Health: medical examiners; process for medical certification of a death record; modify, the official text

Act
No. 3

Public
Acts of 2026

Approved
by the Governor

March
17, 2026

Filed
with the Secretary of State

March
17, 2026

EFFECTIVE
DATE:  March 17, 2026

state of michigan

103rd Legislature

Regular session of 2026

Introduced by Reps. Rogers, Wozniak, Outman, Schmaltz,
Rheingans, McKinney, Byrnes, Andrews, Hoskins, Foreman, Longjohn, McFall,
Glanville, Conlin, Miller, Neeley, Steckloff, Brixie, Tsernoglou, Morgan and
VanderWall

ENROLLED HOUSE BILL No. 4077

AN ACT to amend 1978 PA 368,
entitled “An act to protect and promote the public health; to codify, revise,
consolidate, classify, and add to the laws relating to public health; to
provide for the prevention and control of diseases and disabilities; to provide
for the classification, administration, regulation, financing, and maintenance
of personal, environmental, and other health services and activities; to create
or continue, and prescribe the powers and duties of, departments, boards,
commissions, councils, committees, task forces, and other agencies; to
prescribe the powers and duties of governmental entities and officials; to
regulate occupations, facilities, and agencies affecting the public health; to
regulate health maintenance organizations and certain third party
administrators and insurers; to provide for the imposition of a regulatory fee;
to provide for the levy of taxes against certain health facilities or agencies;
to promote the efficient and economical delivery of health care services, to
provide for the appropriate utilization of health care facilities and services,
and to provide for the closure of hospitals or consolidation of hospitals or
services; to provide for the collection and use of data and information; to
provide for the transfer of property; to provide certain immunity from
liability; to regulate and prohibit the sale and offering for sale of drug
paraphernalia under certain circumstances; to provide for the implementation of
federal law; to provide for penalties and remedies; to provide for sanctions
for violations of this act and local ordinances; to provide for an
appropriation and supplements; to repeal certain acts and parts of acts; to repeal
certain parts of this act; and to repeal certain parts of this act on specific
dates,” by amending sections 2804, 2843, 2843b, 2844, and 16221 (MCL
333.2804, 333.2843, 333.2843b, 333.2844, and 333.16221), section 2804 as
amended by 2012 PA 499, section 2843 as amended by 2013 PA 79, section 2843b as
added by 1986 PA 185, and section 16221 as amended by 2023 PA 209.

The People of the State of
Michigan enact:

Sec. 2804. (1) “Institution”
means a public or private establishment that provides inpatient medical,
surgical, or diagnostic care or treatment or nursing, custodial, or domiciliary
care to 2 or more unrelated individuals, including an establishment to which
individuals are committed by law.

(2)
“Law enforcement agency” means a police agency of a city, village, or
township; a sheriff’s department; the department of state police; and any other
governmental law enforcement agency.

(3)
“Live birth” means that term as defined in section 1 of the born alive
infant protection act, 2002 PA 687, MCL 333.1071.

(4)
“Local registrar” means the county clerk or the clerk’s deputy, or in
the case of a city having a population of 40,000 or more, the city clerk or
city department designated by the governing body of the city; or a registrar
appointed under section 2814. Population must be determined according to the latest federal
decennial census.

(5)
“Miscarriage” means the spontaneous expulsion of a nonviable fetus that
has completed less than 20 weeks of gestation.

(6)
“Physician” means a physician licensed under part 170 or part 175.

(7)
“Registration” means the acceptance by the state registrar and the
incorporation of certificates provided for in this part into the official vital
records.

Sec. 2843. (1)
A funeral director who first assumes custody of a dead body, either personally
or through the funeral director’s authorized
agent, shall report the death. For purposes of this subsection, “dead body”
includes, but is not limited to, the body of an infant who survived an
attempted abortion as described in the born alive infant protection act, 2002 PA 687, MCL 333.1071 to 333.1073, and who
later died. The funeral director or the authorized agent shall obtain the
necessary personal data from the next of kin or the best qualified individual
or source available and shall obtain medical certification as follows:

(a) Subject to subdivision (c), if the death occurred
outside an institution, the medical certification portion of the death record must be completed and certified not later than 48
hours after death by 1 of the following:

(i) The physician who
was in charge of the decedent’s care for the illness or condition that resulted
in the decedent’s death.

(ii) In the absence of
the physician under subparagraph (i), a physician acting as the authorized representative of
the physician described under subparagraph (i).

(b)
Subject to subdivision (c), if the death occurred in an institution, the
medical certification portion of the death record must be completed and
certified not later than 48 hours after death by 1 of the following:

(i) The attending
physician.

(ii) In the absence of
the attending physician described under subparagraph (i), any of the
following:

(A)
A physician acting as the authorized representative of the physician described
in subparagraph (i).

(B)
The chief medical officer of the institution in which the death occurred after
the chief medical officer reviews pertinent records and makes other
investigations considered necessary.

(C)
A pathologist.

(c)
Notwithstanding subdivisions (a) and (b), if an investigation is required under
section 2 of 1953 PA 181, MCL 52.202, the medical certification portion of the
death record must be completed and certified by the county medical examiner as
provided in section 2844.

(2)
The report described in subsection (1) must be submitted using the web-based
application system established by the department for the registration of
deaths. Beginning 1 year after the effective date of the amendatory act that
added this sentence, the medical certification described in subsection (1) must
be submitted using the web-based application system established by the
department for the registration of deaths. An individual who completes medical
certifications under subsection (1) shall first complete training provided by
the department to use the web-based application system for the registration of
deaths.

(3) A death record must be certified by a funeral director who is
licensed under article 18 of the occupational code, 1980 PA 299, MCL 339.1801
to 339.1812, or by an individual who holds a courtesy license under section 1806a
of the occupational code, 1980 PA 299, MCL
339.1806a, and must be filed with the local
registrar of the district where the death occurred within 72 hours after the
death.

(4) Except as otherwise
provided in this subsection, the death of an infant who was born alive
following an attempted abortion and was surrendered to an emergency service
provider under the safe delivery of newborns law, chapter XII of the probate
code of 1939, 1939 PA 288, MCL 712.1 to 712.20, and then died must be reported in the same manner as for any
death. However, the deceased infant must be
listed as “Baby Doe” and no information that would directly identify the
deceased infant or the deceased infant’s parents shall be reported, including,
but not limited to, the following information:

(a) The name of the
mother or father.

(b) The address of the
mother or father.

(c) The name of the
informant.

(d) The address of the
informant.

(5)
A physician who is described in subsection (1)(a) or (b) and who is properly
presented a medical certification by a funeral director, shall not neglect or
refuse to certify the death record and shall not neglect or refuse to furnish
information in the physician’s possession to the funeral director.

Sec. 2843b. (1) If, at the time of death,
an individual who is required to complete the
medical certification under section 2843(1) has
actual knowledge of the presence in the deceased individual of an infectious
agent, including acquired immunodeficiency syndrome-related virus, the individual who is required to complete the medical
certification shall notify the funeral director or the funeral director’s
authorized agent of the appropriate infection control precautions to be taken.
The notification required by this subsection must occur
before the body is released to the funeral director or the funeral director’s
authorized agent. A funeral director or funeral director’s authorized agent who
receives notification under this subsection shall not refuse to render services
as a result of having received the notification.

(2) The information
contained in the notification required by subsection (1) is confidential. A person who receives confidential
information under this section shall disclose the information to others only to
the extent consistent with the authorized purpose for which the information was
obtained.

(3) No later than August 6, 1986, the department shall
submit for promulgation under section 48 of the administrative procedures act
of 1969, MCL 24.248, rules that define the term “infectious agent” for purposes
of this section.

(4) The department may
promulgate rules to administer this section.

(5) A person who violates
subsection (2) is guilty of a misdemeanor.

Sec. 2844. (1) If an investigation is required under 1953 PA 181, MCL 52.201 to 52.216, the county medical examiner shall determine the
cause of death and shall complete and sign the medical certification within 48
hours after taking charge of the case.

(2)
If the cause of death cannot be determined within 48 hours after death,
the medical certification may be completed as provided by the department. The funeral director in custody of the body must be given notice of the reason for the delay by and final disposition must
not be made until authorized by 1 of the
following individuals:

(a)
The attending physician or county medical examiner.

(b)
The attending physician’s authorized representative.

Sec. 16221. Subject to section 16221b,
the department shall investigate any allegation that 1 or more of the grounds
for disciplinary subcommittee action under this section exist, and may
investigate activities related to the practice of a health profession by a
licensee, a registrant, or an applicant for licensure or registration. The
department may hold hearings, administer oaths, and order the taking of
relevant testimony. After its investigation, the department shall provide a
copy of the administrative complaint to the appropriate disciplinary
subcommittee. The disciplinary subcommittee shall proceed under section 16226
if it finds that 1 or more of the following grounds exist:

(a) Except as otherwise
specifically provided in this section, a violation of general duty, consisting
of negligence or failure to exercise due care, including negligent delegation
to or supervision of employees or other individuals, whether or not injury
results, or any conduct, practice, or condition that impairs, or may impair,
the ability to safely and skillfully engage in the practice of the health
profession.

(b) Personal
disqualifications, consisting of 1 or more of the following:

(i) Incompetence.

(ii) Subject to
sections 16165 to 16170a, substance use disorder as that term is defined in
section 100d of the mental health code, 1974 PA 258, MCL 330.1100d.

(iii) Mental or
physical inability reasonably related to and adversely affecting the licensee’s
or registrant’s ability to practice in a safe and competent manner.

(iv) Declaration of
mental incompetence by a court of competent jurisdiction.

(v) Conviction of a
misdemeanor punishable by imprisonment for a maximum term of 2 years;
conviction of a misdemeanor involving the illegal delivery, possession, or use
of a controlled substance; or conviction of any felony other than a felony
listed or described in another subparagraph of this subdivision. A certified
copy of the court record is conclusive evidence of the conviction.

(vi) Lack of good moral
character.

(vii) Conviction of a
criminal offense under section 520e or 520g of the Michigan penal code, 1931 PA
328, MCL 750.520e and 750.520g. A certified copy of the court record is
conclusive evidence of the conviction.

(viii) Conviction of a
violation of section 492a of the Michigan penal code, 1931 PA 328, MCL
750.492a. A certified copy of the court record is conclusive evidence of
the conviction.

(ix) Conviction of a
misdemeanor or felony involving fraud in obtaining or attempting to obtain fees
related to the practice of a health profession. A certified copy of the court
record is conclusive evidence of the conviction.

(x) Final adverse
administrative action by a licensure, registration, disciplinary, or
certification board involving the holder of, or an applicant for, a license or
registration regulated by another state or a territory of the United States, by
the United States military, by the federal government, or by another country. A
certified copy of the record of the board is conclusive evidence of the final
action.

(xi) Conviction of a
misdemeanor that is reasonably related to or that adversely affects the
licensee’s or registrant’s ability to practice in a safe and competent manner.
A certified copy of the court record is conclusive evidence of the conviction.

(xii) Conviction of a
violation of section 430 of the Michigan penal code, 1931 PA 328, MCL 750.430.
A certified copy of the court record is conclusive evidence of the conviction.

(xiii) Conviction of a
criminal offense under section 83, 84, 316, 317, 321, 520b, 520c, 520d, or 520f
of the Michigan penal code, 1931 PA 328, MCL 750.83, 750.84, 750.316, 750.317,
750.321, 750.520b, 750.520c, 750.520d, and 750.520f. A certified copy of the court
record is conclusive evidence of the conviction.

(xiv) Conviction of a
violation of section 136 or 136a of the Michigan penal code, 1931 PA 328, MCL
750.136 and 750.136a. A certified copy of the court record is conclusive
evidence of the conviction.

(xv) Conviction of a
violation of section 90 of the Michigan penal code, 1931 PA 328, MCL 750.90, or
a violation of a state or federal crime that is substantially similar to the
violation described in this subparagraph. A certified copy of the court record is
conclusive evidence of the conviction.

(c)
Prohibited acts, consisting of 1 or more of the following:

(i) Fraud or deceit in
obtaining or renewing a license or registration.

(ii) Permitting a
license or registration to be used by an unauthorized person.

(iii) Practice outside
the scope of a license.

(iv) Obtaining,
possessing, or attempting to obtain or possess a controlled substance or a drug
as that term is defined in section 7105 without lawful authority; or selling,
prescribing, giving away, or administering drugs for other than lawful
diagnostic or therapeutic purposes.

(d)
Except as otherwise specifically provided in this section, unethical business
practices, consisting of 1 or more of the following:

(i) False or misleading
advertising.

(ii) Dividing fees for
referral of patients or accepting kickbacks on medical or surgical services,
appliances, or medications purchased by or in behalf of patients.

(iii) Fraud or deceit
in obtaining or attempting to obtain third-party reimbursement.

(e)
Except as otherwise specifically provided in this section, unprofessional
conduct, consisting of 1 or more of the following:

(i) Misrepresentation
to a consumer or patient or in obtaining or attempting to obtain third-party
reimbursement in the course of professional practice.

(ii) Betrayal of a
professional confidence.

(iii) Promotion for
personal gain of an unnecessary drug, device, treatment, procedure, or service.

(iv) Either of the
following:

(A)
A requirement by a licensee other than a physician or a registrant that an
individual purchase or secure a drug, device, treatment, procedure, or service
from another person, place, facility, or business in which the licensee or
registrant has a financial interest.

(B)
A referral by a physician for a designated health service that violates 42 USC
1395nn or a regulation promulgated under that section. For purposes of this
subdivision, 42 USC 1395nn and the regulations promulgated under that section
as they exist on June 3, 2002 are incorporated by reference. A disciplinary
subcommittee shall apply 42 USC 1395nn and the regulations promulgated under
that section regardless of the source of payment for the designated health
service referred and rendered. If 42 USC 1395nn or a regulation promulgated
under that section is revised after June 3, 2002, the department shall
officially take notice of the revision. Within 30 days after taking notice of
the revision, the department shall decide whether or not the revision pertains
to referral by physicians for designated health services and continues to
protect the public from inappropriate referrals by physicians. If the
department decides that the revision does both of those things, the department
may promulgate rules to incorporate the revision by reference. If the
department does promulgate rules to incorporate the revision by reference, the
department shall not make any changes to the revision. As used in this
sub-subparagraph, “designated health service” means that term as defined in 42
USC 1395nn and the regulations promulgated under that section and “physician”
means that term as defined in sections 17001 and 17501.

(v) For a physician who
makes referrals under 42 USC 1395nn or a regulation promulgated under that
section, refusing to accept a reasonable proportion of patients eligible for
Medicaid and refusing to accept payment from Medicaid or Medicare as payment in
full for a treatment, procedure, or service for which the physician refers the
individual and in which the physician has a financial interest. A physician who
owns all or part of a facility in which the physician provides surgical
services is not subject to this subparagraph if a referred surgical procedure
the physician performs in the facility is not reimbursed at a minimum of the
appropriate Medicaid or Medicare outpatient fee schedule, including the
combined technical and professional components.

(vi) Any conduct by a
licensee or registrant with a patient while the licensee or registrant is
acting within the health profession for which the licensee or registrant is
licensed or registered, including conduct initiated by a patient or to which
the patient consents, that is sexual or may reasonably be interpreted as
sexual, including, but not limited to, sexual intercourse, kissing in a sexual
manner, or touching of a body part for any purpose other than appropriate
examination, treatment, or comfort.

(vii) Offering to
provide practice-related services, such as drugs, in exchange for sexual
favors.

(viii) A violation of
section 16655(4) by a dental therapist.

(f)
Failure to notify under section 16222(3) or (4).

(g)
Failure to report a change of name or mailing address as required in section
16192.

(h)
A violation, or aiding or abetting in a violation, of this article or of a rule
promulgated under this article.

(i)
Failure to comply with a subpoena issued pursuant to this part, failure to
respond to a complaint issued under this article, article 7, or article 8,
failure to appear at a compliance conference or an administrative hearing, or
failure to report under section 16222(1) or 16223.

(j)
Failure to pay an installment of an assessment levied under the insurance code
of 1956, 1956 PA 218, MCL 500.100 to 500.8302, within 60 days after notice
by the appropriate board.

(k)
A violation of section 17013 or 17513.

(l) Failure to meet 1
or more of the requirements for licensure or registration under section 16174.

(m)
A violation of section 17015, 17015a, or 17515.

(n)
Failure to comply with section 2843(5) or 9206(3).

(o)
A violation of section 5654 or 5655.

(p)
A violation of section 16274.

(q)
A violation of section 17020 or 17520.

(r)
A violation of the medical records access act, 2004 PA 47, MCL 333.26261 to
333.26271.

(s)
A violation of section 17764(2).

(t)
Failure to comply with the terms of a practice agreement described in section
17047(2)(a) or (b), 17547(2)(a) or (b), or 18047(2)(a) or (b).

(u)
A violation of section 7303a(2).

(v)
A violation of section 7303a(4) or (5).

(w)
A violation of section 7303b.

(x)
A violation of section 17754a.

(y)
Beginning January 1, 2021, a violation of section 24507 or 24509.

This
act is ordered to take immediate effect.

Clerk of the House of
Representatives

Secretary of the Senate

Approved___________________________________________

____________________________________________________

Governor