SENATE BILL NO. 1178
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 2822, 2831, 2832, and 2891 (MCL 333.2822, 333.2831, 333.2832, and 333.2891), section 2822 as amended by 2017 PA 142, sections 2831 and 2832 as amended by 1996 PA 307, and section 2891 as amended by 2020 PA 209.
the people of the state of michigan enact:
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Sec. 2822. (1) The following individuals shall report a live birth that occurs in this state:
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(a) If Subject to subsection (2), 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 Subject to subsection (2), if a live birth occurs outside an institution, the record shall must 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 must be reported in the same manner as provided in subdivision (a), except that the parents
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shall must be listed as "unknown" and the newborn shall must be listed as "Baby Doe".
(d) 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 must be reported as follows:
(i) If the attempted abortion took place in an institution, the live birth shall must be reported in the same manner as provided in subdivision (a), except that the parents shall must be listed as "unknown" and the newborn shall must be listed as "Baby Doe".
(ii) If the attempted abortion took place outside an institution, the live birth shall must be reported in the same manner as provided in subdivision (b), except that the parents shall must be listed as "unknown" and the newborn shall must be listed as "Baby Doe".
(2) If an individual required to report a live birth under subsection (1)(a) or (b) receives a certification form described in section 9 o