Bill Text: MI HB5902 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Health; vital records; reporting a live birth; amend to protect the confidentiality of parents who surrender a newborn under the safe delivery of newborns law. Amends sec. 2822 of 1978 PA 368 (MCL 333.2822).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-09-21 - Bill Electronically Reproduced 09/20/2016 [HB5902 Detail]

Download: Michigan-2015-HB5902-Introduced.html

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HOUSE BILL No. 5902

 

 

September 20, 2016, Introduced by Rep. Price and referred to the Committee on Health Policy.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 2822 (MCL 333.2822), as amended by 2002 PA 691.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2822. (1) The following individuals shall report a live

 

birth that occurs in this state:

 

     (a) If a live birth occurs in an institution or enroute to an

 

institution, the individual in charge of the institution or his or

 

her designated representative shall obtain the personal data,

 

prepare the certificate of birth, secure the signatures required by

 

the certificate of birth, and file the certificate of birth with

 

the local registrar or as otherwise directed by the state registrar

 

within 5 days after the birth. The physician or other individual in

 

attendance shall provide the medical information required by the

certificate of birth and certify to the facts of birth not later

 

than 72 hours after the birth. If the physician or other individual

 

does not certify to the facts of birth within 72 hours, the

 

individual in charge of the institution or his or her authorized

 

representative shall complete and certify the facts of birth.

 

     (b) If a live birth occurs outside an institution, the record

 

shall be prepared, certified, and filed with the local registrar by

 

1 of the following individuals in the following order of priority:

 

     (i) The physician in attendance at or immediately after the

 

live birth.

 

     (ii) Any other individual in attendance at or immediately

 

after the live birth.

 

     (iii) The father, the mother, or, in the absence of the father

 

and the inability of the mother, the individual in charge of the

 

premises where the live birth occurs.

 

     (c) If a newborn is surrendered under the safe delivery of

 

newborns law, chapter XII of the probate code of 1939, 1939 PA 288,

 

MCL 712.1 to 712.20, the live birth shall be reported in the same

 

manner as provided in subdivision (a), except that the parents

 

shall be listed as "unknown" and the newborn shall be listed as

 

"Baby Doe".

 

     (d) (c) If a live birth occurs during an attempted abortion

 

and the mother of the newborn has expressed a desire not to assume

 

custody and responsibility for the newborn by refusing to authorize

 

necessary life-sustaining medical treatment, the live birth shall

 

be reported as follows:

 

     (i) If the attempted abortion took place in an institution,

the live birth shall be reported in the same manner as provided in

 

subdivision (a), except that the parents shall be listed as

 

"unknown" and the newborn shall be listed as "Baby Doe".

 

     (ii) If the attempted abortion took place outside an

 

institution, the live birth shall be reported in the same manner as

 

provided in subdivision (b), except that the parents shall be

 

listed as "unknown" and the newborn shall be listed as "Baby Doe".

 

     (2) As used in this section, "abortion" means that term as

 

defined in section 17015."surrender" means that term as defined in

 

section 1 of the safe delivery of newborns law, chapter XII of the

 

probate code of 1939, 1939 PA 288, MCL 712.1.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.