Bill Text: MI HB5616 | 2021-2022 | 101st Legislature | Engrossed
Bill Title: Health: medical examiners; requirements for an investigation of the cause and manner of death; modify. Amends secs. 2 & 3 of 1953 PA 181 (MCL 52.202 & 52.203).
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2022-12-07 - Referred To Committee Of The Whole With Substitute (s-1) [HB5616 Detail]
Download: Michigan-2021-HB5616-Engrossed.html
Substitute For
HOUSE BILL NO. 5616
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 2 and 3 (MCL 52.202 and 52.203), as amended by 2012 PA 171.
the people of the state of michigan enact:
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, physician's assistant, or nurse practitioner within the 30 days immediately preceding the death, or the individual dies while under home hospice care without medical attendance by a physician, or a registered nurse, physician's assistant, or nurse practitioner during the 48 hours immediately preceding the time of death, unless the attending physician or his or her authorized designee, 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) In conducting an investigation under subsection (1) or (2), 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 a failure to obey a subpoena issued under this section as contempt of court.
(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.
(5) As used in this 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) "Nurse practitioner" means that term as defined in section 2804 of the public health code, 1978 PA 368, MCL 333.2804.
(c) (b) "Physician" means an individual licensed as a physician under part 170 or part 175 of the public health code, 1978 PA 368, MCL 333.17001 to 333.17084 333.17097 and 333.17501 to 333.17556.
(c) "Registered nurse" means an individual licensed as a registered professional nurse under part 172 of the public health code, 1978 PA 368, MCL 333.17201 to 333.17242.
(d) "Physician's assistant" means that term as defined in section 2804 of the public health code, 1978 PA 368, MCL 333.2804.
Sec. 3. (1) Except as otherwise provided in this section, a physician, an individual in charge of any hospital or institution, or any other individual who has first knowledge of any of the following shall immediately notify the county medical examiner or deputy county medical examiner of that fact:
(a) An individual who died suddenly, unexpectedly, accidentally, violently, or as the result of any suspicious circumstances.
(b) An individual who died without medical attendance during the 48 hours prior to the hour of death unless the attending physician or his or her authorized designee, if any, is able to determine accurately the cause of death.
(c) An individual who died as the result of what is commonly known as an abortion, whether self-induced or otherwise.
(2) If the physician, individual in charge of any hospital or institution, or other individual who has first knowledge of the death of an individual as described under subsection (1) has knowledge that there were 2 or more individuals involved in the same incident 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 deputy county medical examiner aware of that fact and whether or not any of those individuals survived that incident when notifying the county medical examiner or deputy county medical examiner of the death as required under subsection (1). If any of those individuals survived, the county medical examiner or deputy county medical examiner shall must also be informed which hospital or institution those individuals were taken to and the hospital or institution shall must also be made aware that the incident involved 2 or more individuals with similar attributes.
(3) If a physician, an individual in charge of any hospital or institution, or other individual with knowledge of the death of an individual as described under subsection (1) has knowledge that the death has already been reported to the county medical examiner or deputy county medical examiner under subsection (1), the physician, individual in charge of any hospital or institution, or other individual is not required to notify the county medical examiner or deputy county medical examiner of the death under subsection (1).
(4) If an elderly and vulnerable adult death review team is established under section 1c, a county medical examiner or deputy county medical examiner who receives notice of a death of an elderly or vulnerable adult who died unexpectedly or under suspicious circumstances may refer the case to the elderly and vulnerable adult death review team. Upon receipt of a referral under this subsection, the elderly and vulnerable adult death review team shall conduct a review of this matter. Information obtained under this subsection by an elderly and vulnerable adult death review team established under section 1c is confidential and may be disclosed by the elderly and vulnerable adult 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 elderly and vulnerable adult 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.
Enacting section 1. This amendatory act does not take effect unless House Bill No. 5615 of the 101st Legislature is enacted into law.
