SB-1563, As Passed Senate, November 10, 2010
SENATE BILL NO. 1563
(As amended, November 10, 2010)
<<A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 2803, 2804, 2834, 2848, and 13807 (MCL 333.2803,
333.2804, 333.2834, 333.2848, and 333.13807), sections 2803, 2834,
and 2848 as amended by 2002 PA 562, section 2804 as amended by
1990 PA 149, section 13807 as added by 1990 PA 21, and by adding
sections 2836 and 2854.>>
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2803. (1) "Abortion" means that term as defined in
(1) "Dead body" means a human body
or fetus, or a part of
a dead human body or fetus, in a condition from which it may
reasonably be concluded that death has occurred.
"Fetal death" means the death of a fetus which that
Senate Bill No. 1563 as amended November 10, 2010
has completed at least 20 weeks of gestation or weighs at least 400
grams. Fetal death includes a stillbirth. The definition shall
conform in all other respects as closely as possible to the
definition recommended by the federal agency responsible for vital
(4) "Fetal remains" means a dead fetus or part of a dead fetus
that has completed at least 8 weeks of gestation or has reached the
stage of development that, upon visual inspection of the fetus or
part of the fetus, the head, torso, or extremities appear to be
supported by skeletal or cartilaginous structures. Fetal remains do
not include the umbilical cord or placenta.
"File" means to present a certificate, report, or
other record to the local registrar provided for in this part for
registration by the state registrar.
"Final disposition" means the burial, cremation, or
disposition of a dead
human body or fetus fetal
Sec. 2804. (1) "Institution" means a public or private
which that provides inpatient medical, surgical, or
diagnostic care or treatment or nursing, custodial, or domiciliary
care to 2 or more unrelated individuals, including an establishment
to which individuals are committed by law.
(2) "Law enforcement agency" means a police agency of a city,
village, or township; a sheriff's department; the department of
state police; and any other governmental law enforcement agency.
(3) "Live birth" means a term defined by departmental rule
that shall conform as closely as possible to the
of live birth recommended by the federal agency responsible for
(4) "Local registrar" means the county clerk or the clerk's
deputy, or in the case of a city having a population of 40,000 or
more, the city clerk or city department designated by the governing
body of the city; or a registrar appointed pursuant to section
2814. Population shall be determined according to the latest
federal decennial census.
(5) "Medical waste" means that term as defined in section
(6) "Miscarriage" means the spontaneous expulsion of a
nonviable fetus before the twentieth week of gestation.
"Registration" means the acceptance by the state
registrar and the incorporation of certificates provided for in
this part into the official vital records.
2834. (1) A fetal death occurring in this state
, as defined
by section 2803, shall be reported
to the state registrar
within 5 days after delivery. The state registrar shall prescribe
the form and manner for reporting fetal deaths.
(2) The reporting form shall not contain the name of the
biological parents, common identifiers such as social security or
drivers license numbers or other information identifiers that would
make it possible to identify in any manner or in any circumstances
the biological parents of the fetus. A state agency shall not
compare data in an information system file with data in another
which that would result in identifying in any way a
woman or father involved in a fetal death. Statistical information
that may reveal the identity of the biological parents
involved in a fetal death shall not be maintained. This subsection
does not apply after June 1, 2003.
(3) If a dead fetus is delivered in an institution, the
individual in charge of the institution or his or her authorized
representative shall prepare and file the report and make
arrangements for the final disposition of the dead fetus in
accordance with section 2848 taking into account the expressed
wishes of the parents, or parent in case of an unmarried mother, as
long as those wishes do not conflict with any state or federal law,
rule, or regulation.
(4) If a dead fetus is delivered outside an institution, the
physician in attendance shall prepare and file the report and
inform the parents, or parent in case of an unmarried mother, that
state law requires that authorization be obtained before the final
disposition of a dead fetus resulting from a stillbirth and that
the parents or parent has a right to determine the final
disposition of the dead fetus.
(5) If a fetal death occurs without medical attendance at or
after the delivery or if inquiry is required by the medical
examiner, the attendant, mother, or other person having knowledge
of the fetal death shall notify the medical examiner who shall
investigate the cause and prepare and file the report.
(6) The reports required under this section and filed before
June 1, 2003 are confidential statistical reports to be used only
for medical and health purposes and shall not be incorporated into
the permanent official records of the system of vital statistics. A
schedule for the disposition of these reports shall be provided for
by the department. The department or any employee of the department
shall not disclose to any person outside the department the reports
or the contents of the reports required by this section and filed
before June 1, 2003 in any manner or fashion so as to permit the
person or entity to whom the report is disclosed to identify in any
way the biological parents.
(7) The reports required under this section and filed on or
after June 1, 2003 are permanent vital records documents and shall
incorporated into the system of vital statistics.
as described in
section 2805. Access to a fetal
death report or information
contained on a fetal death report shall be the same as to a live
birth record in accordance with sections 2882, 2883, and 2888.
(8) With information provided to the department under
subsection (7), the department shall create a certificate of
which that shall conform as nearly as possible to
recognized national standardized forms and shall include, but not
be limited to, the following information:
(a) The name of the fetus, if it was given a name by the
parent or parents.
(b) The number of weeks of gestation completed.
(c) The date of delivery and weight at the time of delivery.
(d) The name of the parent or parents.
(e) The name of the health facility in which the fetus was
delivered or the name of the health professional in attendance if
the delivery was outside a health facility.
(9) If a miscarriage occurs outside an institution and a
health professional is present or is immediately aware of the
miscarriage, then the health professional shall inform the parents,
or parent in the case of an unmarried mother, that state law
requires that authorization be obtained before the final
disposition of any fetal remains resulting from a miscarriage and
that the parents or parent has a right to determine the final
disposition of the fetal remains.
Sec. 2836. (1) Unless the mother has provided written consent
for research on the fetal remains in accordance with section 2688,
a physician who performs an abortion shall arrange for the final
disposition of the fetal remains resulting from the abortion. If
the fetal remains are disposed of by cremation, the fetal remains
shall be incinerated separately from any other medical waste.
However, this subsection does not prohibit the cremation of fetal
remains with other fetal remains resulting from an abortion.
(2) This section does not require a physician to discuss the
final disposition of the fetal remains with the mother prior to
performing the abortion, nor does it require a physician to obtain
authorization from the mother for the final disposition of the
fetal remains upon completion of the abortion.
Sec. 2848. (1) Except as provided in sections 2844 and 2845, a
funeral director or person acting as a funeral director, who first
assumes custody of a dead body, not later than 72 hours after death
or the finding of a dead body and before final disposition of the
body, shall obtain authorization for the final disposition. The
authorization for final disposition of a dead body shall be issued
on a form prescribed by the state registrar and signed by the local
registrar or the state registrar.
Before Unless written
consent for research has been
obtained in accordance with section 2688, before final disposition
of a dead fetus, irrespective of the duration of pregnancy, or
before final disposition of fetal remains resulting from a
miscarriage, the funeral director or person assuming responsibility
for the final disposition of the fetus or fetal remains shall
obtain from the parents, or parent in case of an unmarried mother,
an authorization for final disposition on a form prescribed and
furnished or approved by the state registrar. The authorization may
allow final disposition to be by a funeral director, the individual
in charge of the institution where the fetus was delivered or where
the fetal remains were miscarried, or an institution or agency
to accept donated bodies,
or fetuses, or fetal remains
code act. After final disposition, the funeral director,
the individual in charge of the institution, or other person making
the final disposition shall retain the permit for not less than 7
years. Nothing in this section as amended by the amendatory act
that added section 2836 requires a religious service or ceremony as
part of the final disposition of fetal remains.
(3) If final disposition is by cremation, the medical examiner
of the county in which death occurred shall sign the authorization
for final disposition.
(4) A body may be moved from the place of death to be prepared
for final disposition with the consent of the physician or county
medical examiner who certifies the cause of death.
(5) A permit for disposition issued under the law of another
state that accompanies a dead body or dead fetus brought into this
Senate Bill No. 1563 as amended November 10, 2010 (1 of 2)
state is authorization for final disposition of the dead body or
dead fetus in this state.
Sec. 2854. (1) A person who violates this part by failing to
obtain the proper authorization for final disposition as provided
under section 2848 is responsible for a state civil infraction as
provided under chapter 88 of the revised judicature act of 1961,
1961 PA 236, MCL 600.8801 to 600.8835, and may be ordered to pay a
civil fine of not more than $1,000.00 per violation.
(2) A person who suffers injury or damages as a result of a
person violating this part as described under subsection (1) may
bring a civil cause of action against that person to secure actual
damages, including damages for emotional distress, or other
<<Sec. 13807. (1) "Pathogen" means a microorganism that
(2) "Pathological waste" means human organs, tissues, body
parts other than teeth, products of conception, and fluids removed
by trauma or during surgery or autopsy or other medical procedure,
and not fixed in formaldehyde.
(3) "Point of generation" means the point at which medical
waste leaves the producing facility site.
(4) "Producing facility" means a facility that generates,
stores, decontaminates, or incinerates medical waste.
(5) "Products of conception" means any tissues or fluids,
placenta, umbilical cord, or other uterine contents resulting from
a pregnancy. Products of conception do not include a fetus or fetal
(5) "Release" means any spilling, leaking, pumping,
pouring, emitting, emptying, discharging, injecting, escaping,
leaching, dumping, or disposing of medical waste into the
environment in violation of this part.
(6) "Response activity" means an activity necessary to
protect the public health, safety, welfare, and the environment,
and includes, but is not limited to, evaluation, cleanup, removal, containment, isolation, treatment, monitoring, maintenance,
replacement of water supplies, and temporary relocation of people.
(7) "Sharps" means needles, syringes, scalpels, and
intravenous tubing with needles attached.
(8) "Storage" means the containment of medical waste in a
manner that does not constitute disposal of the medical waste.
(9) "Transport" means
the movement of medical waste from
the point of generation to any intermediate point and finally to
the point of treatment or disposal. Transport does not include the movement of medical waste from a health facility or agency to
another health facility or agency for the purposes of testing and research.>>
Enacting section 1. This amendatory act takes effect April 1,
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 95th Legislature are
enacted into law:
(a) Senate Bill No. 1561.
(b) Senate Bill No. 1562.