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.
House Bill 5044, introduced in the Michigan Legislature during the 2023-2024 session, seeks to modify the requirements for investigations conducted by county medical examiners into the cause and manner of death. Key provisions of the bill include:
Mandated Investigations: The bill specifies circumstances under which deaths must be investigated, including deaths by violence, unexpected deaths, deaths without recent medical attendance, and deaths resulting from abortions, as well as deaths of prisoners in jail.
Subpoena Power: County medical examiners or their deputies are granted the authority to request subpoenas from the circuit court for medical records or other documents relevant to the death being investigated.
Exemption from FOIA: Medical records and other documents obtained during an investigation are exempt from disclosure under the Michigan Freedom of Information Act (FOIA).
Definitions: The bill provides definitions for terms such as "home hospice care," "physician," and "registered nurse."
Notification Requirements: Immediate notification to the medical examiner is required for sudden or unexpected deaths. Additionally, if multiple individuals with similar attributes are involved in the same incident, this must be reported to the medical examiner.
Elderly and Vulnerable Adult Death Review Team: Provisions are included for the referral of cases involving elderly or vulnerable adults to a specialized review team. Information obtained by this team is confidential and exempt from FOIA disclosure.
Contingent Effectiveness: The effectiveness of the bill is contingent upon the enactment of related legislation, specifically Senate Bill No.____ or House Bill No. 5043 of the 102nd Legislature.
Co-sponsored by Reps.
Referred to the Committee on Health Policy
Reported without amendment
Passed in the House 105 to 4 (details)
Motion to give immediate effect
by
The motion prevailed by voice vote
Referred to the Committee on Health Policy
