HB-4893, As Passed Senate, June 10, 2010

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE FOR

 

HOUSE BILL NO. 4893

 

 

 

 

 

 

 

 

 

 

 

 

     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 section 5 (MCL 52.205), as amended by 2006 PA 569.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5. (1) When If a 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


 

county, the 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 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 decedent had no

 

medical attendance during the 48 hours before immediately preceding

 

the hour of death, and if the dead person decedent 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.

 

     (2) The 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. The 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 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 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 name and

 

addresses address 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) The Except as otherwise provided in this subsection, the

 

county medical examiner shall ascertain the identity of the

 

deceased decedent 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 The notification described

 

in this subsection is not required if a person from the state

 

police, a county sheriff department, a township police department,

 

or a municipal police department states to the county medical

 

examiner that the notification has already occurred.

 

     (5) If visual identification of an individual a decedent is

 

impossible as a result of burns, decomposition, or other

 

disfiguring injuries or if the county medical examiner is aware


 

that the death is the result of an accident that involved 2 or more

 

individuals who were approximately the same age, sex, height,

 

weight, hair color, eye color, and race, then the county medical

 

examiner shall verify the identity of the deceased decedent through

 

fingerprints, dental records, DNA, or other definitive

 

identification procedures and, if the accident resulted in the

 

survival of any individuals with the same attributes, shall notify

 

the respective hospital or institution of his or her findings. 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 the county medical examiner, a

 

deputy, a person from the state police, a county sheriff

 

department, a township police department, or a municipal police

 

department 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 decedent. (5) The county medical examiner or a 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.

 

     (6) The Except as otherwise provided in this subsection, the

 

county medical examiner shall , after any required examination or

 

autopsy, promptly deliver or return the body or any portion of the

 

body to relatives or representatives of the deceased or, if

 

decedent after an examination or autopsy is performed under this

 

section. If there are no relatives or representatives of the

 

decedent 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. A county medical examiner may retain , as long as

 

may be necessary, any portion of the body believed by the medical

 

examiner to be that he or she considers necessary for the detection

 

to establish the cause of death, the conditions contributing to

 

death, or the manner of death, or as evidence of any crime. Except

 

as otherwise provided in this subsection, if a portion of the body

 

retained is an entire organ or limb of the decedent, the county

 

medical examiner shall attempt to verbally or in writing notify the

 

relatives or representatives of the decedent of that retention and

 

offer an opportunity for the relative or representative to request

 

the return of that organ or limb. If notification is verbally made

 

under this subsection, the county medical examiner shall follow up

 

with written notification. The county medical examiner or a deputy

 

shall keep a written record of the efforts to notify the relatives

 

or representatives of the decedent under this subsection for a

 

period of 1 year from the date of the notification or attempt to

 

notify. This subsection does not apply to anatomical gifts made

 

under part 101 of the public health code, 1978 PA 368, MCL

 

333.10101 to 333.10123. Upon determination that retention of the

 

portions of the body is no longer necessary under this subsection,

 

the county medical examiner shall do all of the following, as

 

applicable:

 

     (a) If requested in writing under this subsection, promptly

 

deliver or return the retained organ or limb to the relatives or

 

representatives of the decedent.

 

     (b) Dispose of any remaining retained body portions in the

 

manner prescribed for medical waste under part 138 of the public


 

health code, 1978 PA 368, MCL 333.13801 to 333.13831.

 

     (7) A county medical examiner or any person acting under the

 

authority of the county medical examiner in the performance of

 

medical examiner duties under this act, including, but not limited

 

to, autopsy dissection, diagnoses, opinions, or certification of

 

death, shall not be liable in a civil action for damages as a

 

result of an act or omission by the person arising out of and in

 

the course of the person's good faith performance of medical

 

examiner duties unless the person's act or omission was the result

 

of that person's gross negligence or willful misconduct.