SB 1067

SENATE BILL NO. 1067
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 2843 and 10205 (MCL 333.2843 and
333.10205), section 2843 as amended by 2013 PA 79 and section 10205 as amended
by 2016 PA 71.
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 the funeral
director's 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 must 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 must 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
described in subdivision (a), who for himself or
herself personally or as an agent or
employee of another individual neglects or refuses to certify a death record
properly presented to him or her the physician for certification by a funeral director
or who refuses or neglects to furnish information in his or her the
physician's 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 or more than
$100.00, or both.
(2) A physician
described in subsection (1)(a) shall provide the medical certification
described in subsection (1)(a) within 48 hours after the death.
(3) A death record shall must 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,
339.1811, or by an individual who holds
a courtesy license under section 1806a of that act,
the occupational code, 1980 PA 299, MCL
339.1806a, and shall must be filed with the local registrar of the
district where the death occurred 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 must be
reported in the same manner as for any death. However, the deceased infant shall must be
listed as "Baby Doe" and no information that would directly identify
the deceased infant or the deceased infant's parents shall must 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.
Sec. 10205. (1) Except as otherwise
provided in subsections (2) and (3), an individual who surgically removes a
human organ for transplantation, implantation, infusion, injection, or any
other medical or scientific purpose shall perform the surgery only in 1 of the
following facilities:
(a) A hospital
licensed under article 17.
(b) A facility
approved by the director of the department of licensing and regulatory affairs
under subsection (4).
(c) A facility
operated by a federally designated organ procurement organization for the state of Michigan.this
state.
(2) An individual
who surgically removes a human organ consisting of tissue, a cornea, or a whole
eye for transplantation, implantation, infusion, injection, or any other
medical or scientific purpose shall perform the removal surgery only in 1 of
the following facilities or in a hospital or other facility described in
subsection (1):
(a) A mortuary that
is part of a funeral establishment owned or operated by the holder of a license
for the practice of mortuary science issued under article 18 of the
occupational code, 1980 PA 299, MCL 339.1801 to 339.1812.339.1811.
(b) A morgue or a
facility operated by a county medical examiner appointed under 1953 PA 181, MCL
52.201 to 52.216.
(3) Subsections (1)
and (2) do not apply to a licensed allopathic physician or osteopathic
physician who performs a biopsy or the routine removal of human tissue from a
patient in the physician's private practice office or other health facility
licensed under article 17 for the diagnosis or treatment of that patient and
not for purposes of transplantation, implantation, infusion, or injection.
(4) The director of
the department of licensing and regulatory affairs may promulgate rules to
designate 1 or more approved facilities for purposes of subsection (1)(b).
(5) An individual
who violates subsection (1) or (2) is guilty of a felony.
Enacting section 1.
This amendatory act does not take effect unless Senate Bill No. 1060 of the
103rd Legislature is enacted into law.