SENATE BILL No. 1323

May 14, 2002, Introduced by Senators BENNETT, STILLE, SCHUETTE, GARCIA,

SHUGARS, SANBORN and GOUGEON 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 2803, 2834, 2848, 2850, and 2882 (MCL

333.2803, 333.2834, 333.2848, 333.2850, and 333.2882), section

2882 as amended by 1997 PA 54, and by adding sections 16283 and

20189.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 2803. (1) "Dead body" OR "DEAD INFANT" means a human

2 body OR FETUS, or parts thereof A PART OF A DEAD HUMAN BODY OR

3 FETUS, in a condition from which it may reasonably be concluded

4 that death has occurred.

5 (2) "Fetal death" means the death of a fetus which has com-

6 pleted at least 20 weeks of gestation or weighs at least

7 400 grams. The definition shall conform in all other respects as

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1 closely as possible to the definition recommended by the federal

2 agency responsible for vital statistics.

3 (2) (3) "File" means to present a certificate, report, or

4 other record to the local registrar provided for in this part for

5 registration by the state registrar.

6 (3) (4) "Final disposition" means the burial, cremation,

7 or other disposition of a dead human body or fetus A DEAD

8 INFANT.

9 (4) "PRENATAL DEATH" MEANS THE DEATH OF A FETUS THAT HAS

10 COMPLETED AT LEAST 20 WEEKS OF GESTATION OR WEIGHS AT LEAST 400

11 GRAMS.

12 Sec. 2834. (1) A fetal PRENATAL death occurring in this

13 state shall be reported to the state registrar within 5 days

14 after delivery. The state registrar shall prescribe the form and

15 manner for reporting fetal PRENATAL deaths. The reporting form

16 shall not contain the name of the biological parents, common

17 identifiers such as social security or drivers DRIVER license

18 numbers or other information identifiers that would make it pos-

19 sible to identify in any manner or in any circumstances the bio-

20 logical parents of the fetus. A state agency shall not compare

21 data in an information system file with data in another computer

22 system which THAT would result in identifying in any way a

23 woman or father involved in a fetal PRENATAL death.

24 Statistical information which THAT may reveal the identity of

25 the biological parents involved in a fetal PRENATAL death shall

26 not be maintained.

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1 (2) If a dead fetus INFANT is delivered in an institution,

2 the individual in charge of the institution or his or her

3 authorized representative shall prepare and file the PRENATAL

4 DEATH report REQUIRED UNDER SUBSECTION (1).

5 (3) If a dead fetus INFANT is delivered outside an insti-

6 tution, the physician in attendance shall prepare and file the

7 PRENATAL DEATH report REQUIRED UNDER SUBSECTION (1).

8 (4) If a fetal PRENATAL death occurs without medical

9 attendance at or after the delivery or if inquiry is required by

10 the COUNTY medical examiner, the attendant, mother, or other

11 person having knowledge of the fetal PRENATAL death shall

12 notify the COUNTY medical examiner who shall investigate the

13 cause and prepare and file the report.

14 (5) The reports required under this section are statistical

15 reports to be used only for medical and health purposes and shall

16 not be incorporated into the permanent official records of the

17 system of vital statistics. A schedule for the disposition of

18 these reports shall be provided for by the department.

19 (6) The department or any AN employee of the department

20 shall not disclose to any person outside the department, the

21 reports or the contents of the reports required by this section

22 in any manner or fashion so as to permit the person or entity to

23 whom the report is disclosed to identify in any way the biologi-

24 cal parents.

25 (7) THE DEPARTMENT SHALL DEVELOP AND DISTRIBUTE A CERTIFI-

26 CATE OF PRENATAL DEATH FOR USE BY FUNERAL DIRECTORS AND COUNTY

27 MEDICAL EXAMINERS AND BY HEALTH PROFESSIONALS AND HEALTH

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1 FACILITIES UNDER SECTIONS 16283 AND 20189. THE DEPARTMENT SHALL

2 PHYSICALLY COMBINE THE CERTIFICATE OF PRENATAL DEATH WITH THE

3 AUTHORIZATION FOR THE FINAL DISPOSITION OF A DEAD INFANT FORM

4 DESCRIBED IN SECTION 2848(6). THE DEPARTMENT SHALL INCLUDE

5 SPACES FOR ALL OF THE FOLLOWING INFORMATION ON THE CERTIFICATE OF

6 PRENATAL DEATH:

7 (A) THE NAME OF THE DEAD INFANT, IF IT WAS GIVEN A NAME BY

8 THE PARENT OR PARENTS.

9 (B) NUMBER OF WEEKS OF GESTATION COMPLETED.

10 (C) DATE OF DELIVERY AND WEIGHT AT TIME OF DELIVERY.

11 (D) THE NAME OF THE PARENT OR PARENTS.

12 (E) THE NAME OF THE HEALTH FACILITY IN WHICH THE DEAD INFANT

13 WAS DELIVERED OR THE NAME OF THE HEALTH PROFESSIONAL IN

14 ATTENDANCE IF THE DELIVERY WAS OUTSIDE A HEALTH FACILITY.

15 Sec. 2848. (1) Except as provided in sections 2844 and

16 2845, a funeral director or person acting as a funeral director,

17 who first assumes custody of a dead body, not later than 72 hours

18 after death or the finding of a dead body and before final dispo-

19 sition of the body, shall obtain authorization for the final

20 disposition. The authorization FOR FINAL DISPOSITION OF A DEAD

21 BODY shall be issued on a form prescribed by the state registrar

22 and signed by the local registrar or the state registrar. THE

23 AUTHORIZATION FOR DISPOSITION OF A DEAD INFANT SHALL BE ON A FORM

24 AS DESCRIBED IN SUBSECTION (6) AND SIGNED BY THE LOCAL REGISTRAR

25 OR THE STATE REGISTRAR.

26 (2) Before final disposition of a dead fetus INFANT,

27 irrespective of the duration of pregnancy, the funeral director

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1 or person assuming responsibility for the final disposition of

2 the fetus DEAD INFANT shall obtain from the parents, or parent

3 in case of an unmarried mother, an authorization for final dispo-

4 sition on a form prescribed and furnished or approved by the

5 state registrar DESCRIBED IN SUBSECTION (1). The authorization

6 may allow final disposition to be by a funeral director, the

7 individual in charge of the institution where the fetus DEAD

8 INFANT was delivered, or an institution or agency authorized to

9 accept donated bodies or fetuses under this code. After final

10 disposition, the funeral director, the individual in charge of

11 the institution, or other person making the final disposition

12 shall retain the permit for not less than 7 years.

13 (3) If final disposition is by cremation, the medical

14 examiner of the county in which death occurred shall sign the

15 authorization FOR FINAL DISPOSITION.

16 (4) A body may be moved from the place of death to be pre-

17 pared for final disposition with the consent of the physician or

18 COUNTY medical examiner who certifies the cause of death.

19 (5) A permit for disposition issued under the law of another

20 state which THAT accompanies a dead body or dead fetus INFANT

21 brought into this state is authorization for final disposition of

22 the DEAD body or fetus DEAD INFANT in this state.

23 (6) THE DEPARTMENT SHALL DEVELOP A FORM FOR THE AUTHORIZA-

24 TION FOR THE FINAL DISPOSITION OF A DEAD INFANT. THE FORM SHALL

25 BE ON THE SAME SHEET OF PAPER AS THE CERTIFICATE OF PRENATAL

26 DEATH DEVELOPED UNDER SECTION 2834(7). THE FORM AND THE

27 CERTIFICATE SHALL BE SEPARATED BY A PERFORATION.

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1 Sec. 2850. An individual in charge of premises in which

2 interments or other disposition of dead bodies is made shall not

3 inter or allow interment or other disposition of a dead body or

4 fetus DEAD INFANT unless it is accompanied by an authorization

5 for final disposition ON A FORM DESCRIBED IN SECTION 2848. An

6 individual in charge of a place for final disposition shall keep

7 a record of a final disposition made in the premises under his or

8 her charge. The record shall state the name of the deceased,

9 date and place of death, date of final disposition, and the name

10 and address of the funeral director or person acting as a funeral

11 director.

12 Sec. 2882. (1) Except as otherwise provided in

13 section 2890, upon written request and payment of the prescribed

14 fee, the state registrar or local registrar shall issue the

15 appropriate 1 of the following:

16 (a) A certified copy of a live birth record, a certificate

17 of registration containing the items indicated in section

18 2881(2), or a certified copy of documentary evidence on file in

19 the office of the state registrar that is not sealed under sec-

20 tion 2832 and that served as the basis for a change of a live

21 birth record to 1 of the following:

22 (i) The individual who is the subject of the live birth

23 record.

24 (ii) A parent named in the birth record.

25 (iii) An heir, a legal representative, or a legal guardian

26 of the individual who is the subject of the live birth record.

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1 (iv) A court of competent jurisdiction.

2 (b) If the live birth record is 110 or more years old, a

3 certified copy of the live birth record to any applicant.

4 (c) A certified copy of a death record, including the cause

5 of death, to any applicant.

6 (d) A certified copy of a marriage or divorce record to any

7 applicant, except as provided by rule.

8 (e) A certified copy of a fetal PRENATAL death record that

9 was filed before September 30, 1978, to any applicant.

10 (f) A certified copy of an acknowledgment of parentage that

11 was filed after January 1, 1997, to any applicant.

12 (2) Upon written request of an adult who has been adopted

13 and payment of the prescribed fee, the state registrar shall

14 issue to that individual a copy of his or her original certifi-

15 cate of live birth, if the written request identifies the name of

16 the adult adoptee and is accompanied by a copy of a central adop-

17 tion registry clearance reply form that was completed by the

18 family independence agency and delivered to that individual as

19 required by section 68(9) of the Michigan adoption code,

20 chapter X of 1939 PA 288, MCL 710.68.

21 (3) Upon written request of a confidential intermediary

22 appointed under section 68b of the Michigan adoption code, chap-

23 ter X of 1939 PA 288, MCL 710.68b, presentation of a certified

24 copy of the order of appointment, identification of the name of

25 the adult adoptee, and payment of the required fee, the state

26 registrar shall issue to the confidential intermediary a copy of

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1 the original certificate of live birth of the adult adoptee on

2 whose behalf the intermediary was appointed.

3 (4) A copy of the original certificate of live birth pro-

4 vided under subsection (2) or (3) shall have the following phrase

5 marked on the face of the copy: "This document is a copy of a

6 sealed record and is not the active birth certificate of the

7 individual whose name appears on this document".

8 SEC. 16283. A LICENSEE WHO IS IN ATTENDANCE AT THE DELIVERY

9 OF A DEAD INFANT OUTSIDE OF A HEALTH FACILITY, IN ADDITION TO

10 FILLING OUT A PRENATAL DEATH REPORT UNDER SECTION 2834, SHALL

11 FILL OUT A CERTIFICATE OF PRENATAL DEATH PROVIDED BY THE DEPART-

12 MENT OF COMMUNITY HEALTH UNDER SECTION 2834(7). THE LICENSEE

13 SHALL PRESENT THE COMPLETED ORIGINAL CERTIFICATE OF PRENATAL

14 DEATH TO THE PARENT OR PARENTS OF THE DEAD INFANT. THE LICENSEE

15 SHALL NOT RETAIN A COPY OF THE CERTIFICATE OR PROVIDE A COPY OF

16 THE CERTIFICATE TO ANOTHER PERSON WITHOUT THE WRITTEN CONSENT OF

17 THE PARENT OR PARENTS.

18 SEC. 20189. A HEALTH FACILITY IN WHICH A DEAD INFANT IS

19 DELIVERED, IN ADDITION TO FILLING OUT A PRENATAL DEATH REPORT

20 UNDER SECTION 2834, SHALL FILL OUT A CERTIFICATE OF PRENATAL

21 DEATH PROVIDED BY THE DEPARTMENT OF COMMUNITY HEALTH UNDER

22 SECTION 2834(7). THE HEALTH FACILITY SHALL PRESENT THE COMPLETED

23 ORIGINAL CERTIFICATE OF PRENATAL DEATH TO THE PARENT OR PARENTS

24 OF THE DEAD INFANT. THE HEALTH FACILITY SHALL NOT RETAIN A COPY

25 OF THE CERTIFICATE OR PROVIDE A COPY OF THE CERTIFICATE TO

26 ANOTHER PERSON WITHOUT THE WRITTEN CONSENT OF THE PARENT OR

27 PARENTS.

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