DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES

                         DIRECTORS OFFICE

                         MORTUARY SCIENCE

(By authority conferred on the department of consumer and industry   services 
by sections 308 and 1806(3) of 1980 PA 299, MCL 339.308 and 339.1806(3),  and 
Executive Reorganization Order No. 1996-2, MCL 445.2001)


                         PART 1. GENERAL PROVISIONS


R 339.18901    Definitions.
  Rule 1. (1) As used in these rules:
  (a) "Act" means  1980  PA  299,  MCL  339.101  et  seq.,  and  known   as   
the occupational code.
  (b) "Board" means the board of examiners in mortuary science.
  (c) "Change in ownership" means a change in the  form  of  ownership  or  a 
change of owners, partners, officers, or directors.
  (d) "Department" means the department of consumer and industry services.  
  (e) "Establishment working hours" means 8 a.m. to 10 p.m.
  (f) "Full-time" means not less than 40 hours per week.
  (g) "Manager" means a mortuary science licensee who is  responsible   for   
the day-to-day administration of a funeral establishment.
  (h) "Reporting period" means work which  is  performed  by   a   resident   
trainee between January 1 and June 30 and which is reported to the department 
by July 15 or work which is performed by  a  resident  trainee  between  July 
 1  and December 31 and which is reported to the department  by  January  15  
of  the following year.
  (i) "Sponsor" means a mortuary  science   licensee   who   has   held   a   
mortuary science license for
 not less than 5 years, who has agreed to supervise and instruct  a  resident 
trainee  as  required  by        R  339.18925,  and  who  has  not  had   any 
disciplinary action taken against him or her within the last 5 years.
  (2) The terms defined in articles 1 and 18  of  the  act  have  the  same   
meanings when used in these rules.

  History:  1991 AACS; 2001 AACS.


R 339.18905    Board meetings.
  Rule 5. (1) All board meetings are held in accordance with 1976 PA   267,   
MCL 15.261 et seq., known as the open meetings  act,  and  are  open  to  the 
public.

  History:  1991 AACS; 2001 AACS.


R 339.18919    Rescission.
  Rule  19.  R 338.863  to  R 338.869  and  R 338.881   of    the    Michigan 
Administrative Code, appearing on pages 2453 to 2459 of  the  1979   Michigan 
Administrative Code, are rescinded.

  History:  1991 AACS.


                             PART 2. LICENSING


R 339.18921    Licensure education requirements.
  Rule 21. (1) As required by  section  1806  of  the  act,  for  education   
completed after January 1, 1 2002, the  3-year  course  in  mortuary  science 
shall  consist  of  both  of  the following:
  (a) Completion, with not less than a  2.00  average,  of  not  less  than   
60 semester or 90 quarter hours of non-remedial  college  level  courses  at  
an accredited college or university, which shall include all of the following:
Subject Minimum Hours
  (i) Public speaking/communications.......... 3 semester or 3 quarter hours.
  (ii) Psychology/death and dying/gerontology. 6 semester or 8 quarter hours.
  (iii) Comparative religion or ethnic/multi-cultural 
studies....................................... 3 semester or 4 quarter hours.
  (b) Completion, with not less than a 2.00 average, of 1  academic  year  of 
instruction in an accredited mortuary science program or a program deemed  by 
the department to be equivalent to  an  accredited  program.  The  department 
adopts by reference the accreditation standards  contained  in  the  American 
Board of Funeral Service Education manual on accreditation, revised  October, 
2000, for mortuary science  instruction  completed  after  January  1,  2002.
Copies of the manual are available from the American Board of Funeral Service 
Education, 38 Florida Avenue, Portland Maine 04103, or from the Department of 
Consumer and Industry Services, P.O. Box 30018, Lansing, Michigan 48909-7518, 
at a cost as of the time of the  adoption  of  these  rules  of  $50.00.  The 
department shall distribute, without cost, a list of the programs  accredited 
in accordance with the manual.
  (2) The department  may  waive   not   more   than   6   months   of   an   
applicant's resident training upon the receipt of proof that  an  applicant   
possesses  a baccalaureate degree from an accredited college  or  university. 
 A  resident trainee who has received a waiver under  this  subrule  is  not  
exempt  from fulfilling the requirements of R 339.18923, R 339.18925,  and  R 
339.18927.
  (3) For education completed before January 1,  2002,  the  3-year  course   
in mortuary science education shall consist of both of the following:
  (a) Completion, with not less than a  2.00  average,  of  not  less  than   
60 semester or 90 quarter hours of  nonremedial  college  level  courses  at  
an accredited college  or  university,  which  shall  include  the  following 
subjects:
Subject                                    Credit Hours
  (i) Public speaking/communications.......3 semester or 3 quarter hours.
  (ii) Accounting......................... 6 semester or 8 quarter hours.
  (iii) Psychology/gerontology/death 
        and dying......................... 6 semester or 8 quarter hours.
  (iv) Chemistry lecture and lab.......... 8 semester or 10 quarter hours.
  (v) Biological science 
      (biology/zoology/anatomy)........... 6 semester or 8 quarter hours.
  (vi) English composition/business 
       writing............................ 6 semester or 8 quarter hours.
  (vii) Computer science.................. 3 semester or 4 quarter hours.
  (b) Completion, with not less than a 2.00 average,  of  1  academic  year   
of instruction in an accredited mortuary science program or a program deemed  
by the department to  be  equivalent  to  an   accredited   program.    The   
department adopts by reference the accreditation standards   contained   in   
the  American Board of Funeral  Service  Education  manual  on  accreditation 
revised September, 1990 for mortuary science instruction  completed   after   
January  1,  1993.
Copies of the manual are available from the American Board of Funeral Service 
Education, 38 Florida Avenue, Portland Maine 04103, or from the Department of 
Consumer  and  Industry  Services,  P.  O.  Box  30018,   Lansing    Michigan 
48909-7518, at a cost as of the time  of  the  adoption  of  these  rules  of 
$50.00.
  (4) An applicant who possesses a  baccalaureate  or  higher  degree  from   
an  accredited  college  or  university  is  deemed  to  have  satisfied  the 
requirements of subrule (1)(a) and (3)(a) of this rule.

  History:  1991 AACS; 2001 AACS.


R 339.18923    Resident   training;  resident training time credit; notice of 
change  of  sponsor  or  location;  supervision;  license  renewal;   sponsor 
limitation; attending  college or university during training.
  Rule 23.   (1) To receive credit for resident training  time,   a  resident 
trainee shall be employed on a full-time basis during  establishment  working 
hoursand shall be under the supervision of his or her sponsor.
  (2) A resident trainee shall notify the department,  in   writing,   of   a 
change of sponsor before beginning  training  under  the   new   sponsor.   A 
resident trainee shall  also  notify  the  department  of   any   change   in 
training location.
  (3) A resident trainee who has completed 1 year   of   resident   training, 
but who continues to perform duties requiring a license,  shall  continue  to 
work under the supervision  of  a  mortuary  science   licensee   and   shall 
maintain an active resident trainee license.
  (4) A resident trainee license shall not be renewed more than  2  times.
  (5) Except as authorized by the department, a  mortuary  science   licensee 
shall sponsor only 1 resident trainee at a time.
  (6) A resident trainee may attend a college or  university  while   serving 
his or her resident training, if both of the following conditions are met:
  (a) The college or university is within reasonable  commuting   time   from 
the trainee's home or training establishment.
  (b) The sponsor notifies the department, in writing,  that   the   resident 
trainee is attending a college or university and that  the  course   schedule 
will not interfere with the resident training program  established   by   the 
sponsor.

  History:  1991 AACS; 1998-2000 AACS.


R 339.18925    Minimum practical experience requirements.
  Rule 25. A resident trainee shall perform, under the supervision of  his or 
her sponsor, all of  the   following   minimum   services   during   resident 
training:
  (a) Not less than 25 embalmings.
  (b) All of the following services not less than 20 times each:
  (i) Removing remains from the place of death.
  (ii) Securing information for a death certificate and newspapers.
  (iii) Completing and filing a death certificate and  obtaining  the  burial 
transit permit.
  (iv) Contacting newspapers for placement of a death notice.
  (v) Arranging for clergy.
  (vi) Checking in and placing flowers.
  (vii) Receiving visitors.
  (viii) Assisting in selling funeral merchandise.
  (ix) Assisting in making funeral arrangements.
  (x) Arranging cemetery details.
  (xi) Assisting at the funeral.
  (xii) Applying cosmetics to, and  arranging  the  hair   of,   a   deceased 
person.
  (c) All of the following services not less than 3 times each:
  (i) Arranging for or providing music.
  (ii) Completing and filing social security forms.
  (iii) Completing and filing veterans' forms.
  (iv) Performing restorative work.
  (v) Arranging the receiving or transferring of human  remains   by   common 
carrier.
  (vi) Contacting the deceased's  lodge,  club,  or   place   of   employment 
concerning the death.

  History:  1991 AACS.


R 339.18927    Resident training reports.
  Rule 27. (1) To receive credit  for  resident  training,  each   resident   
trainee shall file with the department an embalming  report  which  verifies  
that  a minimum of 5 embalmings were performed by the  trainee  during  the   
previous 6-month reporting period.
  (2) The department may reject an  embalming  report  that  is  filed  by  a 
resident trainee if the report is inaccurate, incomplete, or is filed  after  
the  due dates of January 15 and July 15. The rejection of   an   embalming   
report  may also result in the loss of training   time   for   the   period   
covered  by  the rejected reports.  Failure to notify  the  department  of  a 
change in sponsor as required by  R 339.18923 may result in  the  loss   of   
training  time  and  the rejection of  embalmings  performed  under  the  new 
sponsor.

  History:  1991 AACS; 2001 AACS.


R 339.18929    Examination.
  Rule 29. (1) The examination shall be given in 2 parts as follows:
  (a) A national written  examination  on  subjects  relating  to  mortuary   
science, including questions in all of the following areas:
  (i) Embalming.
  (ii) Anatomy.
  (iii) Chemistry.
  (iv) Pathology.
  (v) Bacteriology.
  (vi) Restorative art.
  (vii) Mortuary administration.
  (viii) Funeral service.
  (ix) Federal laws and regulations.
  (b) A written examination on Michigan laws and rules.
  (2)  An  applicant  shall  complete  all   educational   and    training    
requirements before taking the examination on Michigan laws and rules.
  (3) The examination shall be administered not less than once  a  year  at   
such times and places as the department designates.
  (4) An applicant shall not be licensed  unless  he  or  she  has  achieved  
a minimum passing score of 75 on each part of the examination.
  (5) An applicant for a   reciprocal   license   who   has   completed   a   
national examination equivalent to the examination required in subrule (1)(a) 
of  this rule shall only be required to complete the written examination  on  
the  law and rules of Michigan.

  History:  1991 AACS; 2001 AACS.


                      PART 3. STANDARDS OF OPERATIONS


R 339.18930    Relicensure.
  Rule 30.  (1) A person who has a lapsed or  expired   license   and   who   
seeks relicensure at a time that is more than 3 years from  the   date   of   
lapse  or expiration  shall  meet  current  educational  requirements   for   
relicensure  and pass the current written examination on the law and rules of 
Michigan.
  (2) A person who is seeking relicensure  and  who  has  previously  passed  
a national  examination  equivalent  to  the  examination   required    in    
Rule 339.18929(1)(a) does not have to repeat the national examination.

  History: 2001 AACS.


R 339.18931    Establishment requirements.
  Rule 31. (1) An application for an establishment license  shall  include  a 
copy of the articles of incorporation or a certificate of assumed name.
  (2) Each licensed establishment shall have a room which  is  suitable   for 
conducting funerals and which meets the  requirements   of   the   applicable 
local building code for holding 50  or  more  persons,  an   area   for   the 
display of a casket and flowers, and a lectern area.
  (3) Each licensed  establishment  shall  have  an   embalming   room.   The 
embalming room shall not have a direct connection to  any   living   quarters 
located on the same floor or to the chapel or any other  area  accessible  by 
the public. For the purposes of this rule, a  direct   connection   has   not 
been made if an area that is not less than 9 square feet in  floor  area  has 
been provided between the entrance to the embalming room and the  entrance to 
an area accessible by the public.
  (4) The embalming room shall be kept in a clean and  sanitary  condition at 
all times. Instruments shall be cleaned and sterilized after each  use.
  (5) An embalming room shall have all of the following:
  (a) A linoleum or tile floor.
  (b) Walls and ceilings made of or covered  by   washable   and   waterproof 
material.
  (c) Hot and cold running water.
  (d) A plumbing system as  required  by  the  provisions   of   R  325.11401 
through R 325.11407.
  (e) A fan that is capable of moving 250 cubic feet of air per minute.
  (6) An embalming room shall be equipped with a   porcelain   or   stainless 
steel embalming table, the instruments necessary to embalm a  body,   and   a 
means of sterilizing equipment, such as an autoclave, a gas sterilizer, or an 
instrument solution sterilizer that  is  large  enough   to   accommodate   a 
normal, adult-sized trocar.
  (7) An embalming room shall not be used as a storage area.

  History:  1991 AACS.


R 339.18933    Establishment inspections.
  Rule 33. (1) A representative of the department shall   be   permitted   to 
inspect a funeral establishment to ascertain that the  establishment  is   in 
compliance with the law and these rules.
  (2) A funeral establishment  shall  be   inspected   during   establishment 
working hours as follows:
  (a) On a routine basis.
  (b) Any time the establishment undergoes structural changes.
  (c) When there is a change in ownership.
  (d) When an establishment is first opened.
  (3) A funeral establishment may  be  inspected  at  any   time   when   the 
inspection is part of the investigation of a complaint.

  History:  1991 AACS.


R 339.18937    Licensed manager required.
  Rule 37. (1)  Each  funeral  establishment  shall  have   in   its   direct 
employment  a  mortuary  science  licensee  who  is   designated    as    the 
establishment's manager.
  (2) A manager shall be employed  on  a  full-time  basis   and   shall   be 
available at all times for funeral-related purposes.
  (3) A manager shall reside within 1 hour's normal   commuting   time   from 
the funeral establishment.
  (4) A mortuary science licensee shall not manage  more   than   1   funeral 
establishment.

  History:  1991 AACS.


                       PART 4. STANDARDS OF CONDUCT


R 339.18941    Advertising.
  Rule 41. (1) A mortuary science licensee or  funeral  establishment   shall 
not use false, misleading, or deceptive advertising. As used  in  this  rule, 
"false,  misleading,  or  deceptive  advertising"  includes   any   of    the 
following:
  (a) Using the names of persons who are not licensed  to  practice  mortuary 
science in a way that leads the public to believe that  such   persons   will 
provide mortuary science services.
  (b) Using  any  name  other  than  the  name  under   which   the   funeral 
establishment is licensed.
  (c) Using a surname not directly, actively, or presently associated with  a 
funeral establishment, unless  such   surname   had   been   previously   and 
continuously used by the licensed establishment.
  (d) Using a founding or establishing date or total years  of  service   not 
directly and continuously related  to  a  name  under   which   the   funeral 
establishment is licensed.
  (2) A mortuary science licensee or funeral establishment  shall   not,   by 
false or misleading representation of fact, disparage  prices,  services,  or 
facilities offered to a purchaser or the choices  of   goods   and   services 
offered to, or made by, a purchaser.
  (3) The name, address, and telephone number of  the  funeral  establishment 
and the name of the funeral establishment's manager,  clearly  identified  as 
"manager," shall appear in all advertising and printed  matter   related   to 
the funeral establishment.  If  the  size  of  a  novelty   item   makes   it 
impossible to print the information required by this subrule,  at  least  the 
name and address of the establishment shall be  shown.  As   used   in   this 
subrule, the term "advertising"  does  not  include   an   identifying   sign 
directing the public to the establishment.
  (4) Any advertising or printed matter that contains the  names  of  persons 
other than the manager shall state the position held by  such   persons   and 
shall identify each person who  is  licensed  under   the   act.   Unlicensed 
owners shall be identified as not  being  licensed  in   Michigan   for   the 
practice of mortuary science.
  (5) A funeral establishment shall not do business in a  location  which  is 
not licensed as a funeral establishment and shall not advertise a  service as 
available from an unlicensed location.

  History:  1991 AACS.


R 339.18943    Posting of licenses.
  Rule 43. The current funeral  establishment  license   and   the   mortuary 
science or resident trainee license of  each   individual   affiliated   with 
that  establishment  shall  be  conspicuously  displayed   in   the   funeral 
establishment in a place accessible to the public.

  History:  1991 AACS.


R 339.18945    Change of address.
  Rule 45. A licensee shall report a change of address  to   the   department 
within 30 days of the change.

  History:  1991 AACS.


R 339.18947    Price information.
  Rule 47. (1) A funeral service establishment that has  a  casket  selection 
room shall have a card or brochure available on request   for   each   casket 
which sets forth the price of the service using that casket  and  lists   the 
services and other merchandise included in the price, if  any.  Where   there 
are separate prices for the casket, services, the use   of   facilities,   or 
equipment, the card shall indicate the price of the casket  and   the   items 
that are separately priced.
  (2) If a funeral service establishment does not have  a  casket   selection 
room, but uses the facilities of a manufacturer, jobber,   or   other   place 
where caskets are displayed for  selection  while  in  the   company   of   a 
licensee to be used in connection with a  service  that   the   licensee   is 
going to conduct, the licensee  shall  comply  with   the   requirements   of 
subrule (1) of this rule.
  (3) At the time funeral arrangements are made and  before   the   time   of 
rendering the service or providing the merchandise, a  licensee  shall   have 
available, to give to the person who makes  the   arrangements,   a   written 
statement which is duly signed by a licensee of  the  funeral   establishment 
and which lists all of the following:
  (a) The price of the service that  the  family  has   selected   and   what 
services are included therein.
  (b) The amount of money involved for each of the  items   for   which   the 
licensee will advance money as an accommodation to the  family,  insofar   as 
any of the items can be specified at that time.
  (c) The agreed upon method of payment.
  (d) If requested, the price of each of the supplemental items of service or 
merchandise requested.

  History:  1991 AACS.