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. 5461 March 9, 1979 FUNERAL DIRECTORS AND EMBALMERS: Display of dead human body at a cemetery FUNERAL DIRECTORS AND EMBALMERS: Use of fiberglass casket with vault CEMETERIES: Display of dead human body at a cemetery WORDS AND PHRASES: 'Casket'; 'coffin' A person operating a cemetery may not permit a casket containing a dead human body to be opened within the cemetery grounds without permission of the next of kin except in cases of cremation. A person operating a cemetery may not enter into a contractual arrangement with a licensed funeral director to obtain permits, embalm bodies and transport bodies to a cemetery chapel for viewing. An article of funeral merchandise which gives the appearance of a casket, but does not come in contact with the dead human body nor is used as the receptacle for the body, is not a casket and may therefore be reused despite the provision of Michigan law which probibits using any casket or part of a casket which had previously been used in connection with the burial of a dead human body. William F. McLaughlin Director Department of Commerce P.O. Box 30004 Law Building Lansing, Michigan 48909 You have asked my opinion on three questions regarding cemeteries and funeral arrangements. You first ask: May the body of a deceased person be displayed in a chapel building or similar structure located within the confines of a cemetery? 1949 PA 268, Sec. 13, as amended, MCLA 338.873; MSA 14.509(13), provides: '(1) A person, firm, association, municipal corporation, body politic, or corporation which owns or conducts either directly or indirectly, any cemetery or burial ground in this state shall not own, manage, supervise, operate, or maintain, either directly or indirectly, a mortuary or funeral establishment, or permit its officers, agents, or employees to own or maintain a funeral or undertaking establishment. This subsection shall not apply to an elected official of a city, village, township, or county who serves as a ex officio member of a local cemetery board as a result of holding such office. '(2) A person, firm, association, municipal corporation, body politic, or corporation which owns or conducts a cemetery in this state shall not allow a funeral establishment to be owned or conducted on property owned or leased by the cemetery and used for cemetery purposes or designated as a cemetery. '(3) This section shall not prohibit the owner of a private burial ground used for the interment of his family or descendants, to own or maintain a mortuary or undertaking establishment under this act.' [Emphasis added] Thus, the legislature has determined that an organization which owns or conducts a cemetery, hereafter referred to as a 'cemetery association', may not also own a mortuary or funeral establishment, nor may it allow a 'funeral establishment' to be conducted on its property used for cemetery purposes. In 1949 PA 268, supra, Sec. 5, 'funeral establishment' is defined as: '. . . a place of business used in the care and preparation for burial or transportation of dead human bodies, or any place where any person or persons shall hold forth that he, she or they, are engaged in the profession of undertaking, funeral directing, or the practice of mortuary science.' The mere display of a body in a chapel building or similar structure does not constitute 'care and preparation for burial or transportation' of a body. Indeed, Cemetery Commission Rule 1954 AC, R 456.143 provides that: '(1) A cemetery at all times shall handle caskets with dignity, respect and utmost care. '(2) If committal services are conducted in a cemetery at a place other than the place of final interment or entombment or the remains are to be held in temporary storage in the cemetery pending interment or entombment at a later time, a cemetery shall identify the casket by attaching to it a permanent type tag or label of plastic or other durable material at the time of the services with the name of the deceased, grave site or crypt location and other data as may be required for positive identification. '(3) Before an interment or entombment is made, a cemetery shall have a responsible representative verify the correctness of the grave site or crypt location and attest the verification on the permanent record of the interment or entombment. '(4) A cemetery shall not permit a casket to be opened within the cemetery grounds without permission of the next of kin (1) except in case of cremation.' [Emphasis added] Thus, at the request of the next of kin of the deceased, a casket may be opened for viewing at a cemetery. Such a request may be made at any time prior to burial and the cemetery association is required to keep the casket open only during such times as permitted by next of kin. However, if a cemetery association, as part of the services, agrees to display a body, the individual in charge of the cemetery would be holding himself out as being a 'funeral director'. 1949 PA 268, Sec. 5, supra, defines 'funeral director' as follows: 'The term 'funeral director', as herein used, is a person engaged in or conducting, or holding himself out as being engaged in: (a) Supervising the burial and disposal of dead human bodies, or (b) Maintaining a funeral establishment for the preparation and disposition and care of dead human bodies, or (c) Who shall, in connection with his name or funeral establishment use the words 'funeral director' or 'undertaker' or 'mortician', or any other profession of funeral directing or who profess to be engaged in such profession shall be licensed as funeral directors or the holders of a license for the practice of mortuary science. Any person who engages in or professes to engage in the profession of funeral directing without being the holder of a license as funeral director or to practice the profession of mortuary science shall be guilty of a violation of this act.' [Emphasis added] OAG, 1973-74, No. 4770, p 60 (July 18, 1973) held that the presence of a funeral director is required to supervise the burial or disposition of a dead human body, that a funeral director is required to supervise the transportation of a body, and that only the next of kin, the county medical examiner, or a funeral director may be in charge of a dead human body. Thus, the display of a body at a cemetery would necessitate the presence of a funeral director or the next of kin of the deceased. However, if the funeral director were in charge of the body displayed at the cemetery, the cemetery would be by definition a funeral establishment. 1949 PA 268, supra, Sec. 13, prohibits cemeteries from owning or allowing on their premises the operation of a funeral establishment. Therefore, it is my opinion that a body can be displayed at a cemetery only at the request and in the presence of the next of kin of the deceased. You may ask: 'If the answer to No. 1 is yes, is it permissible for a cemetery owner or operator to enter into a contractual arrangement with a licensed funeral director to obtain the necessary permits, embalm the body and transport the body to the cemetery chapel for viewing?' A cemetery may display a dead human body only at the request of and in the presence of the next of kin of the deceased. 1949 PA 268, supra, Sec. 13, prohibits a cemetery from owning or operating a funeral establishment, and a contractual agreement with a licensed funeral director to perform the services of a mortician would place the cemetery in the position of managing, supervising or maintaining a funeral establishment. Therefore, it is my opinion that such a contractual arrangement is prohibited. Finally, you ask: May a cemetery association offer for sale, either on an as-needed basis or on a pre-need basis, a repository for dead human bodies consisting of a fiberglass container which functions as a casket liner and the bottom part of the vault? Your question refers to a repository for a dead body which functions as both a casket and a vault. The body is laid directly into a fiberglass or similar container which functions as the casket liner and the bottom part of the vault. A metal or wood device designed to give the appearance of a casket covers the fiberglass unit until the body is ready for interment or cremation. At that time the outer device is removed and a fiberglass vault cover is installed. The outer device is then reused. 1949 PA 268, supra, Sec. 10, provides in pertinent part: '. . . 'The board may also refuse to issue or may refuse to renew, or may suspend or may revoke any license or resident training certificate, or may place the holder on a term of probation after proper public hearing upon finding the holder of such license or resident training certificate to be guilty of any of the following acts or omissions: '. . . '(3) Unprofessional conduct which is hereby defined to include: '. . . '(k) Using any casket or part of a casket which has been previously used as a receptacle for, or in connection with, the burial or other disposition of a dead human body.' Absent indications to the contrary, words used in the statute are assumed to have their natural, ordinary and familiar meaning. MCLA 8.3a; MSA 2.212(1). Webster's New Collegiate Dictionary defines casket as 'coffin' and, in turn, defines 'coffin' as 'a box or chest for burying a corpse'. Michigan law does not require the purchase of a casket and a vault. Instead, it merely requires that, for transportation purposes, a body must be placed in a sound shipping case (see 1954 AC, R 325.1141, et seq) and it allows cemetery associations to require the use of a vault in burials within the cemetery (see 1949 PA 268, supra, Sec. 12). Although the article of funeral merchandise described gives the appearance of a casket, it never is in contact with a dead body nor used as the receptacle for a dead body; thus, it is not a casket or a part of a casket which has been previously used as a receptacle for a dead human body. It is, therefore, my opinion that its reuse does not constitute a violation of 1949 PA 268, Sec. 10(3)(k), supra. Frank J. Kelley Attorney General (1)