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Act No. 3
Public Acts of 2026
Approved by the Governor
March 17, 2026
Filed with the Secretary of State
March 17, 2026
EFFECTIVE DATE: March 17, 2026
STATE OF MICHIGAN
103RD LEGISLATURE
REGULAR SESSION OF 2026
Introduced by Reps. Rogers, Wozniak, Outman, Schmaltz, Rheingans, McKinney, Byrnes,
Andrews, Hoskins, Foreman, Longjohn, McFall, Glanville, Conlin, Miller, Neeley, Steckloff,
Brixie, Tsernoglou, Morgan and VanderWall
ENROLLED HOUSE BILL No. 4077
AN ACT to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise,
consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of
diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance
of personal, environmental, and other health services and activities; to create or con tinue, and prescribe the
powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to
prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and
agencies affecting the public health; to regulate health maintenance organizations and certain third party
administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes
against certain health facilities or age ncies; to promote the efficient and economical delivery of health care
services, to provide for the appropriate utilization of health care facilities and services, and to provide for the
closure of hospitals or consolidation of hospitals or services; to pr ovide for the collection and use of data and
information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and
prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to pro vide for the
implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this
act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts;
to repea l certain parts of this act; and to repeal certain parts of this act on specific dates, ” by amending
sections 2804, 2843, 2843b, 2844, and 16221 (MCL 333.2804, 333.2843, 333.2843b, 333.2844, and 333.16221),
section 2804 as amended by 2012 PA 499, section 2843 as amended by 2013 PA 79, section 2843b as added by
1986 PA 185, and section 16221 as amended by 2023 PA 209.
The People of the State of Michigan enact:
Sec. 2804. (1) “Institution” means a public or private establishment 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 that term as defined in section 1 of the born alive infant protection act, 2002 PA 687,
MCL 333.1071.
(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 under section 2814. Population must be determined according to the latest federal decennial census.
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(5) “Miscarriage” means the spontaneous expulsion of a nonviable fetus that has completed less than 20 weeks
of gestation.
(6) “Physician” means a physician licensed under part 170 or part 175.
(7) “Registration” means the acceptance by the state registrar and the incorporation of certificates provided
for in this part into the official vital records.
Sec. 2843. (1) A funeral director who first assumes custody of a dead body, either personally or through the
funeral director’s 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, 2002 PA 687, MCL 333.1071 to 333.1073, 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) Subject to subdivision (c), if the death occurred outside an institution, the medical certification portion of
the death record must be completed and certified not later than 48 hours after death by 1 of the following:
(i) The physician who was in charge of the decedent ’s care for the illness or condition that resulted in the
decedent’s death.
(ii) In the absence of the physician under subparagraph (i), a physician acting as the authorized representative
of the physician described under subparagraph (i).
(b) Subject to subdivision (c), if the death occurred in an institution, the medical certification portion of the
death record must be completed and certified not later than 48 hours after death by 1 of the following:
(i) The attending physician.
(ii) In the absence of the attending physician described under subparagraph (i), any of the following:
(A) A physician acting as the authorized representative of the physician described in subparagraph (i).
(B) The chief medical officer of the institution in which the death occurred after the chief medical officer
reviews pertinent records and makes other investigations considered necessary.
(C) A pathologist.
(c) Notwithstanding subdivisions (a) and (b), if an investigation is required under section 2 of 1953 PA 181,
MCL 52.202, the medical certification portion of the death record must be completed and certified by the county
medical examiner as provided in section 2844.
(2) The report described in subsection (1) must be submitted using the web -based application system
established by the department for the registration of deaths. Beginning 1 year after the effective date of the
amendatory act that added this sentence, the medical certification described in subsection (1) must be submitted
using the web -based application system established by the department for the registration of deaths. An
individual who completes medical certifications under subsection (1) shall first complete training provided by the
department to use the web-based application system for the registration of deaths.
(3) A death record must be certified by a funeral director who is licensed under article 18 of the occupational
code, 1980 PA 299, MCL 339.1801 to 339.1812, or by an individual who holds a courtesy license under
section 1806a of the occupational code, 1980 PA 299, MCL 339.1806a, and must be filed with the local registrar
of the district where the death occurred within 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, chapter XII of the probate code of 1939, 1939 PA 288, MCL 712.1 to 712.20, and then died must be reported
in the same manner as for any death. However, the deceased infant must 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.
(5) A physician who is described in subsection (1)(a) or (b) and who is properly presented a medical certification
by a funeral director, shall not neglect or refuse to certify the death record and shall not neglect or refuse to
furnish information in the physician’s possession to the funeral director.
Sec. 2843b. (1) If, at the time of death, an individual who is required to complete the medical certification
under section 2843(1) has actual knowledge of the presence in the deceased individual of an infectious agent,
including acquired immunodeficiency syndrome -related virus, the individual who is required to complete the
medical certification shall notify the funeral director or the funeral director’s authorized agent of the appropriate
infection control precautions to be taken. The notification required by this subsection must occur before the body
is released to the funeral director or the funeral director’s authorized agent. A funeral director or funeral director’s
authorized agent who receives notification under this subsection shall not refuse to render services as a result of
having received the notification.
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(2) The information contained in the notification required by subsection (1) is confidential. A person who
receives confidential information under this section shall disclose the information to others only to the extent
consistent with the authorized purpose for which the information was obtained.
(3) No later than August 6, 1986, the department shall submit for promulgation under section 48 of the
administrative procedures act of 1969, MCL 24.248, rules that define the term “infectious agent” for purposes of
this section.
(4) The department may promulgate rules to administer this section.
(5) A person who violates subsection (2) is guilty of a misdemeanor.
Sec. 2844. (1) If an investigation is required under 1953 PA 181, MCL 52.201 to 52.216, the county medical
examiner shall determine the cause of death and shall complete and sign the medical certification within 48 hours
after taking charge of the case.
(2) If the cause of death cannot be determined within 48 hours after death, the medical certification may be
completed as provided by the department. The funeral director in custody of the body must be given notice of the
reason for the delay by and final disposition must not be made until authorized by 1 of the following individuals:
(a) The attending physician or county medical examiner.
(b) The attending physician’s authorized representative.
Sec. 16221. Subject to section 16221b, the department shall investigate any allegation that 1 or more of the
grounds for disciplinary subcommittee action under this section exist, and may investigate activities related to
the practice of a health professio n by a licensee, a registrant, or an applicant for licensure or registration. The
department may hold hearings, administer oaths, and order the taking of relevant testimony. After its
investigation, the department shall provide a copy of the administrative complaint to the appropriate disciplinary
subcommittee. The disciplinary subcommittee shall proceed under section 16226 if it finds that 1 or more of the
following grounds exist:
(a) Except as otherwise specifically provided in this section, a violation of general duty, consisting of negligence
or failure to exercise due care, including negligent delegation to or supervision of employees or other individuals,
whether or not injury results, or any conduct, practice, or condition that impairs, or may impair, the ability to
safely and skillfully engage in the practice of the health profession.
(b) Personal disqualifications, consisting of 1 or more of the following:
(i) Incompetence.
(ii) Subject to sections 16165 to 16170a, substance use disorder as that term is defined in section 100d of the
mental health code, 1974 PA 258, MCL 330.1100d.
(iii) Mental or physical inability reasonably related to and adversely affecting the licensee ’s or registrant ’s
ability to practice in a safe and competent manner.
(iv) Declaration of mental incompetence by a court of competent jurisdiction.
(v) Conviction of a misdemeanor punishable by imprisonment for a maximum term of 2 years; conviction of a
misdemeanor involving the illegal delivery, possession, or use of a controlled substance; or conviction of any felony
other than a felony listed or desc ribed in another subparagraph of this subdivision. A certified copy of the court
record is conclusive evidence of the conviction.
(vi) Lack of good moral character.
(vii) Conviction of a criminal offense under section 520e or 520g of the Michigan penal code, 1931 PA 328,
MCL 750.520e and 750.520g. A certified copy of the court record is conclusive evidence of the conviction.
(viii) Conviction of a violation of section 492a of the Michigan penal code, 1931 PA 328, MCL 750.492a.
A certified copy of the court record is conclusive evidence of the conviction.
(ix) Conviction of a misdemeanor or felony involving fraud in obtaining or attempting to obtain fees related to
the practice of a health profession. A certified copy of the court record is conclusive evidence of the conviction.
(x) Final adverse administrative action by a licensure, registration, disciplinary, or certification board
involving the holder of, or an applicant for, a license or registration regulated by another state or a territory of
the United States, by the United States military, by the federal government, or by another country. A certified
copy of the record of the board is conclusive evidence of the final action.
(xi) Conviction of a misdemeanor that is reasonably related to or that adversely affects the licensee ’s or
registrant’s ability to practice in a safe and competent manner. A certified copy of the court record is conclusive
evidence of the conviction.
(xii) Conviction of a violation of section 430 of the Michigan penal code, 1931 PA 328, MCL 750.430. A certified
copy of the court record is conclusive evidence of the conviction.
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(xiii) Conviction of a criminal offense under section 83, 84, 316, 317, 321, 520b, 520c, 520d, or 520f of the
Michigan penal code, 1931 PA 328, MCL 750.83, 750.84, 750.316, 750.317, 750.321, 750.520b, 750.520c, 750.520d,
and 750.520f. A certified copy of the court record is conclusive evidence of the conviction.
(xiv) Conviction of a violation of section 136 or 136a of the Michigan penal code, 1931 PA 328, MCL 750.136
and 750.136a. A certified copy of the court record is conclusive evidence of the conviction.
(xv) Conviction of a violation of section 90 of the Michigan penal code, 1931 PA 328, MCL 750.90, or a violation
of a state or federal crime that is substantially similar to the violation described in this subparagraph. A certified
copy of the court record is conclusive evidence of the conviction.
(c) Prohibited acts, consisting of 1 or more of the following:
(i) Fraud or deceit in obtaining or renewing a license or registration.
(ii) Permitting a license or registration to be used by an unauthorized person.
(iii) Practice outside the scope of a license.
(iv) Obtaining, possessing, or attempting to obtain or possess a controlled substance or a drug as that term is
defined in section 7105 without lawful authority; or selling, prescribing, giving away, or administering drugs for
other than lawful diagnostic or therapeutic purposes.
(d) Except as otherwise specifically provided in this section, unethical business practices, consisting of 1 or
more of the following:
(i) False or misleading advertising.
(ii) Dividing fees for referral of patients or accepting kickbacks on medical or surgical services, appliances, or
medications purchased by or in behalf of patients.
(iii) Fraud or deceit in obtaining or attempting to obtain third-party reimbursement.
(e) Except as otherwise specifically provided in this section, unprofessional conduct, consisting of 1 or more of
the following:
(i) Misrepresentation to a consumer or patient or in obtaining or attempting to obtain third -party
reimbursement in the course of professional practice.
(ii) Betrayal of a professional confidence.
(iii) Promotion for personal gain of an unnecessary drug, device, treatment, procedure, or service.
(iv) Either of the following:
(A) A requirement by a licensee other than a physician or a registrant that an individual purchase or secure a
drug, device, treatment, procedure, or service from another person, place, facility, or business in which the licensee
or registrant has a financial interest.
(B) A referral by a physician for a designated health service that violates 42 USC 1395nn or a regulation
promulgated under that section. For purposes of this subdivision, 42 USC 1395nn and the regulations
promulgated under that section as they exist on Ju ne 3, 2002 are incorporated by reference. A disciplinary
subcommittee shall apply 42 USC 1395nn and the regulations promulgated under that section regardless of the
source of payment for the designated health service referred and rendered. If 42 USC 1395nn or a regulation
promulgated under that section is revised after June 3, 2002, the department shall officially take notice of the
revision. Within 30 days after taking notice of the revision, the department shall decide whether or not the
revision pertains to referral by physicians for designated health services and continues to protect the public from
inappropriate referrals by physicians. If the department decides that the revision does both of those things, the
department may promulgate rules to incorpor ate the revision by reference. If the department does promulgate
rules to incorporate the revision by reference, the department shall not make any changes to the revision. As used
in this sub -subparagraph, “designated health service ” means that term as defined in 42 USC 1395nn and the
regulations promulgated under that section and “physician” means that term as defined in sections 17001 and
17501.
(v) For a physician who makes referrals under 42 USC 1395nn or a regulation promulgated under that section,
refusing to accept a reasonable proportion of patients eligible for Medicaid and refusing to accept payment from
Medicaid or Medicare as payment in full for a treatment, procedure, or service for which the physician refers the
individual and in which the physician has a financial interest. A physician who owns all or part of a facility in
which the physician provides surgical services is not subject to this subparagraph if a referred surgical procedure
the physician performs in the facility is not reimbursed at a minimum of the appropriate Medicaid or Medicare
outpatient fee schedule, including the combined technical and professional components.
(vi) Any conduct by a licensee or registrant with a patient while the licensee or registrant is acting within the
health profession for which the licensee or registrant is licensed or registered, including conduct initiated by a
patient or to which the patient consents, that is sexual or may reasonably be interpreted as sexual, including, but
not limited to, sexual intercourse, kissing in a sexual manner, or touching of a body part for any purpose other
than appropriate examination, treatment, or comfort.
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(vii) Offering to provide practice-related services, such as drugs, in exchange for sexual favors.
(viii) A violation of section 16655(4) by a dental therapist.
(f) Failure to notify under section 16222(3) or (4).
(g) Failure to report a change of name or mailing address as required in section 16192.
(h) A violation, or aiding or abetting in a violation, of this article or of a rule promulgated under this article.
(i) Failure to comply with a subpoena issued pursuant to this part, failure to respond to a complaint issued
under this article, article 7, or article 8, failure to appear at a compliance conference or an administrative hearing,
or failure to report under section 16222(1) or 16223.
(j) Failure to pay an installment of an assessment levied under the insurance code of 1956, 1956 PA 218,
MCL 500.100 to 500.8302, within 60 days after notice by the appropriate board.
(k) A violation of section 17013 or 17513.
(l) Failure to meet 1 or more of the requirements for licensure or registration under section 16174.
(m) A violation of section 17015, 17015a, or 17515.
(n) Failure to comply with section 2843(5) or 9206(3).
(o) A violation of section 5654 or 5655.
(p) A violation of section 16274.
(q) A violation of section 17020 or 17520.
(r) A violation of the medical records access act, 2004 PA 47, MCL 333.26261 to 333.26271.
(s) A violation of section 17764(2).
(t) Failure to comply with the terms of a practice agreement described in section 17047(2)(a) or (b), 17547(2)(a)
or (b), or 18047(2)(a) or (b).
(u) A violation of section 7303a(2).
(v) A violation of section 7303a(4) or (5).
(w) A violation of section 7303b.
(x) A violation of section 17754a.
(y) Beginning January 1, 2021, a violation of section 24507 or 24509.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved___________________________________________
____________________________________________________
Governor