The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5252 January 13, 1978 COUNTY MEDICAL EXAMINER: Service by mortician as a deputy county medical examiner A licensed mortician who is a deputy medical examiner may take charge of a body, make inquiry, note the circumstances surrounding death and cause the body to be transported to the morgue even though the deputy medical examiner is an agent or employee of a funeral establishment. Mr. Lawrence P. McKaig Prosecuting Attorney Ionia County Courthouse Ionia, Michigan 48846 You have requested my opinion concerning an apparent conflict between two sections of 1953 PA 181, as last amended by 1972 PA 200; MCLA 52.201 et seq; MSA 5.953(1) et seq, an act relating to county medical examiners. 1969 PA 92 amended the act to add Sec. 1a which provides: '(1) The board of supervisors may appoint as a deputy county medical examiner any person meeting the qualifications as required by the this section and approved by the county medical examiner. '(2) In counties now or hereafter having a population of 50,000 or more, deputy county medical examiners shall be physicians licensed to practice within this state. '(3) In counties now or hereafter having 50,000 population or less, deputy county medical examiners shall only be physicians, dentists, registered nurses or morticians licensed to practice in this state.' (Emphasis added) You indicate concern that a licensed mortician appointed to serve as a deputy medical examiner may be restricted in the performance of his duties by certain provisions of 1953 PA 181, supra, Sec. 5, added by 1972 PA 200, which states: '. . . The medical examiner may designate a law enforcement officer or a representative to go to the place where the body lies and take charge of it, make pertinent inquiry, note the circumstances surrounding the death, and, if deemed necessary, cause the body to be transported to the morgue for examination by the medical examiner. The names of designated representatives shall be filed with the local medical and law enforcement agencies and posted in the office of the county clerk at least 15 days before becoming effective. The law enforcement officer or representative shall not be an agent or employee of any person or funeral establishment licensed under Act No. 268 of the Public Acts of 1949, as amended, receive, directly or indirectly, any remuneration in connection with the disposition of the body or make any funeral or burial arrangements without approval of the next of kin, if they be found, or the person responsible for the funeral expenses. . . ..' (Emphasis added) One possible interpretation, you suggest, is that a deputy medical examiner who is a mortician cannot take charge of a body as a representative since he is also an agent or employee of a funeral establishment. In interpreting a statute, the intent of the legislature should be ascertained and given effect. Smith v City Commission of Grand Rapids, 281 Mich 235; 274 NW 776 (1937). Every part of a statute must be given effect, and the statute should be interpreted to reconcile the different provisions so as to make the whole of it harmonious and consistent. Attorney General ex rel McKay v Detroit and Erin Plank Road Company, 2 Mich 138 (1851). One part of a statute should not be construed so as to render another part of no effect. Sutton v Globe Knitting Works, 276 Mich 200; 267 NW 815 (1936). Therefore, where two sections of the same law are in conflict, they must be reconciled if possible. Paley v Coca Cola Co, 389 Mich 583; 209 NW2d 232 (1973). It will be noted that 1953 PA 181, Sec. 5, supra, refers to a 'law enforcement officer or a representative' and to 'the county medical examiner or his deputy'. The use of separate titles in the same section indicates that the legislature intended to refer to two distinct positions. Therefore, the reference to a 'law enforcement officer or a representative' cannot be interpreted to include a deputy medical examiner. The restriction with regard to an agent or employee of a funeral establishment does not apply to a licensed mortician who serves as a deputy county medical examiner. It is therefore my opinion that a licensed mortician who is a deputy medical examiner may take charge of a body, make inquiry, note the circumstances surrounding death, and cause the body to be transported to the morgue even though the deputy medical examiner is an agent or employee of a funeral establishment. Frank J. Kelley Attorney General