HOUSE BILL No. 5222

 

December 13, 2011, Introduced by Rep. Haugh and referred to the Committee on Regulatory Reform.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending sections 2805 and 2850 (MCL 333.2805 and 333.2850),

 

section 2805 as amended by 1996 PA 307, and by adding section 2849.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2805. (1) "State registrar" means the official appointed

 

under section 2813 or his or her authorized representative.

 

     (2) "System of vital statistics" means the collection,

 

certification, compilation, amendment, coordination, and

 

preservation of vital records, including the tabulation, analysis,

 

and publication of vital statistics.

 

     (3) "Vital record" means a certificate or registration of

 

birth, death, disposition, marriage, or divorce; an acknowledgment

 

of parentage; or related data.


 

     (4) "Vital statistics" means data derived from vital records

 

and related reports.

 

     Sec. 2849. (1) A funeral director or person acting as a

 

funeral director under section 2848(1), or a funeral director or

 

person assuming final responsibility for the final disposition of a

 

fetus under section 2848(2), as applicable, is responsible for the

 

transportation of a dead body to the premises where the final

 

disposition will take place. A funeral director or, if section

 

2848(2) applies, the person assuming final responsibility for the

 

final disposition of the fetus shall remain with the dead body

 

until it is properly placed in the ground, crypt, cremation retort,

 

or designated medical school receiving area, as applicable.

 

     (2) Within 7 days after final disposition of a dead body, the

 

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

 

assuming final responsibility for the final disposition of a fetus

 

described in subsection (1) shall ensure that a certificate of

 

disposition, certified by a funeral director licensed under article

 

18 of the occupational code, 1980 PA 299, MCL 339.1801 to 339.1812,

 

is filed with the local registrar with which the death registration

 

for the dead body was filed.

 

     (3) The department shall prescribe the form of the certificate

 

of disposition described in subsection (2). A certificate of

 

disposition shall include all of the following:

 

     (a) The name of the deceased and the date and place of death.

 

     (b) The date of final disposition.

 

     (c) A copy of the authorization for final disposition under

 

section 2848.


 

     (d) The name, address, and signature of the individual who

 

transported the dead body under subsection (1).

 

     (e) The name, address, and signature of the individual who

 

remained with the dead body under subsection (1).

 

     (f) The name, address, and signature of the individual

 

described in section 2850.

 

     (g) The name and address of the funeral director that is

 

certifying the certificate of disposition.

 

     (h) Any other information required by the department.

 

     (4) If a certificate of disposition is filed with a local

 

registrar under subsection (2), the registrar shall provide a

 

certified copy of the filed certificate, without fee, to the

 

funeral director that certified the certificate and to the

 

individual described in section 2850. Each of them shall retain

 

that certified copy in his or her business records for at least 5

 

years.

 

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

 

interments or other disposition of dead bodies is made shall not

 

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

 

fetus unless it is accompanied by an authorization for final

 

disposition under section 2848.

 

     (2) An individual in charge of a place for final disposition

 

shall keep a record of a final disposition made in the premises

 

under his or her charge. The record shall state the name of the

 

deceased, date and place of death, date of final disposition, and

 

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

 

funeral director under section 2848(1), or the funeral director or


 

person assuming final responsibility for the final disposition of a

 

fetus under section 2848(2), as applicable.