September 23, 2003, Introduced by Senators GEORGE, GILBERT, TOY, BIRKHOLZ, ALLEN, GARCIA, CROPSEY, McMANUS, VAN WOERKOM, JELINEK, JOHNSON, KUIPERS, SIKKEMA, HAMMERSTROM, JACOBS, SCHAUER and CHERRY 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 section 2 (MCL 52.202), as amended by 2001 PA 26.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 2. (1) A Except
as otherwise provided in this
2 section, a county medical examiner or deputy county medical
3 examiner shall investigate the cause and manner of death of an
4 individual under each of the following circumstances:
5 (a) The case of
an individual who has died dies by
6 violence.
7 (b) The case of
an individual whose individual's death
1 was is unexpected.
2 (c) The case of
an individual who died dies without
3 medical attendance during the 48 hours immediately preceding the
4 time of death, unless the attending physician, if any, is able to
5 determine accurately the cause of death.
6 (d) The case of
an individual who has died dies as the
7 result of an abortion, whether self-induced or otherwise.
8 (2) If an individual who is certified as being terminally ill
9 dies while under hospice care and did not receive medical
10 attendance during the 48 hours immediately preceding the time of
11 death, the county medical examiner or the deputy county medical
12 examiner, upon being notified of the death of the hospice
13 patient, shall not investigate the cause and manner of death of
14 that individual unless he or she reasonably believes that the
15 death is a result of suspicious circumstances or the
16 investigation is requested by the attending physician, if any, or
17 a family member. As used in this subsection, "hospice care"
18 means a program of planned and continuous hospice care provided
19 by a hospice or a hospice residence that consists of a
20 coordinated set of services rendered at home or in a hospice
21 residence or other institutional settings on a continuous basis
22 for individuals suffering from a disease or condition with a
23 terminal prognosis.
24 (3) (2) If
a prisoner in a county or city jail dies while
25 so imprisoned, the county medical examiner or deputy
county
26 medical examiner, upon being notified of the death of the
27 prisoner, shall examine the body of the deceased prisoner.
1 (4) (3) In
conducting an investigation under
2 subsection (1), or
(2), or (3), a county medical examiner or
3 deputy county medical examiner may request the circuit court to
4 issue a subpoena to produce medical records, books, papers,
5 documents, or other items related to the death being
6 investigated. The circuit court may punish failure to obey a
7 subpoena issued under this section as contempt of court.
8 (5) (4) Medical
records, books, papers, documents, or other
9 items that a county medical examiner or deputy county medical
10 examiner obtains in conducting an investigation under this act,
11 whether in response to a subpoena or otherwise, are exempt from
12 disclosure under the freedom of information act, 1976 PA 442, MCL
13 15.231 to 15.246.