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Michigan Legislature· HB 4078PA 4 of 2026

Health: medical examiners; requirements for an investigation of the cause and manner of death; modify, the official text

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Act
No. 4

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. Mueller, Wozniak, Outman, Schmaltz,
Rheingans, McKinney, Byrnes, Andrews, Hoskins, Foreman, Longjohn, McFall,
Glanville, Conlin, Neeley, Steckloff, Tsernoglou, Morgan, Miller and VanderWall

ENROLLED HOUSE BILL No. 4078

AN ACT 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 sections 2 and 3 (MCL
52.202 and 52.203), as amended by 2012 PA 171.

The People of the State of
Michigan enact:

Sec.
2. (1) A county medical examiner or deputy county medical examiner shall
investigate the cause and manner of death of an individual under each of the
following circumstances:

(a) The individual dies by violence.

(b) The individual’s death is unexpected.

(c) The individual dies without medical attendance by a physician within the 1 year immediately
preceding the time of death, or the individual dies while under home hospice care without medical
attendance by a physician or a registered
nurse within the 48 hours immediately preceding
the time of death, unless the attending physician or a physician acting
as the authorized representative of the attending physician, if any, is able to determine accurately
the cause of death.

(d) The individual dies as the result of an abortion, whether
self-induced or otherwise.

(2) If a prisoner in a county or city jail dies while imprisoned,
the county medical examiner or deputy county medical examiner, upon being
notified of the death of the prisoner, shall examine the body of the deceased
prisoner.

(3) In conducting an investigation under subsection (1) or
(2), a county medical examiner or deputy county medical examiner may request
the circuit court to issue a subpoena to produce medical records, books,
papers, documents, or other items related to the death being investigated. The
circuit court may punish a failure to obey a subpoena issued under this section
as contempt of court.

(4) Medical records, books, papers, documents, or other items
that a county medical examiner or deputy county medical examiner obtains in
conducting an investigation under this act, whether in response to a subpoena
or otherwise, are exempt from disclosure under the freedom of information act,
1976 PA 442, MCL 15.231 to 15.246.

(5) As used in this act:

(a)
“Home hospice care” means a program of planned
and continuous hospice care provided by a hospice or a hospice residence that
consists of a coordinated set of services rendered to an individual at the
individual’s home on a continuous basis for a disease or condition with a
terminal prognosis.

(b)
“Physician” means an individual licensed as a
physician under part 170 or part 175 of the public health code, 1978 PA 368,
MCL 333.17001 to 333.17097 and 333.17501 to 333.17556.

(c)
“Registered nurse” means an individual licensed as a registered professional
nurse under part 172 of the public health code, 1978 PA 368, MCL 333.17201 to
333.17242.

Sec.
3. (1) Except as otherwise provided in this section, a physician, an individual
in charge of any hospital or institution, or any other individual who has first
knowledge of any of the following shall immediately notify the county medical
examiner or deputy county medical examiner of that fact:

(a) An individual who died suddenly, unexpectedly,
accidentally, violently, or as the result of any suspicious circumstances.

(b) An individual who died without medical attendance within the
48 hours immediately preceding the time of death unless the attending physician or a physician acting as the authorized
representative of the attending physician, if
any, is able to determine accurately the cause of death.

(c) An individual who died as the result of what is commonly
known as an abortion, whether self-induced or otherwise.

(2) If the physician, individual in charge of any hospital or
institution, or other individual who has first knowledge of the death of an
individual as described under subsection (1) has knowledge that there were 2 or
more individuals involved in the same incident who were approximately the same
age, sex, height, weight, hair color, eye color, and race, then he or she shall
make the county medical examiner or deputy county medical examiner aware of
that fact and whether or not any of those individuals survived that incident
when notifying the county medical examiner or deputy county medical examiner of
the death as required under subsection (1). If any of those individuals
survived, the county medical examiner or deputy county medical examiner must also
be informed which hospital or institution those individuals were taken to and
the hospital or institution must also be made aware that the incident involved
2 or more individuals with similar attributes.

(3) If a physician, an individual in charge of any hospital
or institution, or other individual with knowledge of the death of an
individual as described under subsection (1) has knowledge that the death has
already been reported to the county medical examiner or deputy county medical
examiner under subsection (1), the physician, individual in charge of any
hospital or institution, or other individual is not required to notify the
county medical examiner or deputy county medical examiner of the death under subsection
(1).

(4) If an elderly and vulnerable adult death review team is
established under section 1c, a county medical examiner or deputy county
medical examiner who receives notice of a death of an elderly or vulnerable
adult who died unexpectedly or under suspicious circumstances may refer the
case to the elderly and vulnerable adult death review team. Upon receipt of a
referral under this subsection, the elderly and vulnerable adult death review
team shall conduct a review of this matter. Information obtained under this
subsection by an elderly and vulnerable adult death review team established
under section 1c is confidential and may be disclosed by the elderly and
vulnerable adult death review team only to the county medical examiner, the
county prosecutor’s office, local law enforcement, or another elder death
review team, as appropriate. The information obtained under this subsection by
an elderly and vulnerable adult death review team established under section 1c
is exempt from disclosure under the freedom of information act, 1976 PA 442,
MCL 15.231 to 15.246.

Enacting section 1. This amendatory act does not
take effect unless House Bill No. 4077 of the 103rd Legislature is enacted
into law.

This
act is ordered to take immediate effect.

Clerk of the House of
Representatives

Secretary of the Senate

Approved___________________________________________

____________________________________________________

Governor
Every fact on this page links to its source, starting with the official bill record.