333.2843 Report of death by funeral director; "dead body" defined; personal data; medical certification; submission and filing of death record; deceased infant report; ne

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333.2843 Report of death by funeral director; "dead body" defined; personal data; medical certification; submission and filing of death record; deceased infant report; neglect or refusal to certify prohibited.

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.

History: 1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2002, Act 691 , Eff. Mar. 31, 2003 ;-- Am. 2013, Act 79 , Eff. Sept. 26, 2013 ;-- Am. 2026, Act 3 , Imd. Eff. Mar. 17, 2026

Popular Name: Act 368