SB-0025, As Passed Senate, October 20, 2011

SUBSTITUTE FOR

SENATE BILL NO. 25

     A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending sections 2803, 2804, and 2834 (MCL 333.2803, 333.2804,

and 333.2834), sections 2803 and 2834 as amended by 2002 PA 562 and

section 2804 as amended by 1990 PA 149.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 2803. (1) "Abortion" means that term as defined in

section 17015.

     (2) (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.

(3) (2) "Fetal death" means the death of a fetus which that

has completed at least 20 weeks of gestation or weighs at least 400

grams. The definition shall conform in all other respects as

closely as possible to the definition recommended by the federal

agency responsible for vital statistics.

     (4) "Fetal remains" means a dead fetus or part of a dead fetus

that has completed at least 10 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.

(5) (3) "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.

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

other disposition interment of a dead human body or fetus fetal

remains.

     Sec. 2804. (1) "Institution" means a public or private

establishment 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

which that shall conform as closely as possible to the definition

of live birth recommended by the federal agency responsible for

vital statistics.

     (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

13805.

     (6) "Miscarriage" means the spontaneous expulsion of a

nonviable fetus that has completed less than 20 weeks of gestation.

     (7) "Products of conception" means that term as defined in

section 13807.

(8) (5) "Registration" means the acceptance by the state

registrar and the incorporation of certificates provided for in

this part into the official vital records.

     Sec. 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 fetal death 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 computer system which that would result in

identifying in any way a woman or father involved in a fetal death.

Statistical information which 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 that has completed at least 20 weeks of

gestation is delivered in an institution, the individual in charge

of the institution or his or her authorized representative shall

prepare and file the fetal death report and make arrangements for

the final disposition of the dead fetus in accordance with section

2848.

     (4) If a dead fetus that has completed at least 20 weeks of

gestation is delivered outside an institution, the physician in

attendance shall prepare and file the fetal death report. If a

physician becomes aware of a fetal death or miscarriage that has

occurred outside an institution, the physician shall inform the

parents, or parent in case of an unmarried mother, that state law

requires the parents or parent to authorize the final disposition

of the dead fetus or fetal remains.

     (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 fetal death report.

Except as otherwise specifically provided, this section and section

2848 do not apply to a miscarriage that occurs outside an

institution.

     (6) The fetal death 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 fetal death reports required under this section and

filed on or after June 1, 2003 are permanent vital records

documents and shall be 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

stillbirth 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.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.

     Enacting section 2. This amendatory act does not take effect

unless Senate Bill No. 54 of the 96th Legislature is enacted into

law.