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SENATE BILL NO. 1067
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 2843 and 10205 (MCL 333.2843 and 333.10205),
section 2843 as amended by 2013 PA 79 and section 10205 as amended
by 2016 PA 71.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2843. (1) A funeral director who first assumes custody of 1
a dead body, either personally or through his or her the funeral 2
director's authorized agent, shall report the death. For purposes 3
of this subsection, "dead body" includes, but is not limited to, 4
June 23, 2026, Introduced by Senators SANTANA, WEBBER and HERTEL and referred to
Committee on Regulatory Affairs.
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the body of an infant who survived an attempted abortion as 1
described in the born alive infant protection act, 2002 PA 687, MCL 2
333.1071 to 333.1073, and who later died. The funeral director or 3
the authorized agent shall obtain the necessary personal data from 4
the next of kin or the best qualified individual or source 5
available and shall obtain medical certification as follows: 6
(a) If the death occurred outside an institution, the medical 7
certification portion of the death record shall must be completed 8
and certified not later than 48 hours after death by the attending 9
physician; or in the absence of the attending physician, by a 10
physician acting as the attending physician's authorized 11
representative; or in the absence of an authorized representative, 12
by the county medical examiner; or in the absence of the county 13
medical examiner, by the county health officer or the deputy county 14
medical examiner. If the death occurred in an institution, the 15
medical certification shall must be completed and signed not later 16
than 48 hours after death by the attending physician; or in the 17
absence of the attending physician, by a physician acting as the 18
attending physician's authorized representative; or in the absence 19
of an authorized representative, by the chief medical officer of 20
the institution in which death occurred, after reviewing pertinent 21
records and making other investigation as considered necessary, or 22
by a pathologist. 23
(b) A physician described in subdivision (a), who for himself 24
or herself personally or as an agent or employee of another 25
individual neglects or refuses to certify a death record properly 26
presented to him or her the physician for certification by a 27
funeral director or who refuses or neglects to furnish information 28
in his or her the physician's possession , is guilty of a 29
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misdemeanor punishable by imprisonment for not more than 60 days , 1
or a fine of not less than $25.00 nor or more than $100.00, or 2
both. 3
(2) A physician described in subsection (1)(a) shall provide 4
the medical certification described in subsection (1)(a) within 48 5
hours after the death. 6
(3) A death record shall must be certified by a funeral 7
director who is licensed under article 18 of the occupational code, 8
1980 PA 299, MCL 339.1801 to 339.1812, 339.1811, or by an 9
individual who holds a courtesy license under section 1806a of that 10
act, the occupational code, 1980 PA 299, MCL 339.1806a, and shall 11
must be filed with the local registrar of the district where the 12
death occurred within 72 hours after the death. 13
(4) Except as otherwise provided in this subsection, the death 14
of an infant who was born alive following an attempted abortion and 15
was surrendered to an emergency service provider under the safe 16
delivery of newborns law, sections 1 to 20 of chapter XII of the 17
probate code of 1939, 1939 PA 288, MCL 712.1 to 712.20, and then 18
died shall must be reported in the same manner as for any death. 19
However, the deceased infant shall must be listed as "Baby Doe" and 20
no information that would directly identify the deceased infant or 21
the deceased infant's parents shall must be reported, including, 22
but not limited to, the following information: 23
(a) The name of the mother or father. 24
(b) The address of the mother or father. 25
(c) The name of the informant. 26
(d) The address of the informant. 27
Sec. 10205. (1) Except as otherwise provided in subsections 28
(2) and (3), an individual who surgically removes a human organ for 29
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transplantation, implantation, infusion, injection, or any other 1
medical or scientific purpose shall perform the surgery only in 1 2
of the following facilities: 3
(a) A hospital licensed under article 17. 4
(b) A facility approved by the director of the department of 5
licensing and regulatory affairs under subsection (4). 6
(c) A facility operated by a federally designated organ 7
procurement organization for the state of Michigan.this state. 8
(2) An individual who surgically removes a human organ 9
consisting of tissue, a cornea, or a whole eye for transplantation, 10
implantation, infusion, injection, or any other medical or 11
scientific purpose shall perform the removal surgery only in 1 of 12
the following facilities or in a hospital or other facility 13
described in subsection (1): 14
(a) A mortuary that is part of a funeral establishment owned 15
or operated by the holder of a license for the practice of mortuary 16
science issued under article 18 of the occupational code, 1980 PA 17
299, MCL 339.1801 to 339.1812.339.1811. 18
(b) A morgue or a facility operated by a county medical 19
examiner appointed under 1953 PA 181, MCL 52.201 to 52.216. 20
(3) Subsections (1) and (2) do not apply to a licensed 21
allopathic physician or osteopathic physician who performs a biopsy 22
or the routine removal of human tissue from a patient in the 23
physician's private practice office or other health facility 24
licensed under article 17 for the diagnosis or treatment of that 25
patient and not for purposes of transplantation, implantation, 26
infusion, or injection. 27
(4) The director of the department of licensing and regulatory 28
affairs may promulgate rules to designate 1 or more approved 29
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facilities for purposes of subsection (1)(b). 1
(5) An individual who violates subsection (1) or (2) is guilty 2
of a felony. 3
Enacting section 1. This amendatory act does not take effect 4
unless Senate Bill No. 1060 of the 103rd Legislature is enacted 5
into law. 6