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