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HB 5076

Cemeteries and funerals: other; embalming consent form requirements; provide for. Amends secs. 1805 & 1810 of 1980 PA 299 (MCL 339.1805 & 339.1810).

2025-2026 Regular Session Introduced by Matt Bierlein

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.

bill electronically reproduced 09/26/2025
#cemeteriesandfunerals:funeralpractices #cemeteriesandfunerals:other #stateagencies(existing):licensingandregulatoryaffairs
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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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