PUBLIC HEALTH CODE (EXCERPT)
Act 368 of 1978
333.2843 Report of death by funeral director; “dead body” defined; personal data; medical certification; neglecting or refusing to sign death certificate as misdemeanor; penalty; filing of death record.
(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 medical certification shall be provided not later than 48 hours after the death by the physician, 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.
History: 1978, Act 368, Eff. Sept. 30, 1978
Am. 2002, Act 691, Eff. Mar. 31, 2003
Popular Name: Act 368
© 2009 Legislative Council, State of Michigan