September 29, 2005, Introduced by Reps. Gaffney, Hune, Hildenbrand and Mortimer and referred to the Committee on Health Policy.
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, 2002 PA 687, MCL 333.1071 to 333.1073, 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 a certified nurse practitioner or the county medical examiner;
or in the absence of a certified nurse practitioner or 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 a certified nurse practitioner or 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 An individual 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 individual, 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 with the local
registrar of the district where the death occurred not later than
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.