HOUSE BILL No. 5998 May 2, 2002, Introduced by Reps. Bovin, Patterson, Birkholz, Richardville, Kuipers, Hummel, Jelinek, Vander Veen, Pappageorge, Palmer, Vear and Meyer and referred to the Committee on Family and Children Services. A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 2822 and 2843 (MCL 333.2822 and 333.2843). THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 2822. (1) The followingpersonsINDIVIDUALS shall 2 report a live birthwhichTHAT occurs in this state: 3 (a)WhenIF a live birth occurs in an institution or 4 enroutetheretoTO AN INSTITUTION, the individual in charge of 5 the institution or his or her designated representative shall 6 obtain the personal data, prepare the certificate OF BIRTH, 7 secure the signatures required by the certificate OF BIRTH, and 8 file the certificate OF BIRTH with the local registrar or as oth- 9 erwise directed by the state registrar within 5 days after the 10 birth. The physician or other individual in attendance shall 11 provide the medical information required by the certificate OF 06809'02 * TLG 2 1 BIRTH and certify to the facts of birth not later than 72 hours 2 after the birth. If the physician or other individual does not 3 certify to the facts of birth within 72 hours, the individual in 4 charge of the institution shall complete and sign the 5 certification. 6 (b)WhenIF a live birth occurs outside an institution, 7 the record shall be prepared, certified, and filed with the local 8 registrar by 1 of the following individuals in theindicated9 FOLLOWING order of priority: 10 (i) The physician in attendance at or immediately after the 11 live birth. 12 (ii) Any other individual in attendance at or immediately 13 after the live birth. 14 (iii) The father, the mother, or, in the absence of the 15 father and the inability of the mother, the individual in charge 16 of the premises where the live birth occurs. 17 (C) IF A LIVE BIRTH OCCURS DURING AN ATTEMPTED ABORTION AND 18 THE MOTHER OF THE NEWBORN HAS EXPRESSED A DESIRE NOT TO ASSUME 19 CUSTODY AND RESPONSIBILITY FOR THE NEWBORN BY REFUSING TO AUTHO- 20 RIZE NECESSARY LIFE-SUSTAINING MEDICAL TREATMENT, THE LIVE BIRTH 21 SHALL BE REPORTED AS FOLLOWS: 22 (i) IF THE ATTEMPTED ABORTION TOOK PLACE IN AN INSTITUTION, 23 THE LIVE BIRTH SHALL BE REPORTED IN THE SAME MANNER AS PROVIDED 24 IN SUBDIVISION (A), EXCEPT THAT THE PARENTS SHALL BE LISTED AS 25 "UNKNOWN". 26 (ii) IF THE ATTEMPTED ABORTION TOOK PLACE OUTSIDE AN 27 INSTITUTION, THE LIVE BIRTH SHALL BE REPORTED IN THE SAME MANNER 06809'02 * 3 1 AS PROVIDED IN SUBDIVISION (B), EXCEPT THAT THE PARENTS SHALL BE 2 LISTED AS "UNKNOWN". 3 (2) AS USED IN THIS SECTION, "ABORTION" MEANS THAT TERM AS 4 DEFINED IN SECTION 17015. 5 Sec. 2843. (1) A funeral director or his or her authorized 6 agent who first assumes custody of a dead body shall report the 7 death. FOR PURPOSES OF THIS SUBSECTION, "DEAD BODY" INCLUDES, 8 BUT IS NOT LIMITED TO, THE BODY OF AN INFANT WHO SURVIVED AN 9 ATTEMPTED ABORTION BUT DIED WITHIN 12 HOURS. The funeral director 10 or the authorized agent shall obtain the necessary personal data 11 from the next of kin or the best qualifiedpersonINDIVIDUAL or 12 source available and shall obtain medical certification as 13 follows: 14 (a)TheIF THE DEATH OCCURRED OUTSIDE AN INSTITUTION, THE 15 medical certification shall be completed and signed not later 16 than 48 hours after death by the attending physician; or in the 17 absence of the attending physician, by a physician acting ashis18or herTHE ATTENDING PHYSICIAN'S authorized representative; or 19 in the absence of an authorized representative, BY the county 20 medical examiner; or in the absence of the county medical examin- 21 er, BY the county health officer or the deputy county medical 22 examiner. If the death occurred in an institution, the medical 23 certification shall be completed and signed not later than 48 24 hours after death by the attending physician; or in the absence 25 of the attending physician, by a physician acting ashis or her26 THE ATTENDING PHYSICIAN'S authorized representative; or in the 27 absence of an authorized representative, by the chief medical 06809'02 * 4 1 officer of the institution in which death occurred, after 2 reviewing pertinent records and making other investigation as 3 considered necessary, or by a pathologist. 4 (b) A physician, as described in subdivision (a), who for 5 himself or herself or as an agent or employee of anotherperson6 INDIVIDUAL neglects or refuses to sign a death certificate prop- 7 erly presented to him or her for signature by a funeral director 8 or who refuses or neglects to furnish information in his or her 9 possession, is guilty of a misdemeanor punishable by imprisonment 10 for not more than 60 days, or a fine of not less than $25.00 nor 11 more than $100.00, or both. 12 (2) The medical certification shall be completed and signed 13 not later than 48 hours after the death by the physician, as 14 described in subsection (1)(a). 15 (3) A death record shall be filed with the local registrar 16 of the district where the death occurred not later than 72 hours 17 after the death. 18 Enacting section 1. This amendatory act does not take 19 effect unless Senate Bill No. _____ or House Bill No. 5994 20 (request no. 06805'02 *) of the 91st Legislature is enacted into 21 law. 06809'02 * Final page. TLG