring

completion of not

less than 90

MCL 24.242 and 24.245

Agency Report to JCAR-Page 7

semester (or its

equivalent

quarter) hours,

with not less than

a 2.00 grade point

average, of non-

remedial college

level courses at

an accredited

college or

university,

including

graduation from

an accredited

mortuary science

program pursuant

to R 339.18922

(1).”

3

Jared Rozycki,

Michigan

Funeral

Director’s

Association

(MFDA)

“Proposed Rule Add “except as

R 339.18923

23(1) and (2)

provided in (2),” (1)

conflict with one to (1).

another as

currently drafted. Add “…

R 339.18923

(8)

The third

embalming or

sentence of Rule assisting in the

23(1) states that a preparation of

resident trainee

dead human

license may not bodies under Rule

be renewed more 25(a)…” to (8).

than once, and (2)

provides a

process for an

The changes are

intended to better

exception to that clarify the

restriction.”

&

boundary of

responsibilities

“Proposed Rule and requirements

23(8) states a

resident trainee

performing an

embalming be

personally

expected of

resident trainees

and the licensees

that interact with

them.

supervised by a

mortuary science

licensee,

however, the

proposed rule

MCL 24.242 and 24.245

Agency Report to JCAR-Page 8

fails to

acknowledge that

the minimum

embalming

requirement for a

resident trainee

can be fulfilled

by a resident

trainee “assisting

a licensee in the

preparation of

dead human

bodies.” This

proposed rule

should be

amended to

include the act of

assisting in the

preparation of

dead human

bodies under

Rule 25(a).”

The statue

already allows

the practitioner to hours of eligible

obtain all 4 hours continuing

4

Rodney

Replace “…obtain R 339.18928

not less than 4

Wakeman,

Author of PA

265 of 2020

of continuing

education courses

education credit each year

from the eight

preceding the

prescribed topics expiration date of

as outlined if he the license, and

or she wishes.

satisfy both of the

But limiting the following:” with

hours to just these “…comply with

eight topics

closes

section 1806b of

the code, MCL

opportunities for 339.1806b.”

other timely and

important topics Remove (a) and

to be discussed, (b).

which is

contradictory to These changes

the purpose of

adopting

continuing

clarify the

requirements

necessary to

education. Those complete

MCL 24.242 and 24.245

Agency Report to JCAR-Page 9

of us in the

continuing

profession

understand that

changes in the

education The rule

as written could be

misinterpreted to

business happen. limit the CE hours

The language was to the subjects in

purposely open

ended to allow

for new,

section 1806b. By

creating this

change, the

emerging topics department

to be made

maintains the

available. The

requirements and

eight prescribed intent of the rule

topics merely

serve as the

while hoping to

remove the chance

foundation of our of erroneous

continuing

education

interpretation.

instruction.

Therefore, the

department’s

proposed

language wrongly

amends the

statute.

Therefore, I

recommend that

the department

deletes the “all 4

hours” reference

in R339.18928

Rule 28(1)(b) so

it conforms to the

statute.

MCL 24.242 and 24.245

Agency Report to JCAR-Page 10

5

Rodney

“Section 1806b Remove “…or

R 339.18928a

Wakeman,

Author of PA

265 of 2020

(2)(a) reads, “(a) activity related to (1)(a)

Not less than 2 of the topics under

the 4 hours of the section 1806b(2)

courses required (a) of the code,

in each year of a MCL 339.1806b.”

license cycle

shall involve 1 or

more of the

from (a).

The change to (a)

is intended to

following

subjects:…” and clarify the extent

the statute goes of statutory

on to list the eight requirements.

prescribed topics. While the

I purposely wrote department

this section into maintains that the

the law in such a rule as written did

way for clear

understanding

not exceed

statutory authority

that the statute is and was merely

to allow other

relevant

continuing

attempting to list

all the options for

a licensee to

education topics complete

beyond the eight continuing

prescribed topics education, it

listed. If I

intended to

became clear

based on

require that all 4 comments that it

hours are to be

comprised of

was being

misinterpreted as

only these eight doing so.

topics, I would

have included

“all 4 hours” in

the language.”

MCL 24.242 and 24.245

Agency Report to JCAR-Page 11

6

Jared Rozycki,

Michigan

Funeral

Director’s

Association

(MFDA)

“Proposed Rule Amend (b) to read R 339.18928a

28a(1)(b)

“Physically

(1)(b)

provides one

continuing

attending a board

of examiners in

education credit mortuary

hour for licensees science…”.

that attend a

board meeting.

The change to (b)

That subsection is intended to

should be

make certain that

this credit would

only count for

physically

clarified by

stating that a

continuing

education credit attending a

be granted to

licensees that

attend a State

Board of

meeting of the

state Board of

Examiners in

Mortuary Science,

as in theory, it

Examiners in

Mortuary Science could be read to

meeting, not a allow any meeting,

board meeting of virtually or in-

another entity.” person, of any

board.

7

Jared Rozycki,

Michigan

Funeral

Director’s

Association

(MFDA)

“In regard to Part Add the word

4 of the proposed “each” preceding

R 339.18932

rules: Care and

Storage of

Remains, there

the word

“licensee” in (1)

(h)(iii) and (1)(i)

are two separate (iii).

subsections

pertaining to

recordkeeping

that need to be

addressed. The

first being

Replace “licensee”

with “funeral

establishment” in

(2)(c).

proposed Rule 32 These changes are

(1)(h)(iii). It is

common for

intended to

capture the

multiple licensees possibility that

to be in contact multiple licensees

with a decedent may be handling

throughout the

duration of the

and/or embalming

any 1 decedent,

decedent’s care at and to clarify that

the funeral it is the funeral

MCL 24.242 and 24.245

Agency Report to JCAR-Page 12

establishment.

establishment, not

This subsection just any licensee,

should be made that maintains the

plural, thus

release,

ensuring that

disposition, or

every licensee at location of

the funeral

cremated remains

establishment that records.

cared for the

decedent is

included on the

case report.

Secondly,

proposed Rule 32

(2)(c) should be

amended

requiring that a

funeral

establishment,

rather than a

licensee, retain

recordkeeping of

cremated

remains. In

practice, it would

be the funeral

establishment

maintaining a

database for all

records of

cremated remains

stored in the

facility.

Additionally, this

provision implies

a licensee would

remain employed

at the same

funeral home for

the 7 years a

cremated remains

report is required

to be maintained,

which may not be

the case.”

MCL 24.242 and 24.245

Agency Report to JCAR-Page 13

“This should

8

Thomas

Macksoud

Amend the

R 339.18935

(a)

have added to it, proposed rule to

a requirement for read “The body is

the container not encased in a rigid

to be leaking

container for

bodily fluids. A cremation that is

plastic liner

should be

required to

resistant to

leakage or

spillage”.

prevent this. I

have witnessed

This will ensure

several container that the rule more

leaking fluids clearly protects the

brought over to health and safety

crematories and of the public and

this should be

addressed.”

workers from

hazards that arise

out of transporting

a dead human

body, including

the various bodily

fluids that the

public should not

be exposed to.

9

Steve

“1. Identifying a Remove in (1),

R 339.18937

McCowen,

Avink,

decease: This

code seems

unreasonable

when you take

into account, not photograph or

everyone passes other visual

away pleasantly. I image”, “If visual

plan to spare you identification is

the details of the not feasible...”.

many ways

“visually identify

the decedent’s

remains or”, and

“through a

McCowen &

Secord Funeral

Home and

Cremation

Society

someone can

Remove (2).

tragically die. It

seems inhumane By simplifying the

to me that a next language of the

of kin would be rule to state that a

subjust [sic] to

seeing their loved must obtain

one that died positive

tragically in a car identification of a

accident, fire, dead human body,

suicide, and other LARA intends to

licensee simply

MCL 24.242 and 24.245

Agency Report to JCAR-Page 14

means not

assuage concerns

consistent with a voiced in this

peaceful death.

Many times in

these cases, the

person has

comment and

others, that the

language of the

current proposed

rule stressing

already been

identified by the visual and

medical examiner photographic

and released into identification

the funeral

methods would

home's care. So is lead to upsetting

duplicating that families of the

process

deceased.

necessary? Or

Furthermore, the

making a family change keeps

view a body that intact the aspect of

was tragically

killed, even by

the rule that

requires

photo? Why do documentation

that to the that a body has

family? This also been positively

potentially identified prior to

creates additional final disposition.

revenue to the This is important

funeral home in for protecting the

embalming and interests and well-

restoration of a

body, and not

being of

consumers and the

meeting the needs public because it

of the client ensures there is

family that may documentation

be trying to keep that a body in a

costs lower.”

licensee’s care for

final disposition is

in fact the correct

body.

10

Jennifer

Simsack

“I have been a

licensed funeral proposed rule (1) (1), (2), (3),

director in through (4) for the (4)

Remove this

R 339.18942

Michigan for 36 sake of

years. My main eliminating

concerns are the redundancy and

proposed

requirements of already has the

funeral authority to

confusion. LARA

MCL 24.242 and 24.245

Agency Report to JCAR-Page 15

arrangements

enforce against

being completed unlicensed activity

in the funeral

home

in statute. While

this rule was

establishment,

intended to clarify

identification of these parameters

bodies prior to

disposition and

only

for the benefit of

licensees, (and by

association, the

arrangements by public and

licensed funeral consumers), the

directors.

comments

With today’s

technology and

the public’s

received have

demonstrated that

the rule may

embracement of instead lead to

technology since confusion and

COVID, many

times our

customers

misinformation

about what is and

isn’t permitted.

appreciate the

convenience of

making funeral

arrangements via

zoom/email and

signing necessary

paperwork via

DocuSign. We

often need to

complete

arrangements in

this format due to

the next of kin

being out of town

or physically

unable to travel,

as well. Often

times, we help

the grieving by

going to them in

their home or

nursing home for

arrangements.”

“Lastly is the

requirement of

MCL 24.242 and 24.245

Agency Report to JCAR-Page 16

only a licensed

funeral director

making

arrangements. We

employ a

prearrangement

counselor that has

years of

experience. If the

licensed funeral

directors are out

of the building at

a church service,

at a out of town

cemetery or

transporting a

person from their

place of death,

our

prearrangement

counselor assists

with atneed

funeral

arrangements.

Many times,

grieving people

walk in to the

funeral home

without an

appointment and

she can assist if a

licensed funeral

director is not

available.”

MCL 24.242 and 24.245

Agency Report to JCAR-Page 17

“As for the

11

Arthur McNabb

Amend the

R 339.18942

(5)

licensed person in proposed rule to

the building yes read “The

we need this, who statement of

better to over see funeral goods and

[sic] state laws

and make sure

rules and

regulations are

being followed

not just state

regulations but

FTC.”

services selected

must be retained

for not less than 7

years.”

The department

believes that

keeping in the

record retention

requirement for

this document is

an important

aspect of

consumer

protection and

ensuring that

should any

questions occur,

this FTC-required

statement of

funeral goods and

services selected is

retained for a set

amount of time.

14.Date report completed:

9/27/2024

MCL 24.242 and 24.245