September 20, 2005, Introduced by Senators BERNERO, TOY, SCHAUER, SCOTT, OLSHOVE, PRUSI, GOSCHKA, BARCIA, JACOBS, LELAND and CLARKE 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 1c, 2, and 3 (MCL 52.201c, 52.202, and
52.203), section 2 as amended by 2004 PA 153.
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 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 shall 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. The elder death review team shall consist of the
county medical examiner or deputy county medical examiner,
physicians and other health care professionals specializing in
geriatric medicine, 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, and members representing the
department of human services who are involved with issues regarding
adult protective services.
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 a resident dies while in a long-term care facility and
the elder death review team determines that the death is 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 examine the body of the deceased
resident and further investigate the cause and manner of death.
(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:
(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 physician and any person A physician, 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 1
or more 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 deputy immediately of the
death.
(d) An individual who died while a resident of a long-term
care facility.
(2) A county medical examiner or deputy who receives notice of
a death of an individual who died while a resident of a long-term
care facility shall refer the case to the elder death review team
for a preliminary investigation to determine whether the death is
suspicious or appears to have been caused by abuse or neglect. In
accordance with protocols established by the county medical
examiner pursuant to section 1c, the elder death review team shall
do each of the following:
(a) Inform the family of the deceased that a preliminary
investigation is being conducted to determine whether a further
investigation and autopsy is necessary to confirm or deny whether
the death was a result of suspicious circumstances or a result of
abuse or neglect.
(b) Invite the family of the deceased to provide any
information or evidence to the elder death review team that may be
related to the death of the deceased while a resident of a long-
term care facility.