March 7, 2006, Introduced by Rep. Kolb and referred to the Committee on Senior Health, Security, and Retirement.
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 medical certification shall be provided not later than
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
licensed under article 18 of the occupational code, 1980 PA 299,
MCL 339.1801 to 339.1812, and shall be filed not later than 72
hours
after the death with the each of the following:
(a) The local registrar of the district where the death
occurred. not
later than 72 hours after the death.
(b) The department or the estate recovery unit established
under section 112g of the social welfare act, 1939 PA 280, MCL
400.112g.
(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 all of the following bills of the 93rd Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 5827(request no.
02539'05).
(b) Senate Bill No.____ or House Bill No. 5829(request no.
02541'05).