HB-4330, As Passed House, April 18, 2013

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4330

 

 

 

 

 

 

 

 

 

 

 

     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 A physician described in subsection (1)(a) shall

 

provide the medical certification shall be provided not later than

 

described in subsection (1)(a) within 48 hours after the death. by

 

House Bill No. 4330 (H-1) as amended April 16, 2013

the physician, as described in subsection (1)(a).

 

     (3) A death record shall be certified by a funeral director

 

who is licensed under article 18 of the occupational code, 1980 PA

 

299, MCL 339.1801 to 339.1812, or by an individual who holds a

 

courtesy license under section 1806a of that act, MCL 339.1806a,

 

and shall be filed with the local registrar of the district where

 

the death occurred not later than within 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.

[Enacting section 1. This amendatory act takes effect upon the expiration of 90 days after the date it is enacted into law.]

     Enacting section [2]. This amendatory act does not take effect

 

unless Senate Bill No. 231 or House Bill No. 4303 of the 97th

 

Legislature is enacted into law.