June 14, 2005, Introduced by Reps. Hune, Gleason, Gaffney, Wojno, Hildenbrand and Mortimer 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,"
(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 a deputy 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 deputy shall take charge of the body. Upon viewing the
body and personally inquiring into the cause and manner of the
death, the county medical examiner or deputy 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 deputy shall, in a timely manner as prescribed under
subsection (2), contact Michigan's federally designated organ
procurement organization or its successor organization. Each 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 county shall cover the usual and customary
administrative costs for regular communications and activities
associated with organ, tissue, or eye donations. 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 deputy 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 deputy 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 deputy
has notice that the individual is a donor, the county medical
examiner or deputy 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
deputy 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 deputy. If the county medical examiner or deputy
determines that a tissue or organ may be related to the cause of
death, the county medical examiner or deputy may do 1 or more of
the following:
(a) Request to be present during the removal of the donated
tissues or organs.
(b) Request a biopsy of the donated tissues or organs.
(c) Deny removal of any tissue or organ.