SENATE BILL No. 1174

 

 

November 8, 2018, Introduced by Senator HANSEN and referred to the Committee on Health Policy.

 

 

 

     A bill to provide for the review and prevention of suicides in

 

this state; to allow for the creation of a suicide fatality review

 

task force; and to prescribe powers and duties of certain state and

 

local governmental officers and entities.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"suicide fatality review act".

 

     Sec. 3. As used in this act:

 

     (a) "Department" means the department of health and human

 

services.

 

     (b) "Suicide fatality review task force" means a suicide

 

fatality review task force established under section 5.

 

     Sec. 5. (1) Each county may establish a suicide fatality

 

review task force. Two or more counties may appoint a single


suicide fatality review task force for those counties. A suicide

 

fatality review task force must consist of at least 7 individuals

 

who are selected from at least 7 of the following fields:

 

     (a) A county medical examiner or deputy medical examiner

 

appointed under 1953 PA 181, MCL 52.201 to 52.216, or his or her

 

representative.

 

     (b) A representative of a local law enforcement agency.

 

     (c) A representative of the department.

 

     (d) A representative of the health care field.

 

     (e) A representative of the mental health field.

 

     (f) A representative of a local health department.

 

     (g) A representative of survivors of suicide loss or attempt.

 

     (h) A representative of an intermediate school district.

 

     (i) A representative of a local institution of higher

 

learning.

 

     (j) A representative of an organization that represents older

 

adults.

 

     (2) A suicide fatality review task force may review any

 

suicide occurring in the county or counties that established the

 

suicide fatality review task force.

 

     (3) The department shall make available to each member of the

 

suicide fatality review task force a complete description of member

 

responsibilities.

 

     (4) Information obtained or created by or for a suicide

 

fatality review task force is confidential and not subject to

 

discovery or the freedom of information act, 1976 PA 442, MCL

 

15.231 to 15.246. Documents created by or for the suicide fatality


review task force are not subject to subpoena, except that

 

documents and records otherwise available from other sources are

 

not exempt from subpoena, discovery, or introduction into evidence

 

from other sources solely because they were presented to or

 

reviewed by a suicide fatality review task force. Information

 

relevant to the investigation of a crime may be disclosed by a

 

suicide fatality review task force only to the prosecuting attorney

 

or to a law enforcement agency. A suicide fatality review task

 

force shall disclose information required to be reported under the

 

child protection law, 1975 PA 238, MCL 722.621 to 722.638, to the

 

department. A prosecuting attorney, a law enforcement agency, and

 

the department may use information received under this subsection

 

in carrying out their lawful responsibilities. Individuals and the

 

organizations represented by individuals who participate as members

 

of a suicide fatality review task force shall sign a

 

confidentiality agreement acknowledging the confidentiality

 

provisions of this section.

 

     (5) An individual who provides information to a suicide

 

fatality review task force shall sign a notice acknowledging that

 

any information he or she provides to a suicide fatality review

 

task force shall be kept confidential by the suicide fatality

 

review task force, but is subject to possible disclosure to the

 

prosecuting attorney, a law enforcement agency, or the department

 

as provided in subsection (4).

 

     (6) Suicide fatality review task force meetings are closed to

 

the public and are not subject to the open meetings act, 1976 PA

 

267, MCL 15.261 to 15.275. Information identifying an individual


whose cause of death is a suicide or whose case is being reviewed,

 

or that individual's family members, or an alleged or suspected

 

perpetrator of abuse upon the individual, or regarding the

 

involvement of any agency with the individual or that individual's

 

family, must not be disclosed in any report that is available to

 

the public. However, analysis, process improvement, and other

 

findings and de-identified and aggregated data may be released to

 

the public, health officials, or organizations to improve public

 

health.

 

     Enacting section 1. This act takes effect 90 days after the

 

date it is enacted into law.