SENATE BILL No. 1274

May 7, 2002, Introduced by Senators MILLER, KOIVISTO, DINGELL, NORTH, SHUGARS,

GOUGEON, GARCIA, SCHUETTE and HOFFMAN and referred to the Committee on

Families, Mental Health and Human 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 following persons INDIVIDUALS shall

2 report a live birth which THAT occurs in this state:

3 (a) When IF a live birth occurs in an institution or

4 enroute thereto TO 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

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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) When IF 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 the indicated

9 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

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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 qualified person INDIVIDUAL or

12 source available and shall obtain medical certification as

13 follows:

14 (a) The IF 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 as his

18 or her THE 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 as his or her

26 THE ATTENDING PHYSICIAN'S authorized representative; or in the

27 absence of an authorized representative, by the chief medical

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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 another person

6 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. 1270 _____

20 of the 91st Legislature is enacted into

21 law.

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