HB-4938, As Passed House, June 29, 2005

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4938

 

 

 

 

 

 

 

 

 

 

 

 

     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,"

 

(MCL 52.201 to 52.216) by adding section 9.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 9. (1) If a county medical examiner or his or her

 

designee receives notification from a person other than a

 

representative of a hospital of a death that requires an

 

investigation by the county medical examiner's office pursuant to

 

this act, the county medical examiner or his or her designee shall

 

take charge of the body. If, upon viewing the body and personally


 

inquiring into the cause and manner of the death, the county

 

medical examiner or his or her designee determines that the body,

 

according to criteria established by Michigan's federally

 

designated organ procurement organization, may be suitable for

 

donation or for the donation of physical parts, the county medical

 

examiner or his or her designee shall, in a timely manner as

 

prescribed under subsection (2), contact Michigan's federally

 

designated organ procurement organization or its successor

 

organization. If contacted by the federally designated organ

 

procurement organization or the eye and tissue organization, or

 

both, the county medical examiner shall enter into an agreement

 

with the federally designated organ procurement organization and

 

the eye and tissue organization that coordinates the recovery and

 

allocation of anatomical donations in that county.  The agreement

 

shall outline the procedures and protocols of each party to assure

 

that transplantable organs, tissues, and eyes are obtained from

 

potential donors. The agreement shall provide that if any

 

extraordinary medical examinations are necessary prior to the

 

removal of organs, tissues, or eyes, the organization shall cover

 

those costs. The county medical examiner or his or her designee may

 

release any information to the federally designated organ

 

procurement organization or eye and tissue organization that is

 

necessary to identify potential organ, tissue, or eye donors and

 

seek consent for such donations in accordance with part 101 of the

 

public health code, 1978 PA 368, MCL 333.10101 to 333.10109. A

 

county medical examiner or his or her designee shall not discuss

 

the option of organ donation with any individual with the authority


 

to make a gift under section 10102 of the public health code, 1978

 

PA 368, MCL 333.10102.

 

     (2) If an investigation of the cause and manner of death,

 

regardless of whether the death occurred in a hospital or not, is

 

required under this act and the county medical examiner or his or

 

her designee has notice that the individual is a donor, the county

 

medical examiner or his or her designee shall conduct the

 

examination of the dead body within a time period that permits

 

organs, tissues, and eyes to remain viable for transplant. If the

 

county medical examiner or his or her designee is unable to conduct

 

the investigation within that period of time, a health care

 

professional who is authorized to remove an anatomical gift from a

 

donor may remove the donated tissues or organs, or both, in order

 

to preserve the viability of the donated tissues or organs for

 

transplant upon notifying the county medical examiner or his or her

 

designee. If the county medical examiner or his or her designee

 

determines that an organ may be related to the cause of death, the

 

county medical examiner or his or her designee may do 1 or more of

 

the following:

 

     (a) Request to be present during the removal of the donated

 

organs.

 

     (b) Request a biopsy of the donated organs.