January 19, 2011, Introduced by Senator JONES and referred to the Committee on Judiciary.
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. 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
statistics.
(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.
(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
legal disposition 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 before the twentieth week of gestation.
(7) (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 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 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
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.
(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.
Enacting section 1. This amendatory act takes effect July 1,
2011.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 96th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No.____ (request no.
00292'11 a *).
(b) Senate Bill No.____ or House Bill No.____ (request no.
00295'11).