Michigan Office of Administrative Hearings and Rules

Administrative Rules Division (ARD)

MOAHR-Rules@michigan.gov

AGENCY REPORT TO THE

JOINT COMMITTEE ON ADMINISTRATIVE RULES (JCAR)

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

Email of person completing this form:

PageM6@michigan.gov

Name of Department Regulatory Affairs Officer reviewing this form:

Elizabeth Arasim

RULE SET INFORMATION:

MOAHR assigned rule set number:

2023-17 LR

Title of the proposed rule set:

Mortuary Science

1. Purpose of 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.

2. Summary of the 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.

3. 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.

4. Date of publication of the proposed rules and notice of public hearing in the Michigan Register:

7/1/2024

5. Date, time, and location of the public hearing:

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

MCL 24.242 and 24.245

Agency Report to JCAR -Page 2

6. 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

7. 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.

8. Persons submitting comments of support:

Arthur McNabb, Adams-Redmond Funeral Home.

9. 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.

10. 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.

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

comment period:

Name &

Comments Made at Written Comments

Agency Rationale for Rule Rule Number &

Organization Public Hearing

Change & Description of

Change(s) Made

Citation

Changed

1

Jared Rozycki,

Michigan

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

and (g), which define

an instructional course or

R 339.18901(g) ꢀ

Funeral

“Continuing Education” activity that meets the

R 339.18901(l)

Director’s

Association

(MFDA)

and “Course,” exceed requirements under 1806b of

statutory authority by

the code, MCL 339.1806b. ꢀ

limiting both definitions ꢀAmend (g) to read

to continuing education “means any qualifying activity

and courses covering or approved program with a

the topics listed in

section 1806b(2)(a) of that maintains, improves, or

the Code. The Code expands the skills and

clear purpose and objective

clearly states, however, knowledge of the practice of

that only two of the four mortuary science under

hours of continuing

education required

section 1806b of the code,

MCL 339.1806b. Regular

MCL 24.242 and 24.245

Agency Report to JCAR -Page 3

each year must cover duties for compensation are

subjects under

not considered activities,

1806b(2)(a). As such, except for employer

these regulatory

definitions would

compensated continuing

education activities.” ꢀ ꢀ

amend the statute by Remove (l). ꢀ ꢀThe

requiring that all

continuing education

and courses, not just

department maintains that

the rule as written was within

the bounds of statutory

the minimum 2 hours authority and did not exceed

per year, cover the

listed subjects under

section 1806b(2)(a).

it. However, as demonstrated

by these public comments,

there may have been

For this reason, MFDA misunderstandings about the

strongly urges the extent to which this rule was

department to broaden establishing new

the definitions by

deleting reference to

requirements. Therefore,

these changes will enhance

1806b(2)(a).” ꢀ ꢀ the clarity of the rules and

“Proposed Rule 1(1)(L) ensure that licensees do not

adds a definition for the get confused about the

term “Supervision,”

statutory authority that the

which poses a number rule derives from.

of problems. First, it

includes arranging for

mortuary science

services within the

“practice of funeral

directing.” The Code

defines “practice of

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 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 21

begins: “An applicant of the code. In addition to the

for a mortuary science requirements of the code, an

Remove “…the requirements R 339.18921

MCL 24.242 and 24.245

Agency Report to JCAR -Page 4

Director’s

Association

(MFDA)

license shall satisfy the applicant shall satisfy…” ;

ꢀ

requirements of the

ꢀAmend (a) to read

Code. In addition to the “Completion of not less than

requirements of the

Code, an applicant

shall satisfy all of the

following:”. MFDA

notes that

90 semester or the equivalent

quarter hours with not less

than a 2.00 grade point

average of nonremedial

college level courses at an

accredited college or

administrative rules

may not add licensing university, including

requirements to the graduation from an

statute. Consequently, accredited mortuary science

MFDA advocates that program.” ꢀ ꢀRemove

Rule 21 simply begin

with “An applicant for a on (b) voiced concerns that

mortuary science the proposed rule could lead

(b). ꢀ ꢀThese comments

license shall satisfy all to misinterpretations about

of the following:”. ꢀ additional requirements that

Furthermore, the last

sentences of Rules

21(a) and (b) are

do not exist in statute.

The changes to (b) intend to

clarify the educational

ꢀ

designed to ensure the requirements derived from

60 hours of general statute and avoid any

education and the 30 perceived confusion.

hours of mortuary

science education are

separate. But in

practice these

sentences taken

together could result in

requiring a total of four

years of post-

secondary education –

not 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

semester (or its

equivalent quarter)

hours, with not less

MCL 24.242 and 24.245

Agency Report to JCAR -Page 5

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

“Proposed Rule 23(1) Add “except as provided in

R 339.18923(1) ꢀ

R 339.18923(8) ꢀ

and (2) conflict with

one another as

(2),” to (1). ꢀ ꢀAdd

“…embalming or assisting in

Director’s

Association

(MFDA)

currently drafted. The the preparation of dead

third sentence of Rule human bodies under Rule

23(1) states that a

25(a)…” to (8). ꢀ ꢀThe

resident trainee license changes are intended to

may not be renewed

more than once, and

better clarify the boundary of

responsibilities and

(2) provides a process requirements expected of

for an exception to that resident trainees and the

restriction.”

& ꢀlicensees that interact with

“Proposed Rule 23(8) them.

states a resident

trainee performing an

embalming be

personally supervised

by a mortuary science

licensee, however, the

proposed rule 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).”

4

Rodney

The statue already

Replace “…obtain not less

R 339.18928

Wakeman,

Author of PA

265 of 2020

allows the practitioner than 4 hours of eligible

to obtain all 4 hours of continuing education courses

continuing education

credit from the eight

prescribed topics as

outlined if he or she

each year preceding the

expiration date of the license,

and satisfy both of the

following:” with “…comply

wishes. But limiting the with section 1806b of the

hours to just these

eight topics closes

code, MCL 339.1806b.” ꢀ ꢀ

Remove (a) and (b). ꢀ ꢀ

opportunities for other These changes clarify the

timely and important requirements necessary to

MCL 24.242 and 24.245

Agency Report to JCAR -Page 6

topics to be discussed, complete continuing

which is contradictory education The rule as written

to the purpose of

adopting continuing

could be misinterpreted to

limit the CE hours to the

education. Those of us subjects in section 1806b. By

in the profession

understand that

changes in the

creating this change, the

department maintains the

requirements and intent of

business happen. The the rule while hoping to

language was remove the chance of

purposely open ended erroneous interpretation.

to allow for new,

emerging topics to be

made available. The

eight prescribed topics

merely serve as the

foundation of our

continuing education

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.

5

Rodney

“Section 1806b(2)(a)

reads, “(a) Not less

than 2 of the 4 hours of 1806b(2)(a) of the code, MCL

the courses required in 339.1806b.” from (a). ꢀ ꢀ

each year of a license The change to (a) is intended

cycle shall involve 1 or to clarify the extent of

Remove “…or activity related R

to the topics under section 339.18928a(1)(a)

Wakeman,

Author of PA

265 of 2020

more of the following

subjects:…” and the

statutory requirements. While

the department maintains

statute goes on to list that the rule as written did not

the eight prescribed

topics. I purposely

exceed statutory authority

and was merely attempting to

wrote this section into list all the options for a

the law in such a way licensee to complete

for clear understanding continuing education, it

that the statute is to

allow other relevant

continuing education

topics beyond the eight

prescribed topics listed.

If I intended to require

that all 4 hours are to

be comprised of only

these eight topics, I

would have included

“all 4 hours” in the

language.”

became clear based on

comments that it was being

misinterpreted as doing so. ꢀ

6

Jared Rozycki,

Michigan

“Proposed Rule

28a(1)(b) provides one attending a board of

Amend (b) to read “Physically R

339.18928a(1)(b)

MCL 24.242 and 24.245

Agency Report to JCAR -Page 7

Funeral

continuing education

credit hour for

licensees that attend a change to (b) is intended to

board meeting. That make certain that this credit

examiners in mortuary

science…”. ꢀ ꢀThe

Director’s

Association

(MFDA)

subsection should be would only count for

clarified by stating that physically attending a

a continuing education meeting of the state Board of

credit be granted to

licensees that attend a Science, as in theory, it could

State Board of be read to allow any meeting,

Examiners in Mortuary

Examiners in Mortuary virtually or in-person, of any

Science meeting, not a board.

board meeting of

another entity.”

7

Jared Rozycki,

Michigan

Funeral

“In regard to Part 4 of Add the word “each”

R 339.18932

the proposed rules:

Care and Storage of

preceding the word “licensee”

in (1)(h)(iii) and (1)(i)(iii). ꢀ

Director’s

Association

(MFDA)

Remains, there are two ꢀReplace “licensee” with

separate subsections “funeral establishment” in

pertaining to

(2)(c). ꢀ ꢀThese changes

recordkeeping that

are intended to capture the

need to be addressed. possibility that multiple

The first being

proposed Rule

licensees may be handling

and/or embalming any 1

32(1)(h)(iii). It is

common for multiple

licensees to be in

decedent, and to clarify that it

is the funeral establishment,

not just any licensee, that

contact with a decedent maintains the release,

throughout the duration disposition, or location of

of the decedent’s care cremated remains records.

at the funeral

establishment. This

subsection should be

made plural, thus

ensuring that every

licensee at the funeral

establishment that

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

MCL 24.242 and 24.245

Agency Report to JCAR -Page 8

years a cremated

remains report is

required to be

maintained, which may

not be the case.”

8

Thomas

Macksoud

“This should have

added to it, a

requirement for the

container not to be

Amend the proposed rule to R 339.18935(a)

read “The body is encased in

a rigid container for

cremation that is resistant to

leaking bodily fluids. A leakage or spillage”. ꢀ ꢀ

plastic liner should be This will ensure that the rule

required to prevent this. more clearly protects the

I have witnessed

several container

health and safety of the

public and workers from

leaking fluids brought hazards that arise out of

over to crematories and transporting a dead human

this should be

addressed.”

body, including the various

bodily fluids that the public

should not be exposed to.

Remove in (1), “visually

identify the decedent’s

9

Steve

“1. Identifying a

R 339.18937

McCowen,

Avink,

decease: This code

seems unreasonable

when you take into

remains or”, and “through a

photograph or other visual

McCowen &

Secord Funeral

Home and

Cremation

Society

account, not everyone image”, “If visual identification

passes away

pleasantly. I plan to

is not feasible...”. ꢀ ꢀ

Remove (2). ꢀ ꢀBy

spare you the details of simplifying the language of

the many ways the rule to state that a

someone can tragically licensee simply must obtain

die. It seems inhumane positive identification of a

to me that a next of kin dead human body, LARA

would be subjust [sic] intends to assuage concerns

to seeing their loved

voiced in this comment and

one that died tragically others, that the language of

in a car accident, fire, the current proposed rule

suicide, and other

stressing visual and

means not consistent photographic identification

with a peaceful death. methods would lead to

Many times in these

upsetting families of the

cases, the person has deceased. Furthermore, the

already been identified change keeps intact the

by the medical

aspect of the rule that

examiner and released requires documentation that

into the funeral home's a body has been positively

care. So is duplicating identified prior to final

that process

disposition. This is important

necessary? Or making for protecting the interests

a family view a body

that was tragically

and well-being of consumers

and the public because it

killed, even by photo? ensures there is

Why do that to the

family? This also

potentially creates

additional revenue to

the funeral home in

embalming and

documentation that a body in

a licensee’s care for final

disposition is in fact the

correct body.

restoration of a body,

and not meeting the

MCL 24.242 and 24.245

Agency Report to JCAR -Page 9

needs of the client

family that may be

trying to keep costs

lower.”

10

Jennifer

Simsack

“I have been a licensed Remove this proposed rule

R 339.18942(1),

funeral director in

(1) through (4) for the sake of (2), (3), (4)

Michigan for 36 years. eliminating redundancy and

My main concerns are confusion. LARA already has

the proposed

the authority to enforce

requirements of funeral against unlicensed activity in

arrangements being

completed in the

funeral home

statute. While this rule was

intended to clarify these

parameters for the benefit of

licensees, (and by

establishment,

identification of bodies association, the public and

prior to disposition and consumers), the comments

only arrangements by received have demonstrated

licensed funeral

directors. ꢀWith

that the rule may instead lead

to confusion and

today’s technology and misinformation about what is

the public’s

and isn’t permitted.

embracement of

technology since

COVID, many times

our customers

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 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

MCL 24.242 and 24.245

Agency Report to JCAR -Page 10

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.”

11

Arthur McNabb

“As for the licensed

Amend the proposed rule to R 339.18942(5)

person in the building read “The statement of

yes we need this, who funeral goods and services

better to over see [sic] selected must be retained for

state laws and make

sure rules and

not less than 7 years.” ꢀ ꢀ

The department believes that

regulations are being keeping in the record

followed not just state retention requirement for this

regulations but FTC.” 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.

12. Date report completed:

5/7/2026

MCL 24.242 and 24.245