House Introduced Bill 5817

HOUSE BILL No. 5817

May 23, 2000, Introduced by Reps. Jellema, Caul, Stamas, Gosselin, Birkholz, Richner, Pappageorge, DeVuyst, Garcia and
Jansen and referred to the Committee on Tax Policy.

A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending sections 2803, 2834, 2848, 2850, and 2882 (MCL

333.2803, 333.2834, 333.2848, 333.2850, and 333.2882), section

2882 as amended by 1997 PA 54, and by adding sections 16283 and

20189.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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Sec. 2803. (1) "Dead body" OR "DEAD INFANT" means a human

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body OR FETUS, or parts thereof A PART OF A DEAD HUMAN BODY OR

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FETUS, in a condition from which it may reasonably be concluded

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that death has occurred.

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(2) "Fetal death" means the death of a fetus which has com-

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pleted at least 20 weeks of gestation or weighs at least

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400 grams. The definition shall conform in all other respects as

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closely as possible to the definition recommended by the federal

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agency responsible for vital statistics.

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(2) (3) "File" means to present a certificate, report, or

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other record to the local registrar provided for in this part for

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registration by the state registrar.

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(3) (4) "Final disposition" means the burial, cremation,

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or other disposition of a dead human body or fetus A DEAD

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INFANT.

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(4) "PRENATAL DEATH" MEANS THE DEATH OF A FETUS THAT HAS

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COMPLETED AT LEAST 20 WEEKS OF GESTATION OR WEIGHS AT LEAST 400

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GRAMS. THIS DEFINITION SHALL CONFORM IN ALL OTHER RESPECTS AS

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CLOSELY AS POSSIBLE TO THE DEFINITION RECOMMENDED BY THE FEDERAL

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AGENCY RESPONSIBLE FOR VITAL STATISTICS.

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Sec. 2834. (1) A fetal PRENATAL death occurring in this

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state shall be reported to the state registrar within 5 days

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after delivery. The state registrar shall prescribe the form and

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manner for reporting fetal PRENATAL deaths. The reporting form

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shall not contain the name of the biological parents, common

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identifiers such as social security or drivers DRIVER license

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numbers or other information identifiers that would make it pos-

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sible to identify in any manner or in any circumstances the bio-

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logical parents of the fetus. A state agency shall not compare

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data in an information system file with data in another computer

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system which THAT would result in identifying in any way a

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woman or father involved in a fetal PRENATAL death.

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Statistical information which THAT may reveal the identity of

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the biological parents involved in a fetal PRENATAL death shall

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not be maintained.

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(2) If a dead fetus is delivered in an institution, the

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individual in charge of the institution or his or her authorized

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representative shall prepare and file the report.

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(3) If a dead fetus is delivered outside an institution, the

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physician in attendance shall prepare and file the report.

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(4) If a fetal PRENATAL death occurs without medical

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attendance at or after the delivery or if inquiry is required by

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the medical examiner, the attendant, mother, or other person

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having knowledge of the fetal PRENATAL death shall notify the

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medical examiner who shall investigate the cause and prepare and

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file the report.

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(5) The reports required under this section are statistical

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reports to be used only for medical and health purposes and shall

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not be incorporated into the permanent official records of the

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system of vital statistics. A schedule for the disposition of

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these reports shall be provided for by the department.

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(6) The department or any employee of the department shall

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not disclose to any person outside the department, the reports or

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the contents of the reports required by this section in any

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manner or fashion so as to permit the person or entity to whom

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the report is disclosed to identify in any way the biological

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parents.

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(7) THE DEPARTMENT SHALL DEVELOP AND DISTRIBUTE A CERTIFI-

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CATE OF PRENATAL DEATH FOR USE BY HEALTH PROFESSIONALS AND HEALTH

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FACILITIES UNDER SECTIONS 16283 AND 20189. THE DEPARTMENT SHALL

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INCLUDE SPACES FOR ALL OF THE FOLLOWING INFORMATION ON THE

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CERTIFICATE OF PRENATAL DEATH:

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(A) THE NAME OF THE DEAD INFANT, IF IT WAS GIVEN A NAME BY

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THE PARENT OR PARENTS.

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(B) NUMBER OF WEEKS OF GESTATION COMPLETED.

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(C) DATE OF DELIVERY AND WEIGHT AT TIME OF DELIVERY.

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(D) THE NAME OF THE PARENT OR PARENTS.

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(E) THE NAME OF THE HEALTH FACILITY IN WHICH THE DEAD INFANT

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WAS DELIVERED OR THE NAME OF THE HEALTH PROFESSIONAL IN

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ATTENDANCE IF THE DELIVERY WAS OUTSIDE A HEALTH FACILITY.

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Sec. 2848. (1) Except as provided in sections 2844 and

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2845, a funeral director or person acting as a funeral director,

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who first assumes custody of a dead body, not later than 72 hours

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after death or the finding of a dead body and before final dispo-

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sition of the body, shall obtain authorization for the final

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disposition. The authorization shall be issued on a form pre-

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scribed by the state registrar and signed by the local registrar

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or the state registrar.

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(2) Before final disposition of a dead fetus INFANT, irre-

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spective of the duration of pregnancy, the funeral director or

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person assuming responsibility for the final disposition of the

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fetus DEAD INFANT shall obtain from the parents, or parent in

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case of an unmarried mother, an authorization for final disposi-

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tion on a form prescribed and furnished or approved by the state

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registrar. The authorization may allow final disposition to be

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by a funeral director, the individual in charge of the

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institution where the fetus DEAD INFANT was delivered, or an

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institution or agency authorized to accept donated bodies or

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fetuses under this code. After final disposition, the funeral

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director, the individual in charge of the institution, or other

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person making the final disposition shall retain the permit for

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not less than 7 years.

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(3) If final disposition is by cremation, the medical

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examiner of the county in which death occurred shall sign the

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authorization.

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(4) A body may be moved from the place of death to be pre-

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pared for final disposition with the consent of the physician or

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medical examiner who certifies the cause of death.

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(5) A permit for disposition issued under the law of another

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state which THAT accompanies a dead body or dead fetus
INFANT

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brought into this state is authorization for final disposition of

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the DEAD body or fetus DEAD INFANT in this state.

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Sec. 2850. An individual in charge of premises in which

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interments or other disposition of dead bodies is made shall not

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inter or allow interment or other disposition of a dead body or

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fetus DEAD INFANT unless it is accompanied by an authorization

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for final disposition. An individual in charge of a place for

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final disposition shall keep a record of a final disposition made

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in the premises under his or her charge. The record shall state

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the name of the deceased, date and place of death, date of final

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disposition, and the name and address of the funeral director or

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person acting as a funeral director.

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Sec. 2882. (1) Except as otherwise provided in

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section 2890, upon written request and payment of the prescribed

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fee, the state registrar or local registrar shall issue the

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appropriate 1 of the following:

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(a) A certified copy of a live birth record, a certificate

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of registration containing the items indicated in section

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2881(2), or a certified copy of documentary evidence on file in

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the office of the state registrar that is not sealed under sec-

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tion 2832 and that served as the basis for a change of a live

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birth record to 1 of the following:

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(i) The individual who is the subject of the live birth

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record.

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(ii) A parent named in the birth record.

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(iii) An heir, a legal representative, or a legal guardian

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of the individual who is the subject of the live birth record.

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(iv) A court of competent jurisdiction.

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(b) If the live birth record is 110 or more years old, a

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certified copy of the live birth record to any applicant.

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(c) A certified copy of a death record, including the cause

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of death, to any applicant.

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(d) A certified copy of a marriage or divorce record to any

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applicant, except as provided by rule.

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(e) A certified copy of a fetal PRENATAL death record that

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was filed before September 30, 1978, to any applicant.

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(f) A certified copy of an acknowledgment of parentage that

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was filed after January 1, 1997, to any applicant.

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(2) Upon written request of an adult who has been adopted

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and payment of the prescribed fee, the state registrar shall

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issue to that individual a copy of his or her original

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certificate of live birth, if the written request identifies the

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name of the adult adoptee and is accompanied by a copy of a cen-

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tral adoption registry clearance reply form that was completed by

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the family independence agency and delivered to that individual

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as required by section 68(9) of the Michigan adoption code,

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chapter X of 1939 PA 288, MCL 710.68.

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(3) Upon written request of a confidential intermediary

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appointed under section 68b of the Michigan adoption code, chap-

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ter X of 1939 PA 288, MCL 710.68b, presentation of a certified

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copy of the order of appointment, identification of the name of

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the adult adoptee, and payment of the required fee, the state

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registrar shall issue to the confidential intermediary a copy of

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the original certificate of live birth of the adult adoptee on

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whose behalf the intermediary was appointed.

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(4) A copy of the original certificate of live birth pro-

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vided under subsection (2) or (3) shall have the following phrase

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marked on the face of the copy: "This document is a copy of a

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sealed record and is not the active birth certificate of the

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individual whose name appears on this document".

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SEC. 16283. IF REQUESTED BY THE PARENT OR PARENTS, A

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LICENSEE WHO IS IN ATTENDANCE AT THE DELIVERY OF A DEAD INFANT

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OUTSIDE OF A HEALTH FACILITY, IN ADDITION TO FILLING OUT A PRENA-

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TAL DEATH REPORT UNDER SECTION 2834, SHALL FILL OUT A CERTIFICATE

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OF PRENATAL DEATH PROVIDED BY THE DEPARTMENT OF COMMUNITY HEALTH

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UNDER SECTION 2834. THE LICENSEE SHALL PRESENT THE COMPLETED

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ORIGINAL CERTIFICATE OF PRENATAL DEATH TO THE PARENT OR PARENTS

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OF THE DEAD INFANT. THE LICENSEE SHALL NOT RETAIN A COPY OF THE

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CERTIFICATE OR PROVIDE A COPY OF THE CERTIFICATE TO ANOTHER

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PERSON WITHOUT THE WRITTEN CONSENT OF THE PARENT OR PARENTS.

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SEC. 20189. IF REQUESTED BY THE PARENT OR PARENTS, A HEALTH

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FACILITY IN WHICH A DEAD INFANT IS DELIVERED, IN ADDITION TO

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FILLING OUT A PRENATAL DEATH REPORT UNDER SECTION 2834, SHALL

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FILL OUT A CERTIFICATE OF PRENATAL DEATH PROVIDED BY THE DEPART-

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MENT OF COMMUNITY HEALTH UNDER SECTION 2834. THE HEALTH FACILITY

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SHALL PRESENT THE COMPLETED ORIGINAL CERTIFICATE OF PRENATAL

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DEATH TO THE PARENT OR PARENTS OF THE DEAD INFANT. THE HEALTH

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FACILITY SHALL NOT RETAIN A COPY OF THE CERTIFICATE OR PROVIDE A

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COPY OF THE CERTIFICATE TO ANOTHER PERSON WITHOUT THE WRITTEN

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CONSENT OF THE PARENT OR PARENTS.

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Enacting section 1. This amendatory act does not take

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effect unless Senate Bill No. ___ or House Bill No. 5818 (request

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no. 03873'99*) of the 90th Legislature is enacted into law.

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