HB-4944, As Passed House, December 4, 2007
June 19, 2007, Introduced by Reps. Gaffney, Alma Smith, Bieda, Byrnes, Green, Tobocman, Miller, Leland, Angerer, Donigan and Dean 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 9 (MCL 52.209), as added by 2005 PA 176.
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,
subject to part 101 of the public health code, 1978 PA 368, MCL
333.10101 to 333.10123, and according to criteria established by
Michigan's federally designated organ procurement organization, may
be
suitable for donation or for the donation of physical body
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 as defined in section 10102 of the
public health code, 1978 PA 368, MCL 333.10102. If contacted by the
federally
designated organ procurement organization or the eye and
tissue
other procurement organization, or both, the county medical
examiner shall enter into an agreement with the federally
designated
organ procurement organization and the eye and tissue
other procurement 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 and shall meet the requirements of part 101 of the
public health code, 1978 PA 368, MCL 333.10101 to 333.10123. The
agreement shall provide that if any extraordinary medical
examinations are necessary prior to the removal of organs, tissues,
or eyes, the procurement 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 other
procurement 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
333.10123. 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 part 101 of
the
public
health code, 1978 PA 368, MCL 333.10102 333.10101 to
333.10123.
(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 or that a
gift
of all or a physical part of that individual's body has been
made
in accordance with pursuant
to part 101 of the public health
code,
1978 PA 368, MCL 333.10101 to 333.10109 333.10123, 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 or technician who is authorized to remove an
anatomical gift from a donor under part 101 of the public health
code, 1978 PA 368, MCL 333.10101 to 333.101023, 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
House Bill No. 4944 as amended December 4, 2007
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.
[(3) THIS SECTION SHALL BE KNOWN AND MAY BE CITED AS "KYLE RAY HORNING'S LAW".]
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 4940(request no.
01547'07) of the 94th Legislature is enacted into law.