Bill Text: MI HB5953 | 2017-2018 | 99th Legislature | Engrossed


Bill Title: Children; protection; reporting death of a newborn after surrender to a newborn safety device; expand. Amends sec. 2843 of 1978 PA 368 (MCL 333.2843). TIE BAR WITH: HB 5750'18

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2018-05-17 - Referred To Committee On Families, Seniors And Human Services [HB5953 Detail]

Download: Michigan-2017-HB5953-Engrossed.html

HB-5953, As Passed House, May 16, 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5953

 

 

May 9, 2018, Introduced by Reps. Kahle and Leutheuser and referred to the Committee on Families, Children, and Seniors.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 2843 (MCL 333.2843), as amended by 2013 PA 79.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2843. (1) A funeral director who first assumes custody of

 

a dead body, either personally or through his or her authorized

 

agent, shall report the death. For purposes of this subsection,

 

"dead body" includes, but is not limited to, the body of an infant

 

who survived an attempted abortion as described in the born alive

 

infant protection act, 2002 PA 687, MCL 333.1071 to 333.1073, and

 

who later died. The funeral director or the authorized agent shall

 

obtain the necessary personal data from the next of kin or the best

 

qualified individual or source available and shall obtain medical

 

certification as follows:


     (a) If the death occurred outside an institution, the medical

 

certification portion of the death record shall be completed and

 

certified not later than 48 hours after death by the attending

 

physician; or in the absence of the attending physician, by a

 

physician acting as the attending physician's authorized

 

representative; or in the absence of an authorized representative,

 

by the county medical examiner; or in the absence of the county

 

medical examiner, by the county health officer or the deputy county

 

medical examiner. If the death occurred in an institution, the

 

medical certification shall be completed and signed not later than

 

48 hours after death by the attending physician; or in the absence

 

of the attending physician, by a physician acting as the attending

 

physician's authorized representative; or in the absence of an

 

authorized representative, by the chief medical officer of the

 

institution in which death occurred, after reviewing pertinent

 

records and making other investigation as considered necessary, or

 

by a pathologist.

 

     (b) A physician described in subdivision (a), who for himself

 

or herself or as an agent or employee of another individual

 

neglects or refuses to certify a death record properly presented to

 

him or her for certification by a funeral director or who refuses

 

or neglects to furnish information in his or her possession, is

 

guilty of a misdemeanor punishable by imprisonment for not more

 

than 60 days, or a fine of not less than $25.00 nor more than

 

$100.00, or both.

 

     (2) A physician described in subsection (1)(a) shall provide

 

the medical certification described in subsection (1)(a) within 48


hours after the death.

 

     (3) A death record shall be certified by a funeral director

 

who is licensed under article 18 of the occupational code, 1980 PA

 

299, MCL 339.1801 to 339.1812, or by an individual who holds a

 

courtesy license under section 1806a of that act, the occupational

 

code, 1980 PA 299, MCL 339.1806a, and shall be filed with the local

 

registrar of the district where the death occurred within 72 hours

 

after the death.

 

     (4) Except as otherwise provided in this subsection, the death

 

of an infant who was born alive following an attempted abortion and

 

was surrendered to an emergency service provider or a newborn

 

safety device under the safe delivery of newborns law, sections 1

 

to 20 of chapter XII of the probate code of 1939, 1939 PA 288, MCL

 

712.1 to 712.20, and then died shall be reported in the same manner

 

as for any death. However, the The deceased infant shall be listed

 

as "Baby Doe" and no information that would directly identify the

 

deceased infant or the deceased infant's parents shall be reported,

 

including, but not limited to, the following information:

 

     (a) The name of the mother or father.

 

     (b) The address of the mother or father.

 

     (c) The name of the informant.

 

     (d) The address of the informant.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless House Bill No. 5750 of the 99th Legislature is enacted into

 

law.

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