Below are the Conditions to Licensure as a Cemetery which David Ettinger negotiated with Department of Consumer and Industry Services of the State of Michigan. This is version 7 of the agreement the final version which was accepted by both parties. This is a document of public record of which I believe CI members should be fully informed. It allows us to continue our operations in much the same manner except for the establishment of a separate fund and the requirement that we perfuse at a funeral director's establishment (whereas previously we had often perfused at our facility). So we are able to operate as a very special kind of cemetery with our own special conditions of operation, ie, we are fully operational as a cryonics organization.
CONDITIONS TO LICENSURE
The application for licensure for the Cryonics Institute ( CI ) is conditioned on the following facts, and licensure will
constitute approval of its operation in the following manner. Without waiving its claims and objections regarding the
lack of jurisdiction of the Department of Consumer and Industry Services or the Cemetery Commissioner over CI,
CI is prepared to accept licensure as a cemetery if the conditions are consistent with CI's method of operations
as spelled out below:
1. CI will engage in cryonic suspension and cryonic storage of its patients, as defined in its Cryonic Suspension Agreement, at its facility in Clinton Township, Michigan, except that any perfusion of patients with cryoprotective solutions utilizing current technology and conducted within the State of Michigan will occur at a licensed funeral establishment conducted by a licensed mortician. CI will not specify in advance the specific location within its facility at which any particular patient will be stored. CI will not require down payments in connection with its contracts. None of CI's facilities will be considered an undeveloped cemetery area. CI's services do not involve grave memorials or burial vaults.
2. CI will continue to contract with patients for the entire cryonic suspension process, including perfusion, and will make separate payments to funeral directors for the conduct of perfusion with cryoprotective solutions in Michigan.
3. CI shall require that funeral directors engaged in the perfusion process for its patients shall follow CI's protocol and utilize the chemicals directed by CI.
4. CI shall operate from a facility with the total property substantially less than forty acres.
5. CI shall set aside an Endowment Care Trust Fund containing funds equal to $4,000.00 per patient, for all patients cryonically suspended prior to the date of licensure, according to the terms of the attached Trust Agreement. These funds will be set aside for maintenance, which shall include liquid nitrogen storage of existing CI patients. All patients cryonically suspended postlicensure will have endowed care trust deposits of not less than 15% of the interment proceeds (defined as CI's minimum suspension fee less the amount allocated for initial expenses, including perfusion and initial freezing). The initial deposit to the Endowed Care Trust Fund shall be made not later than January 7, 2004.
6. CI will set aside funds in the amount of $50 per patient in a separate bank account for these patients who have chosen to prepay their suspension fees. Based upon its current operations, CI will not set aside funds in any other separate accounts, such as merchandise trust accounts, and is not currently subject to the Prepaid Funeral Contract Funding Act. Based on its current operations, CI shall not maintain a merchandise trust account, a cemetery development fund, a merchandise escrow account, a construction trust fund, or a construction development trust fund.
7. CI will not permanently seal its cryostats, but will continue to replenish them with liquid nitrogen and open them as appropriate, including to add patients. CI's cryostats will continue to contain multiple patients. CI s patients shall be required to use CI's cryostats. CI will not file a plat or map with regard to its facility, but will file a floor plan identifying the location of its cryostats, and will maintain records identifying the cryostats in which each patient is contained.
CI will not provide information to prospective patients regarding the specific cryostat which shall be utilized for them, and shall routinely contract with members for cryonic suspension without specific provisions for construction of cryostats for those members, since the death of those members could be years or decades in the future. CI shall not utilize grave markers, section markers or survey markers.
8. CI will continue to offer to its members the option of funding their cryonic suspensions by life insurance policies with CI as the beneficiary.
9. CI's facility received zoning approval when it opened, but CI is not zoned as a cemetery and will not be zoned as a cemetery.
10. CI will engage in a cool down of its patients according to its own best judgment of what is appropriate for its patients, and shall not be required to place patients in its cryostats as soon as possible after receipt, or obtain written permission for any delays in doing so.
11. Because of the uncertain, long term nature of cryonic suspension, CI shall not be required to indicate or assure how
it will perform its future obligations, or the cost of those obligations other than the cost of liquid nitrogen storage.
12. CI shall not submit its Cryonic Suspension Agreement to the Commission for approval because that document has been reviewed by the Commission.
13. This application has been reviewed by the Cemetery Commissioner and the Department of Consumer and Industry
Services, and they have concluded that CI's operations and the activities as described herein or as reviewed by them in their investigation of CI do not violate Michigan law and will not be the subject of enforcement action. Upon approval of this application the two Cease and Desist Orders dated August 26, 2003 shall be withdrawn.