Bill Text: MI HB4334 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Counties; employees and officers; county medical examiner to establish an elder death review team; allow. Amends secs. 1c, 2 & 3 of 1953 PA 181 (MCL 52.201c et seq.).

Spectrum: Partisan Bill (Democrat 25-0)

Status: (Introduced - Dead) 2011-03-01 - Printed Bill Filed 02/25/2011 [HB4334 Detail]

Download: Michigan-2011-HB4334-Introduced.html

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HOUSE BILL No. 4334

 

February 24, 2011, Introduced by Reps. Bauer, Darany, Slavens, Smiley, Liss, Santana, Tlaib, Barnett, Irwin, Geiss, Rutledge, Hovey-Wright, Oakes, Dillon, Haugh, Switalski, Segal, Townsend, Durhal, Brunner, Cavanagh, Meadows, McCann and Lipton and referred to the Committee on Families, Children, and Seniors.

 

     A bill to amend 1953 PA 181, entitled

 

"An act relative to investigations in certain instances of the

causes of death within this state due to violence, negligence or

other act or omission of a criminal nature or to protect public

health; to provide for the taking of statements from injured

persons under certain circumstances; to abolish the office of

coroner and to create the office of county medical examiner in

certain counties; to prescribe the powers and duties of county

medical examiners; to prescribe penalties for violations of the

provisions of this act; and to prescribe a referendum thereon,"

 

by amending sections 1c, 2, and 3 (MCL 52.201c, 52.202, and

 

52.203), section 2 as amended by 2004 PA 153 and section 3 as

 

amended by 2006 PA 569.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1c. (1) The county medical examiner shall be is in charge

 

of the office of the county medical examiner and may promulgate

 

rules relative to the conduct of his that office. The county

 

medical examiner may delegate any functions of his that office to a

 

duly appointed deputy county medical examiner if the deputy county

 

medical examiner is a licensed physician. If the deputy county

 

medical examiner is not a licensed physician, his or her functions

 

shall be are limited as provided by law.

 

     (2) The county medical examiner may establish an elder death

 

review team. The county medical examiner may develop protocols to

 

be used by the elder death review team in conducting a preliminary

 

investigation. If established, in addition to the county medical

 

examiner or deputy county medical examiner, the elder death review

 

team may consist of the county prosecutor, physicians and other

 

health care professionals including pathologists and nurses,

 

members of relevant state and local law enforcement agencies,

 

members representing the department of community health who are

 

involved with the licensing and regulation of long-term care

 

facilities, members representing the department of human services

 

who are involved with issues regarding adult protective services,

 

and others the county medical examiner considers appropriate.

 

     Sec. 2. (1) A county medical examiner or deputy county medical

 

examiner shall investigate the cause and manner of death of an

 

individual under each of the following circumstances:

 

     (a) The individual dies by violence.

 

     (b) The individual's death is unexpected.

 

     (c) The individual dies without medical attendance by a

 

physician, or the individual dies while under home hospice care

 

without medical attendance by a physician or a registered nurse,

 

during the 48 hours immediately preceding the time of death, unless

 

the attending physician, if any, is able to determine accurately

 

the cause of death.

 

     (d) The individual dies as the result of an abortion, whether

 

self-induced or otherwise.

 

     (2) If a prisoner in a county or city jail dies while

 

imprisoned, the county medical examiner or deputy county medical

 

examiner, upon being notified of the death of the prisoner, shall

 

examine the body of the deceased prisoner.

 

     (3) If an individual dies while in a long-term care facility

 

or while receiving medical or palliative care in his or her

 

residence by or through a hospice, home services agency, or home

 

health agency and the medical examiner is notified that the death

 

is unexpected or suspicious or appears to have been caused by abuse

 

or neglect, the county medical examiner or deputy county medical

 

examiner, upon being notified of that death, shall conduct an

 

investigation into the cause and manner of death and, if

 

established under section 1c, shall report the case to the elder

 

death review team.

 

     (4) (3) In conducting an investigation under subsection (1),

 

or (2), or (3), a county medical examiner or deputy county medical

 

examiner may request the circuit court to issue a subpoena to

 

produce medical records, books, papers, documents, or other items

 

related to the death being investigated. The circuit court may

 

punish failure to obey a subpoena issued under this section as

 

contempt of court.

 

     (5) (4) Medical records, books, papers, documents, or other

 

items that a county medical examiner or deputy county medical

 

examiner obtains in conducting an investigation under this act,

 

whether in response to a subpoena or otherwise, are exempt from

 

disclosure under the freedom of information act, 1976 PA 442, MCL

 

15.231 to 15.246.

 

     (6) (5) As used in this section act:

 

     (a) "Home hospice care" means a program of planned and

 

continuous hospice care provided by a hospice or a hospice

 

residence that consists of a coordinated set of services rendered

 

to an individual at his or her home on a continuous basis for a

 

disease or condition with a terminal prognosis.

 

     (b) "Long-term care facility" means 1 or more of the

 

following:

 

     (i) A home for the aged as defined in section 20106 of the

 

public health code, 1978 PA 368, MCL 333.20106.

 

     (ii) An adult foster care facility as defined in section 3 of

 

the adult foster care facility licensing act, 1979 PA 218, MCL

 

400.703.

 

     (iii) A nursing home as defined in section 20109 of the public

 

health code, 1978 PA 368, MCL 333.20109.

 

     (iv) A county medical care facility as defined in section 20104

 

of the public health code, 1978 PA 368, MCL 333.20104.

 

     (v) A hospital long-term care unit as defined in section 20106

 

of the public health code, 1978 PA 368, MCL 333.20106.

 

     (c) (b) "Physician" means a person licensed as a physician

 

under part 170 or part 175 of the public health code, 1978 PA 368,

 

MCL 333.17001 to 333.17084 and 333.17501 to 333.17556.

 

     (d) (c) "Registered nurse" means a person licensed as a

 

registered professional nurse under part 172 of the public health

 

code, 1978 PA 368, MCL 333.17201 to 333.17242.

 

     Sec. 3. (1) Any A physician, and any person an individual in

 

charge of any hospital or institution, or any person who shall have

 

other individual who has first knowledge of the death of any person

 

who shall have any of the following shall immediately notify the

 

county medical examiner or deputy of that fact:

 

     (a) An individual who died suddenly, unexpectedly,

 

accidentally, violently, or as the result of any suspicious

 

circumstances. , or

 

     (b) An individual who died without medical attendance during

 

the 48 hours prior to the hour of death unless the attending

 

physician, if any, is able to determine accurately the cause of

 

death. , or in any case of death due to

 

     (c) An individual who died as the result of what is commonly

 

known as an abortion, whether self-induced or otherwise. , shall

 

notify the county medical examiner or his or her deputy immediately

 

of the death.

 

     (d) An individual who died unexpectedly, under suspicious

 

circumstances, or as the result of abuse or neglect while a

 

resident of a long-term care facility or while receiving medical or

 

palliative care in his or her residence by or through a hospice,

 

home services agency, or home health agency.

 

     (2) If the physician, person individual in charge of any

 

hospital or institution, or other person individual who has first

 

knowledge of the death of a person an individual as described under

 

subsection (1) has knowledge that there were 2 or more individuals

 

involved in the same accident who were approximately the same age,

 

sex, height, weight, hair color, eye color, and race, then he or

 

she shall make the county medical examiner or his or her deputy

 

aware of that fact and whether or not any of those individuals

 

survived that accident when notifying the examiner or deputy of the

 

death as required under subsection (1). If any of those individuals

 

survived, the county medical examiner or his or her deputy shall

 

also be informed which hospital or institution those individuals

 

were taken to and the hospital or institution shall also be made

 

aware that the accident involved 2 or more individuals with similar

 

attributes.

 

     (3) If an elder death review team is established under section

 

1c, a county medical examiner or deputy who receives notice of a

 

death of an individual who died unexpectedly, under suspicious

 

circumstances, or as the result of abuse or neglect while a

 

resident of a long-term care facility or while receiving medical or

 

palliative care in his or her residence by or through a hospice,

 

home services agency, or home health agency shall refer the case to

 

the elder death review team. Upon receipt of a referral under this

 

subsection, the elder death review team shall conduct a preliminary

 

investigation to determine whether the death is unexpected or

 

suspicious or appears to have been caused by abuse or neglect.

 

Information obtained under this subsection by an elder death review

 

team established under section 1c is confidential and may be

 

disclosed by the elder death review team only to the county medical

 

examiner, the county prosecutor's office, local law enforcement, or

 

another elder death review team, as appropriate. The information

 

obtained under this subsection by an elder death review team

 

established under section 1c is exempt from disclosure under the

 

freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.