Bill Text: MI SB0054 | 2011-2012 | 96th Legislature | Engrossed

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Bill Title: Health; death; final disposition of fetal remains; clarify authorization requirements and provide penalties for noncompliance. Amends secs. 2848 & 13807 of 1978 PA 368 (MCL 333.2848 & 333.13807) & adds secs. 2836 & 2854. TIE BAR WITH: SB 0025'11

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2011-10-20 - Referred To Committee On Health Policy [SB0054 Detail]

Download: Michigan-2011-SB0054-Engrossed.html

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SB-0054, As Passed Senate, October 20, 2011

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 54

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending sections 2848 and 13807 (MCL 333.2848 and 333.13807),

 

section 2848 as amended by 2002 PA 562 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. 2836. (1) All fetal remains resulting from abortions

 

shall be disposed of by means lawful for other dead bodies,

 

including burial, cremation, or interment. If the fetal remains

 

resulting from an abortion are disposed of by cremation, the fetal

 

remains shall be incinerated separately from any other medical

 

waste. However, this subsection does not prohibit the simultaneous

 

cremation of fetal remains with products of conception or other

 

fetal remains resulting from abortions.

 

     (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.

 

     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

 

miscarried, or an institution or agency authorized to accept

 

donated bodies, or fetuses, or fetal remains under this code act.

 

The funeral director, individual in charge of the institution, or

 

other person making the final disposition shall take into account

 

the express 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. 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. A person who violates this part by failing to

 

dispose of fetal remains resulting from an abortion as prescribed

 

in section 2836 or by failing to obtain the proper authorization

 

for final disposition of a dead body 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.

 

     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 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No. 25 of the 96th Legislature is enacted into

 

law.