X-Message-Number: 23231 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 The Cease and Desist orders issued by CIS against CI have been withdrawn.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 _______________________________________________________________ Rate This Message: http://www.cryonet.org/cgi-bin/rate.cgi?msg=23231