Bill Text: MI HB4119 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Health; medical waste; final disposition of fetal remains; define, clarify authorization requirements, and provide penalties for noncompliance. Amends secs. 2803, 2804, 2834, 2848 & 13807 of 1978 PA 368 (MCL 333.2803 et seq.) & adds secs. 2836 & 2854. TIE BAR WITH: HB 4120'11

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-01-25 - Printed Bill Filed 01/21/2011 [HB4119 Detail]

Download: Michigan-2011-HB4119-Introduced.html

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HOUSE BILL No. 4119

 

January 20, 2011, Introduced by Rep. Potvin and referred to the Committee on Health Policy.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending sections 2803, 2804, 2834, 2848, and 13807 (MCL

 

333.2803, 333.2804, 333.2834, 333.2848, and 333.13807), sections

 

2803, 2834, and 2848 as amended by 2002 PA 562, section 2804 as

 

amended by 1990 PA 149, and section 13807 as added by 1990 PA 21,

 

and by adding sections 2836 and 2854.

 

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.

 

     Sec. 2836. (1) Unless the mother has provided written consent

 

for research on the fetal remains in accordance with section 2688,

 

a physician who performs an abortion shall arrange for the final

 

disposition of the fetal remains resulting from the abortion. If

 

the fetal remains are disposed of by cremation, the fetal remains

 

shall be incinerated separately from any other medical waste.

 

However, this subsection does not prohibit the cremation of fetal

 

remains with other fetal remains resulting from an abortion.

 

     (2) This section does not require a physician to discuss the

 

final disposition of the fetal remains with the mother prior to

 

performing the abortion, nor does it require a physician to obtain

 

authorization from the mother for the final disposition of the

 

fetal remains upon completion of the abortion.

 

     (3) A person who violates this section is guilty of a felony

 

punishable by imprisonment for not more than 3 years or a fine of

 

not more than $5,000.00, or both.

 

     Sec. 2848. (1) Except as provided in sections 2844 and 2845, a

 

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

 

assumes custody of a dead body, not later than 72 hours after death

 

or the finding of a dead body and before final disposition of the

 

body, shall obtain authorization for the final disposition. The

 

authorization for final disposition of a dead body shall be issued

 

on a form prescribed by the state registrar and signed by the local

 

registrar or the state registrar.

 

     (2) Before Unless written consent for research has been

 

obtained in accordance with section 2688, before final disposition

 

of a dead fetus, irrespective of the duration of pregnancy, or

 

before final disposition of fetal remains resulting from a

 

miscarriage, the funeral director or person assuming responsibility

 

for the final disposition of the fetus or fetal remains shall

 

obtain from the parents, or parent in case of an unmarried mother,

 

an authorization for final disposition on a form prescribed and

 

furnished or approved by the state registrar. The authorization may

 

allow final disposition to be by a funeral director, the individual

 

in charge of the institution where the fetus was delivered or where

 

the fetal remains were miscarried, or an institution or agency

 

authorized to accept donated bodies, or fetuses, or fetal remains

 

under this code act. After final disposition, the funeral director,

 

the individual in charge of the institution, or other person making

 

the final disposition shall retain the permit for not less than 7

 

years. Nothing in this section as amended by the amendatory act

 

that added this sentence requires a religious service or ceremony

 

as part of the final disposition of fetal remains.

 

     (3) If final disposition is by cremation, the medical examiner

 

of the county in which death occurred shall sign the authorization

 

for final disposition.

 

     (4) A body may be moved from the place of death to be prepared

 

for final disposition with the consent of the physician or county

 

medical examiner who certifies the cause of death.

 

     (5) A permit for disposition issued under the law of another

 

state that accompanies a dead body or dead fetus brought into this

 

state is authorization for final disposition of the dead body or

 

dead fetus in this state.

 

     Sec. 2854. (1) A person who violates this part by failing to

 

obtain the proper authorization for final disposition as provided

 

under section 2848 is responsible for a state civil infraction as

 

provided under chapter 88 of the revised judicature act of 1961,

 

1961 PA 236, MCL 600.8801 to 600.8835, and may be ordered to pay a

 

civil fine of not more than $1,000.00 per violation.

 

     (2) A person who suffers injury or damages as a result of a

 

person violating this part as described under subsection (1) may

 

bring a civil cause of action against that person to secure actual

 

damages, including damages for emotional distress, or other

 

appropriate relief.

 

     Sec. 13807. (1) "Pathogen" means a microorganism that produces

 

disease.

 

     (2) "Pathological waste" means human organs, tissues, body

 

parts other than teeth, products of conception, and fluids removed

 

by trauma or during surgery or autopsy or other medical procedure,

 

and not fixed in formaldehyde.

 

     (3) "Point of generation" means the point at which medical

 

waste leaves the producing facility site.

 

     (4) "Producing facility" means a facility that generates,

 

stores, decontaminates, or incinerates medical waste.

 

     (5) "Products of conception" means any tissues or fluids,

 

placenta, umbilical cord, or other uterine contents resulting from

 

a pregnancy. Products of conception do not include a fetus or fetal

 

body parts.

 

     (6) (5) "Release" means any spilling, leaking, pumping,

 

pouring, emitting, emptying, discharging, injecting, escaping,

 

leaching, dumping, or disposing of medical waste into the

 

environment in violation of this part.

 

     (7) (6) "Response activity" means an activity necessary to

 

protect the public health, safety, welfare, and the environment,

 

and includes, but is not limited to, evaluation, cleanup, removal,

 

containment, isolation, treatment, monitoring, maintenance,

 

replacement of water supplies, and temporary relocation of people.

 

     (8) (7) "Sharps" means needles, syringes, scalpels, and

 

intravenous tubing with needles attached.

 

     (9) (8) "Storage" means the containment of medical waste in a

 

manner that does not constitute disposal of the medical waste.

 

     (10) (9) "Transport" means the movement of medical waste from

 

the point of generation to any intermediate point and finally to

 

the point of treatment or disposal. Transport does not include the

 

movement of medical waste from a health facility or agency to

 

another health facility or agency for the purposes of testing and

 

research.

 

     Enacting section 1. This amendatory act takes effect July 1,

 

2011.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No. _____ or House Bill No. 4120(request no.

 

00409'11 a) of the 96th Legislature is enacted into law.