The Lapsed License and the Busy Weekend
Robert has held a Michigan funeral director license for 22 years and manages a funeral home in Flint. His license expired on October 31. He believed LARA's online portal gave him a 90-day grace period because the renewal notice mentioned a 'late fee.' Between November 1 and February 15, he arranged 11 funerals, signed 11 death certificates as the funeral director, and supervised two embalmings even though his embalmer license was also expired. He completed only 6 of the required continuing education hours and says he 'planned to catch up.' The establishment license is current and the funeral home's owner is a licensed funeral director who was out on medical leave. On February 20, a competitor filed a complaint with LARA.
1. Did the renewal notice or late-fee reference give Robert authority to practice after October 31? Explain.
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No. A renewal notice, a late fee, or an online portal message does not authorize practice after the expiration date. In Michigan, the license must be active when the person performs licensed functions. Arranging funerals, signing death certificates as funeral director, and supervising embalming are licensed acts. If Robert's funeral director and embalmer licenses both expired October 31, then after that date he was practicing on a lapsed license unless he had actually renewed. A grace period, if one applies, would affect the renewal process, not the scope of practice. The establishment's current license does not cover him personally. The owner's medical leave is a business hardship, not a legal defense; the firm had to arrange licensed coverage. The fact he signed 11 death certificates creates a clear documentary trail, which makes the violation easy to prove.
2. What licensure options does Robert have now, and what should he do while the complaint is pending?
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Reinstatement depends on how long the license has been lapsed and what the Board requires. Generally, a late renewal within the allowed window may be handled administratively with a late fee and completion of CE. If the lapse exceeds that window, the licensee may need to apply for reinstatement, show completion of required CE, pay fees, and possibly appear before the Board. Because he practiced while lapsed, the Bureau may require a disciplinary resolution before or alongside reinstatement. He should not arrange or supervise funerals in the meantime. He should document all 11 files, complete the missing CE, and obtain written confirmation of his status from BPL. The judgment point is that reinstatement is not automatic just because he pays money; the unlicensed practice is a separate disciplinary matter.
3. How should the Bureau treat the owner's medical leave and the competitor's complaint?
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The Bureau would likely treat the owner's absence as context, not as a defense. The establishment must have a licensed funeral director in charge; if the owner was out, the firm needed a lawful backup. The Bureau would weigh the length of the lapse (over three months), the volume (11 funerals and two embalmings), the signed death certificates, the incomplete CE, and whether Robert ignored notices. Aggravating factors include continuing after expiration and misreading the notice. Mitigating factors include a long prior history, cooperation, and no consumer harm alleged. Sanctions could range from a reprimand and fine to suspension or probation. The competitor's complaint still triggers an investigation; the source does not change the analysis. A useful exam point is that 'I thought there was a grace period' shows a failure to verify licensure status, which the Bureau may treat as a professional responsibility violation.