SENATE BILL No. 230
February 27,
2013, Introduced by Senators JONES, SCHUITMAKER, WALKER and GREEN and referred
to the Committee on Regulatory Reform.
A
bill to amend 1978 PA 368, entitled
"Public
health code,"
by
amending section 2843 (MCL 333.2843), as amended by 2002 PA 691.
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 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 , as 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)
The A physician described
in subsection (1)(a) shall
provide
the medical certification shall be
provided not later than
described
in subsection (1)(a) within 48 hours
after the death. by
the
physician, as described in subsection (1)(a).
(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
limited
license under section 1806a of that act, MCL 339.1806a, and
shall
be filed with the local registrar of the district where the
death
occurred not later than 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 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 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 does not take effect
unless
Senate Bill No. 231
of the 97th Legislature is enacted into law.