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From:
Subject: Cryonics Institute can now operate legally as a cemetery
Date: Wed, 7 Jan 2004 14:55:11 US/Eastern
The Cryonics Institute has reached an agreement with the Michigan Department
Labor & Economic Growth (DLEG) Bureau of Commercial Services to be licensed as
a cemetery. The Cease and Desist orders issued by CIS against CI have been
withdrawn.
I did not want for an issue of THE IMMORTALIST to be published pending this
important announcement, so I asked our editor/publisher (John Bull) to hold
publication. Although the issue is very late, I think it was worth waiting. The
Nov/Dec
issue of THE IMMORTALIST has been skipped, because I asked John to make the
next issue Jan/Feb. All subscriptions will be extended accordingly.
Concerning the agreement with DLEG, CI agreed to be licensed as a cemetery
without waiving its claims and objections regarding the lack of jurisdiction of
DLEG or the Cemetery Commission over CI. CI's purpose is to attempt to save
lives,
not to store dead bodies. CIS has acknowledged the distinctive nature of
cryonics.
CI can no longer perfuse patients at the CI facility. All perfusions done
in
the state of Michigan must be performed at the premises of a licensed funeral
director -- although the protocol and perfusates are still those intended for
cryopreservation, and can be modified when we are ready to implement
vitrification.
Because funeral directors already perform our perfusions under our direction
(and
will continue to do so under our agreement), we believe that we can operate and
continue to improve our protocols at the premises of a funeral director.
The terms of the licensure also require the creation of an Endowment Care
Trust
Fund for patient care -- amounting to $4,000 per patient. The interest from this
fund
can be used for patient maintenance and maintenance of CI's facility. The
existence
of a separate fund is required for all cemeteries, and is intended to provide an
extra assurance that funds will be available to maintain our patients. CI will
continue
to hold more than this amount for patients outside of the Trust Fund in addition
to the
minimum requirements of DLEG.
A press release was created by negotiation and mutual consent between our
lawyer (David Ettinger) and DLEG. This official press release was given to the
media and is printed below.
While CI has not sought out regulation, there are advantages to this
result.
By reaching an agreement that recognizes the many differences between CI and
cemeteries, we believe that we have achieved a "benign regulation" that is
intended only to provide additional protection to our members, and therefore
have
avoided the problems of hostile regulation. Also, there are people who feel
that their
consumer's rights are being safeguarded when they deal with a regulated
industry,
so such people may be more comfortable about making cryonics arrangements
with CI.
I regret that our members have been in the dark about this situation for
so long -- wondering when or if this will be resolved, wondering what services
CI can provide, and wondering how much of a problem it would be if a
cryonics emergency arose. We did have contingencies, but because of
the sensitive legal situation it was better not to discuss them (and
is probably still better not to discuss them). It is my preference to
be open about matters when feasible and to have an open discussion of
real problems with all our members as much as possible. I look forward
to not only resuming operations that are faithful to our purpose along
with advancing technology & service -- but to resume efforts to establish
open dialog with the membership.
-- Ben Best, President
Cryonics Institute
http://www.cryonics.org/
_______________________________________________________________
News Release
Michigan Department of Labor & Economic Growth
Jennifer M. Granholm, Governor Contact: Maura Campbell
David C. Hollister, Director 517.373.9280
http://www.michigan.gov/dleg
Email:
Cryonics Institute Now Licensed as Cemetery to Settle Dispute with State of
Michigan
January 7, 2003 - The Michigan Department of Labor & Economic Growth (DLEG)
Bureau of Commercial Services, and Cryonics Institute (CI) have settled their
dispute by the licensure of CI as a cemetery under Michigan law.
CI is a nonprofit membership organization which cryonically suspends, or
freezes, patients immediately after clinical death, in the hope that they can
be revived and rejuvenated when future technology is sufficiently advanced.
DLEG had issued orders requiring that CI cease and desist from many of its
activities pending licensure. Now that CI has been licensed, these cease
and desist orders have been withdrawn.
We are pleased that CI can now become a licensed facility, permitting state
oversight of its operations, said David C. Hollister, Director of the
Department
of Labor & Economic Growth. We believe that it s licensure as a cemetery
provides
additional protections to the people of the State of Michigan.
CI is very happy to have resolved this dispute, so that we can continue to grow
and provide services to our members, said Ben Best, CI s president. While we
believe that CI s activities are very different from those contemplated by the
Michigan laws governing cemeteries and mortuary science, we are ready to become
licensed, and to permit oversight by DLEG staff. Our agreement with DLEG
recognizes
the unique nature of CI s services, and, as a nonprofit membership organization,
we
have always operated in the manner that best serves our members.
The agreement between DLEG and CI in most respects permits CI to continue
operating
as it has in the past, but subject to audits, inspections and financial
reporting.
CI will also segregate certain funds in an endowed care trust fund to cover
maintenance expenses. Additionally, CI has agreed that certain initial steps
of the cryonic suspension process within the State of Michigan will only occur
at licensed funeral establishments, conducted by licensed morticians. Such
activities have in the past been conducted by licensed morticians at CI s
facility.
Patients will still be stored at CI s facility in liquid nitrogen.
The Bureau of Commercial Services of DLEG, licenses and regulates the practices
of
mortuary science, funeral establishments and cemeteries in Michigan. The
Cryonics
Institute is a nonprofit, membership organization based in Clinton Township,
Michigan.
CI has cryonically suspended 50 patients, and has more than 400 members.
For further information contact the Department of Labor & Economic Growth Media
Office at 517.373.9280 or David Ettinger (Cryonics Institute) at 313.465.7368.
Department of Labor & Economic Growth,
P.O. Box 30004, Ottawa Bldg 4th Floor., Lansing, MI 48909
_______________________________________________________________
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