BURIAL FOR ABORTED FETUS



House Bill 5678

Sponsor: Rep. Paul DeWeese

Committee: Health Policy


Complete to 9-1-00



A SUMMARY OF HOUSE BILL 5678 AS INTRODUCED 4-25-00


Currently, under provisions in the Public Health Code, before final disposition of a dead fetus, a funeral director or person assuming responsibility for the final disposition of a dead fetus is required to obtain written authorization from the parent or parents. The authorization can allow final disposition to be by a funeral director, the person in charge of the health facility where the fetus was delivered, or an institution or agency authorized by law to accept donated bodies or fetuses. The bill would amend the code to also allow final disposition to be by a health professional who delivered the fetus outside of a health facility. In addition, the bill would require that all pathological waste that consisted of the products of human conception consisting of an embryo, neonate, or fetus would have to be disposed of only by cremation and burial of the remains in a cemetery or by direct burial in a cemetery.


Further, the bill would specify that a licensee providing obstetrical services or abortion services outside of a health facility would have to dispose of a dead embryo or neonate by cremation and burial of the remains in a cemetery or by direct burial in a cemetery. If the licensee had been authorized to be responsible for final disposition of a dead fetus, it would also have to be disposed of by cremation and burial of the remains or by direct burial in a cemetery. The above provisions would also apply to health facilities and agencies that provide obstetrical or abortion services or that were authorized to dispose of a dead fetus.


MCL 333.2848














Analyst: S. Stutzky



This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.