HB-5225, As Passed Senate, June 16, 2004                                    

SUBSTITUTE FOR

HOUSE BILL NO. 5225

                                                                             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 5a (MCL 52.205a).                                       

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 5a.  (1) When a child under the age of 2 years dies                    

2   within this state under circumstances of sudden death, cause                

3   unknown, or found dead, cause unknown, that death shall be                  

4   immediately reported to the county medical examiner or deputy               

5   county medical examiner of the county  wherein where the body              

6   lies, whereupon the is located.  The county medical examiner or           

7   deputy county medical examiner shall inform the parents or legal            

1   guardians of the child that they may request an autopsy to be

2   performed on the child.  , the costs of which shall be borne by             

3   the The state shall cover the costs of an autopsy requested                

4   under this section.   An autopsy requested by the parents or                

5   legal guardians shall be arranged for by the The county medical            

6   examiner or the deputy county medical examiner shall arrange the            

7   autopsy requested under this section and  the parents or legal              

8   guardians shall be shall promptly  notified notify the parents            

9   or legal guardians of the results of that autopsy.  The county              

10  medical examiner or the deputy county medical examiner shall                

11  report the costs of the autopsy performed under this section                

12  shall be reported  to the  state  director of  public the                 

13  department of community health.  who shall pay the account to If           

14  the director determines the claim to be reasonable and proper, he           

15  or she shall reimburse the person  entitled thereto for the                

16  costs incurred under this section out of funds appropriated for             

17  this purpose by the legislature.   The reasonableness and                   

18  propriety of all claims and accounts under this section shall be            

19  passed upon and determined by the state director of public                  

20  health.  Nothing in this section shall be construed  as                     

21  interfering to interfere with the duties and responsibilities of           

22  the county medical examiner or deputy county medical examiner as            

23  defined provided in  other sections of  this act.                         

24  (2) The department of community health shall promulgate rules               

25  and regulations under this act to promote consistency and                   

26  accuracy among county medical examiners and deputy county medical           

27  examiners in determining the cause of death under this section.             

1   The department may adopt, by reference in its rules, all or any             

2   part of the "State of Michigan Protocols to Determine Cause and             

3   Manner of Sudden and Unexplained Child Deaths" published by the             

4   Michigan child death review program.