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HB 5076

AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2026

2025 Regular Session Introduced by Marvin Abney

Requires prior written consent from the decedent's next of kin for embalming, on a form stating donation programs won't delay funerals; penalties apply to licensees.

06/29/2025 Effective without Governor's signature
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Bill Summary · HB 5076

Summary — HB 5076 (2025)

Amends sections 1805 and 1810 of the Occupational Code (1980 PA 299), MCL 339.1805 and 339.1810 — introduced by Rep. Matthew Bierlein (House Introduced Bill No. 5076; electronically reproduced 09/26/2025).

Main purpose

Require prior written, informed consent for embalming by mortuary science licensees on a form that (1) documents the next of kin’s or legally authorized person’s signature authorizing embalming and (2) includes a statement that participation in a body/organ/tissue donation program will not prevent funeral proceedings, viewings, or memorial services. The bill also cross-references this requirement in the statute that lists prohibited acts subject to licensing penalties.

Key provisions

  • Amends MCL 339.1805:
    • Confirms that a person licensed in mortuary science may embalm, disinfect, preserve, direct burial/disposal, maintain a funeral establishment, and engage in funeral directing.
    • Establishes that embalming may not be performed unless prior written consent is obtained from the decedent’s next of kin or other legally authorized person on a form that:
    • Contains a statement by the licensee that participation in a “donation program” will not prevent funeral proceedings, viewings, or memorial services; and
    • Is signed by the next of kin or legally authorized person consenting to embalming.
    • Defines “donation program” as programs (e.g., medical schools, hospitals, other authorized entities) that receive anatomical gifts, whole bodies, organs, or tissues for education, research, or transplantation.
  • Amends MCL 339.1810:
    • Incorporates the new authorization requirement into the list of acts that, if violated, subject a person to penalties under Article 6 (enforcement/disciplinary penalties).
    • Retains existing exception permitting embalming without prior authorization if reasonable efforts to obtain authorization failed and more than 48 hours have elapsed since death (per cross-reference to estates code sections).

Who is affected

  • Funeral directors, embalmers, mortuary establishments (must obtain and retain the specified written consent).
  • Families/next of kin and legally authorized persons (required to sign to authorize embalming).
  • Medical schools, hospitals, organ/tissue donation programs (explicitly referenced in the definition of “donation program”).
  • Michigan Department of Licensing and Regulatory Affairs (LARA) — oversight and enforcement.

Enforcement / penalties

Violations are subject to disciplinary action and penalties under Article 6 of the Occupational Code; the bill ties failure to obtain the required written consent for embalming to those enforcement provisions.

Legislative status and timeline

  • Introduced: March 13, 2025 (filed); first read and various committee actions in April–May 2025.
  • Committee substitute reported favorably May 1, 2025; committee report to Calendars May 10, 2025.
  • Re-introduced / electronically reproduced: September 26, 2025; referred to Committee on Government Operations.
  • Companion bill: SB 2509.

Practical implications

Funeral establishments will need to implement or update an embalming consent form that includes the required donation-program statement and signature. The change clarifies family authorization requirements and expressly protects families’ ability to hold viewings or memorials even when donation programs are involved.

Compiled from official sources — confirm details with the bill’s official record.

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