January 26, 2005, Introduced by Senators GARCIA, GOSCHKA and CROPSEY and referred to the Committee on Health Policy.
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, 3, and 5 (MCL 52.202, 52.203, and 52.205),
section 2 as amended by 2004 PA 153 and section 5 as amended by
1980 PA 401, and by adding section 5b.
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, 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.
(e) The individual dies as the result of 1 or more injuries
suspected to have been caused by a fire.
(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
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 section:
(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) "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.
(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. Any physician and any person A physician, an
individual in charge of any a
hospital or institution other
health
facility, or any person another individual who shall have
has first knowledge of the death of any person 1 or more of the
following shall immediately notify the county medical examiner or
deputy county medical examiner of that fact:
(a)
An individual who shall have died
suddenly,
unexpectedly,
accidentally, violently, or as the result of any
suspicious
circumstances. , or
(b) An individual who died as a result of 1 or more injuries
suspected to have been caused by a fire.
(c) An individual who died without medical attendance during
the
48 hours prior to immediately
preceding 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
(d) An individual who died as a result of what is commonly
known
as an abortion, whether self-induced or otherwise. , shall
notify
the county medical examiner or his deputy immediately of the
death.
Sec.
5. (1) When If a county medical examiner or deputy
county medical
examiner has notice that there
has been found
within
his or her county or district the
body of a person an
individual who is supposed to have come to his or her
death may
have
died in a manner as indicated described
in section 3 has
been found within the county medical examiner's geographical
jurisdiction, the county medical examiner or deputy county medical
examiner shall take charge of the body. ,
and if, on view of If
after
examining the body and personal
inquiry into investigating
the
cause and manner of the death , the county medical examiner
or deputy county medical examiner considers a further examination
necessary,
the county medical examiner or a deputy he or she may
cause the dead body to be removed to the public morgue. If the
investigation
is solely for the reason only that the dead person
individual had no medical attendance during the
48 hours before
immediately
preceding the hour of death, and if the
dead person
individual had chosen not to have medical attendance because of his
or
her bona fide held religious convictions, removal shall is not
be
required unless there is evidence
of other conditions
stipulated
described in section 3. If
there is no public morgue,
then
the body may be removed to a
private morgue as designated
by the county medical examiner has designated or deputy county
medical examiner.
(2) The county medical examiner or deputy county medical
examiner may designate a person medical examiner investigator
appointed
pursuant to under section 1a(2) to take charge of the
body, make pertinent inquiry, note the circumstances surrounding
the death, and, if considered necessary, cause the body to be
transported to the morgue for examination by the county medical
examiner or deputy county medical examiner. The county medical
examiner or deputy county medical examiner shall maintain a list of
persons
medical examiner investigators
appointed pursuant to
under section 1a(2) and their qualifications, which
and shall be
filed
file the list with the local
law enforcement agencies. The
person
A medical examiner investigator
appointed pursuant to
under section 1a(2) shall not be an agent or employee of any
a
person
or funeral establishment licensed under Act No. 268 of the
Public
Acts of 1949, as amended, being sections 338.861 to 338.875
of
the Michigan Compiled Laws article 18 of the
occupational code,
1980 PA 299, MCL 339.1801 to 339.1812, receive, directly or
indirectly,
any remuneration in connection with the disposition
of
the body, or make any funeral or burial arrangements
without
approval
of the next of kin, if they are found known, or the
person
individual responsible for
the funeral expenses.
(3)
The Except as otherwise
provided in section 5b, the
county medical examiner may perform or direct to be performed an
autopsy and shall carefully reduce or cause to be reduced to
writing
every each fact and circumstance tending to show the
condition
of the body and the cause and manner of death, together
with
and shall include in that writing the names and addresses of
any
persons each individual present at the autopsy. , which
record
he or she shall subscribe. The individual performing the
autopsy shall subscribe the writing described in this subsection.
(4) Except as otherwise provided in this subsection or section
5b, upon receipt of a written request from a law enforcement agency
or prosecuting attorney investigating the death of an individual
who died as a result of 1 or more injuries suspected to have been
caused by a fire, the county medical examiner or his or her
designee shall perform an autopsy upon the body of the individual.
If the county medical examiner does not perform or order the
performance of an autopsy pursuant to a request received under this
subsection, the county medical examiner shall explain to the
requester in writing within 48 hours of receiving the written
request for the autopsy that the death was directly caused by fire
and that an autopsy was not required to determine other possible
causes of death. If the law enforcement agency or prosecuting
attorney believes that an autopsy would contribute materially to
the investigation, the law enforcement agency or prosecuting
attorney may file a petition with a court of competent jurisdiction
for a review of the county medical examiner's decision not to
perform an autopsy. A law enforcement agency or prosecuting
attorney must file a petition under this subsection within 24 hours
after receiving oral or written notice of the county medical
examiner's decision not to perform the autopsy or within 24 hours
after the county medical examiner fails to respond within the 48-
hour time limit. The court in which the petition is filed shall
hold a hearing on the petition within 48 hours after the petition
is filed. If the court determines that an autopsy would contribute
materially to the investigation, the court shall order the county
medical examiner to perform the autopsy immediately and to transmit
the results of the autopsy to the petitioner within 24 hours after
the autopsy is performed and all necessary tests are completed.
(5) (4)
The Except as provided in subsection (6), the
county medical examiner or deputy county medical examiner shall
ascertain
the identity of the deceased and notify immediately and
as compassionately as possible notify the next of kin of the
decedent's death and the location of the body. except
that such
(6) The notification described in subsection (5) is not
required
if a person from the state police or a county sheriff
department
or a township police department or a municipal police
department
local law enforcement agency
states to the county
medical examiner that the notification has already occurred. The
county medical examiner may conduct an autopsy under subsection (3)
if he or she determines that an autopsy reasonably appears to be
required
pursuant to law. After Except
as otherwise provided in
section
5b, after the county medical examiner
or a deputy or a
person
an individual from the state
police or a county sheriff
department
or a township police department or a municipal police
department
local law enforcement agency
has made diligent effort
to
locate and notify the next of kin, he or she the county
medical examiner may order and conduct the autopsy with or without
the consent of the next of kin of the deceased.
(7) (5)
The county medical examiner or a
his or her
deputy shall keep a written record of the efforts to locate and
notify the next of kin for a period of 1 year from the date of the
autopsy.
The county medical examiner shall, after any After a
required examination or autopsy, the county medical examiner shall
promptly deliver or return the body to relatives or representatives
of
the deceased. or, if If there are no relatives or
representatives of the deceased known to the county medical
examiner,
he or she may cause the body to be decently buried ,
except
that the medical examiner pursuant to law, but may retain,
as
long as may be he or she
determines necessary, any a portion
of the body believed by the county medical examiner to be necessary
for
the detection of any a crime.
Sec. 5b. (1) Subject to subsection (2), a county medical
examiner or deputy county medical examiner shall not perform an
autopsy on the body of a deceased person if a next of kin of the
deceased person informs the county medical examiner or deputy
county medical examiner that an autopsy would be contrary to the
deceased person's religious beliefs.
(2) A county medical examiner or deputy county medical
examiner may perform an autopsy under the circumstances described
in subsection (1) if the county medical examiner or deputy county
medical examiner determines that there is a compelling public
necessity for the autopsy. If the county medical examiner or deputy
county medical examiner determines that there is a compelling
public necessity for the autopsy, he or she shall not perform the
autopsy for a period of 24 hours after making the determination of
compelling public necessity. A compelling public necessity exists
for the purposes of this section if either of the following
circumstances exists:
(a) An autopsy is necessary for the conduct of a criminal
investigation by a law enforcement agency.
(b) An autopsy is necessary to determine the cause of the
deceased person's death in order to protect against an immediate
and substantial threat to the public health.
(3) During the 24-hour period described in subsection (2), a
next of kin described in subsection (1) may petition a court of
competent jurisdiction to enjoin the autopsy. The next of kin shall
inform the county medical examiner or deputy county medical
examiner in writing of the petition. The court in which the
petition is filed shall conduct a hearing on the matter within 48
hours of the filing of the petition. If the court finds that there
is a compelling public necessity, the court shall allow the county
medical examiner or deputy county medical examiner to perform the
autopsy. A county medical examiner or deputy county medical
examiner who performs an autopsy under this section shall use the
least intrusive procedures allowed under the circumstances.
(4) As used in this act, "next of kin" means the spouse of a
deceased individual or an individual related to the deceased
individual within the third degree of consanguinity as determined
by the civil law method.