Mich. Comp. Laws » Michigan Compiled Laws / Chapter 333 / Act 368 of 1978
Michigan Compiled Laws

Mich. Comp. Laws § 333.2843b (2026)

Actual knowledge of presence in deceased individual of infectious agent; notification of funeral director or authorized agent; refusal to render services prohibited; confidentiality; rules; violation as misdemeanor.

✓ current as of July 2026
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PUBLIC HEALTH CODE


Act 368 of 1978


333.2843b Actual knowledge of presence in deceased individual of infectious agent; notification of funeral director or authorized agent; refusal to render services prohibited; confidentiality; rules; violation as misdemeanor.

Sec. 2843b.

    (1) If, at the time of death, an individual who is required to complete the medical certification under section 2843(1) has actual knowledge of the presence in the deceased individual of an infectious agent, including acquired immunodeficiency syndrome-related virus, the individual who is required to complete the medical certification shall notify the funeral director or the funeral director's authorized agent of the appropriate infection control precautions to be taken. The notification required by this subsection must occur before the body is released to the funeral director or the funeral director's authorized agent. A funeral director or funeral director's authorized agent who receives notification under this subsection shall not refuse to render services as a result of having received the notification.

    (2) The information contained in the notification required by subsection (1) is confidential. A person who receives confidential information under this section shall disclose the information to others only to the extent consistent with the authorized purpose for which the information was obtained.

    (3) No later than August 6, 1986, the department shall submit for promulgation under section 48 of the administrative procedures act of 1969, MCL 24.248, rules that define the term "infectious agent" for purposes of this section.

    (4) The department may promulgate rules to administer this section.

    (5) A person who violates subsection (2) is guilty of a misdemeanor.

    

    

History: Add. 1986, Act 185, Imd. Eff. July 8, 1986 ;-- Am. 2026, Act 3, Imd. Eff. Mar. 17, 2026

Compiler's Notes:

    Subsection (1) of this section took effect September 2, 1986, the date emergency rules required by subsection (3) were promulgated by the Department of Public Health.

PopularName Notes:

Act 368
Notes of Decisions
Cited in 1 case, 2005–2005 · leading case: Echelon Homes, LLC v. Carter Lumber Co., 694 N.W.2d 544 (Mich. 2005).
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Echelon Homes, LLC v. Carter Lumber Co., 694 N.W.2d 544 (Mich. 2005). · cites it 2× “11151(5)(b) ("in proving the defendant's possession of actual knowledge, circumstantial evidence may be used"); MCL 333.2843b(1) ("a physician ... has actual knowledge"); MCL 333.”
— Mich. Comp. Laws § 333.2843b(1) — 1 case
Echelon Homes, LLC v. Carter Lumber Co., 694 N.W.2d 544 (Mich. 2005). “11151(5)(b) ("in proving the defendant's possession of actual knowledge, circumstantial evidence may be used"); MCL 333.2843b(1) ("a physician ... has actual knowledge"); MCL 333.”
— Mich. Comp. Laws § 333.2843b(l) — 1 case
Echelon Homes, LLC v. Carter Lumber Co., 694 N.W.2d 544 (Mich. 2005). “11151(5)(b) ("in proving the defendant's possession of actual knowledge, circumstantial evidence may be used"); MCL 333.2843b(1) ("a physician ... has actual knowledge"); MCL 333.”
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