HOUSE BILL No. 6319


     September 17, 2002, Introduced by Rep. DeWeese and referred to the Committee on Health Policy.


        A bill to amend 1978 PA 368, entitled

   "Public health code,"

   by amending section 2855 (MCL 333.2855), as amended by 1982 PA

   3.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             Sec. 2855.  (1)  An  EXCEPT AS OTHERWISE PROVIDED IN THIS

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        SECTION, AN autopsy shall not be performed upon the body of a

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        deceased individual except by a physician who has been granted

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        written consent to perform the autopsy by whichever 1 of the fol-

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        lowing individuals assumes custody of the body for purposes of

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        burial:  parent, surviving spouse, guardian, or next of kin of

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        the deceased individual or by an individual charged by law with

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        the responsibility for burial of the body.  If 2 or more of those

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        individuals assume custody of the body, the consent of 1 is

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        sufficient.


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             (2) A PHYSICIAN WHO IS PROVIDING MEDICAL CERTIFICATION FOR A

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        DECEASED INDIVIDUAL UNDER SECTION 2843 OR A PHYSICIAN WHO WAS

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        INVOLVED IN TREATING A DECEASED INDIVIDUAL BEFORE THE INDIVIDUAL

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        DIED SHALL DO ALL OF THE FOLLOWING AS SOON AS POSSIBLE AFTER THE

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        DEATH:

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             (A) NOTIFY THE NEXT OF KIN OF THE DECEDENT'S DEATH.

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             (B) DISCUSS WITH THE NEXT OF KIN THE OPTION OF HAVING AN

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        AUTOPSY CONDUCTED ON THE DECEASED, INCLUDING, BUT NOT LIMITED TO,

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        THE MEDICAL HISTORY INFORMATION TO BE GAINED FROM AN AUTOPSY, THE

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        COST OF AN AUTOPSY, AND THE FACT THAT UNDER SOME CIRCUMSTANCES,

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        AN AUTOPSY IS REQUIRED BY LAW.

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             (C) IF THE NEXT OF KIN AGREES TO PAY FOR THE AUTOPSY,

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        ARRANGE FOR THE AUTOPSY TO BE PERFORMED.

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             (3) This section  shall  DOES not prevent the ordering of an

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        autopsy by a COUNTY medical examiner OR DEPUTY COUNTY MEDICAL

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        EXAMINER UNDER 1953 PA 181, MCL 52.201 TO 52.216, or a local

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        health officer UNDER THIS CODE.

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             (4)  (2)  This section  shall  DOES not apply to a depart-

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        ment of anatomy in a school of medicine in this state, or to an

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        autopsy, postmortem, or dissection performed pursuant to and

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        under the authority of any other law.

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             (5)  (3)  A local health officer may order an autopsy if

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        necessary to carry out the functions vested in a local health

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        department by this  code  ACT.

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             (6)  (4) A  SUBJECT TO SUBSECTION (7), A physician, includ-

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        ing a COUNTY medical examiner OR DEPUTY COUNTY MEDICAL EXAMINER,

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        performing an autopsy pursuant to subsection (1),  (2)  (3),  or



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        (3)  (4), OR (5) may remove, retain, or use the pituitary gland

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        of the deceased individual if the removal, retention, or use of

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        the pituitary gland is for purposes of medical research, educa-

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        tion, or therapy, and the physician is unaware of any direction

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        made by the deceased individual before death or of an objection

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        made by the next of kin of the deceased individual that a part of

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        the deceased individual's body not be removed.

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             (7)  (5)  If consent for the performance of  the  AN autopsy

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        is required pursuant to subsection (1), the physician PERFORMING

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        THE AUTOPSY shall obtain consent from the same individual for the

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        removal, retention, or use of the pituitary gland of the deceased

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        individual  pursuant to  AS DESCRIBED IN subsection  (4)  (6).

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             (8)  (6)  Except for a reasonable charge related to the

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        actual costs incurred and incident to removing and handling the

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        pituitary gland, the removed pituitary gland shall be submitted,

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        without charge, to hospitals, medical education or research

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        institutions, or to individuals or organizations for the purpose

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        of treating another human being.  The hospital, medical education

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        or research institution, or other individual or organization

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        receiving the gland shall agree to furnish the gland, or a hor-

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        mone produced from the gland, without charge.

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             Enacting section 1.  This amendatory act does not take

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        effect unless House Bill No. 5987 of the 91st Legislature is

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        enacted into law.









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