Bill Text: MI HB5494 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Health: death; determination of death act; amend to reflect amendments to the public health code. Amends sec. 3 of 1992 PA 90 (MCL 333.1033).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-02-22 - Bill Electronically Reproduced 02/22/2024 [HB5494 Detail]
Download: Michigan-2023-HB5494-Introduced.html
HOUSE BILL NO. 5494
A bill to amend 1992 PA 90, entitled
"Determination of death act,"
by amending section 3 (MCL 333.1033).
the people of the state of michigan enact:
Sec. 3. (1) An individual who has sustained either of the following is dead:
(a) Irreversible cessation of circulatory and respiratory functions.
(b) Irreversible cessation of all functions of the entire brain, including the brain stem.
(2) A determination of death shall must be made in accordance with accepted medical standards.
(3) A physician or registered nurse may pronounce the death of a person an individual in accordance with this act. This subsection does not prohibit a health facility or agency licensed under article 17 of the public health code, Act No. 368 of the Public Acts of 1978, being sections 333.20101 to 333.22260 of the Michigan Compiled Laws, 1978 PA 368, MCL 333.20101 to 333.22121, from determining which of its medical personnel may pronounce the death of a person an individual in that health facility or agency.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 5477 (request no. 01038'23) of the 102nd Legislature is enacted into law.
