2024 House Bill 5663

Health: other; option for fetal remains to be given to family; provide for.

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2848 (MCL 333.2848), as amended by 2023 PA 209.

AI Analysis – Experimental

The legislative text amends the Public Health Code, specifically section 2848 of the 1978 PA 368, as amended by 2023 PA 209. The primary provisions of the bill mandate that a funeral director or person acting in that capacity must obtain authorization for the final disposition of a dead body within 72 hours after death or discovery, using a form prescribed by the state or local registrar. For the final disposition of a dead fetus, the bill requires written consent from the parents, or the mother if unmarried, unless the mother has consented to research on the fetus. The authorization form, provided by the state registrar, allows for various methods of disposition, including interment, cremation, or incineration, and must be retained for at least seven years. The bill also stipulates that if cremation is chosen, the county medical examiner must sign the authorization. Additionally, it allows for the movement of a body from the place of death with the consent of the certifying physician or medical examiner and recognizes permits for disposition issued by other states. A significant modification introduced by this bill is the requirement that parents be given the opportunity to elect the final disposition of a dead fetus delivered or miscarried in an institution if the fetus has completed less than 20 weeks of gestation or weighs under 400 grams.