Endorsement and the Unsigned Supervision Log
Elena is licensed in Ohio as a funeral director and embalmer. She moved to Ann Arbor and applied to BPL for Michigan licensure by endorsement. While her application was pending, she began working at a Michigan funeral home as an 'independent consultant.' She embalmed four decedents, met with three families to arrange funerals, and signed a preneed contract. The funeral home's manager told her that Michigan 'recognizes out-of-state licenses for 6 months' and that she could work under his license. Elena also supervised a Michigan funeral director trainee during a visitation, though the trainee's registration listed a different supervisor. The Bureau received an anonymous complaint. Elena's Ohio license is active and in good standing. No Michigan license has been issued.
1. Does Elena's Ohio license or the manager's statement permit her to perform licensed functions in Michigan while her application is pending?
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No. Endorsement is a discretionary licensure process. Michigan may license by endorsement if the applicant meets the Board's requirements, but the applicant is not licensed until BPL issues the license. An active Ohio license does not create Michigan practice authority, and there is no general six-month recognition rule. While the application was pending, Elena could not embalm, arrange funerals, or sign preneed contracts. Working as an 'independent consultant' is not a loophole if she performed licensed functions. The manager's statement that she could work under his license is also wrong: a license is personal and cannot be lent. The funeral home independently violated the law by permitting unlicensed practice. Elena should have waited for the Michigan license or limited herself to non-licensed tasks with no independent judgment.
2. What is the problem with Elena supervising the Michigan trainee, and how should supervision have been documented?
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The trainee issue is separate. A trainee must be registered and supervised by the licensed person designated in the registration, with the level of supervision required by the Board. Elena was not licensed in Michigan, so she could not serve as the supervisor of record. Even if she had applied, supervision by an unlicensed person does not count. The trainee's registration listed a different supervisor, which means the actual supervision was inconsistent with the record. The funeral home should correct the supervision log and ensure the designated supervisor is present and licensed. If the trainee performed embalming under Elena, that is another unlicensed-practice layer.
3. What should Elena and the funeral home do now, and how would the Bureau assess the case?
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Elena should stop all licensed activity immediately, notify BPL in writing of the pending application and the work performed, and ask for guidance. She should preserve her Ohio records and any Michigan application documents. The funeral home should audit the four embalmings, three arrangements, and the preneed contract, and notify affected families if necessary. The Bureau may investigate both Elena and the funeral home. Aggravating factors include four embalmings, three family meetings, a signed preneed contract, and supervision of a trainee despite no Michigan license. Mitigating factors include an active Ohio license, good standing, and likely reliance on the manager's incorrect advice. Reliance on an employer's assurance is not a complete defense; licensees are responsible for verifying their own authority. The exam point is that endorsement is not reciprocity by announcement.