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HB 4077

Health: medical examiners; process for medical certification of a death record; modify. Amends secs. 2804, 2843, 2843b, 2844 & 16221 of 1978 PA 368 (MCL 333.2804 et seq.).

2025-2026 Regular Session Introduced by Joey Andrews and 20 co-sponsors

HB 4077 speeds death certificates by requiring electronic death reporting (EDRS) and 48-hour physician certification, shifting penalties to licensing boards.

assigned PA 3 with immediate effect
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Bill Summary · HB 4077

Summary — HB 4077 (Public Health Code amendments)

Status: Passed House April 22, 2025; reported favorably in Senate Nov 12, 2025 and referred to Committee of the Whole (11/13/2025).
Sponsor (HB 4077): Rep. Julie M. Rogers. Tie-bar: HB 4078 (Rep. Mike Mueller).

Purpose / intent

HB 4077 modernizes and clarifies Michigan’s death certification and reporting procedures in the Public Health Code (amending MCL 333.2804, 333.2843, 333.2843b, 333.2844, and 333.16221). The bill aims to speed issuance of death certificates by requiring electronic reporting, clarify which medical officials may complete medical certification in different settings, and change enforcement for physicians who refuse to certify.

Key provisions

  • Who may perform medical certification (48‑hour rule preserved)
    • Deaths outside an institution: medical certification must be completed within 48 hours by the physician who was in charge of care for the illness/condition causing death, or that physician’s authorized representative.
    • Deaths in an institution: certification must be completed within 48 hours by the attending physician, that physician’s authorized representative, the institution’s chief medical officer (after review/investigation), or a pathologist.
    • If a death requires investigation under county medical examiner law (1953 PA 181; see HB 4078), the county medical examiner must complete the medical certification.
  • Electronic reporting (EDRS)
    • Funeral directors must submit the initial death report through the Department of Health and Human Services’ (DHHS) web-based death registration system (EDRS).
    • Beginning one year after the bill’s effective date, the medical certification also must be submitted via EDRS. Individuals completing certifications must first complete DHHS EDRS training.
    • DHHS already operates Michigan EDRS (reported ~99% electronic registration).
  • Enforcement / penalties
    • Current misdemeanor penalty for a physician’s refusal to certify or furnish information (up to 60 days jail and $25–$100 fine) is removed.
    • Instead, failure to certify or provide information is grounds for disciplinary action by the applicable licensing disciplinary subcommittee (possible sanctions include license denial/revocation/suspension/limitation/probation, reprimand, restitution, fines, etc.).
  • Final disposition / delays
    • If cause of death cannot be determined within 48 hours, final disposition may not occur until authorized by the attending physician, the attending physician’s authorized representative, or the county medical examiner. Funeral directors must be notified of the reason for delay.
  • Interaction with HB 4078 (tie‑bar)
    • HB 4078 modifies county medical examiner law to (a) allow an authorized representative of the attending physician to determine cause of death when the decedent died without medical attendance, and (b) require examiner investigation when the decedent received no medical attendance by a physician within the prior one year (expanded from 48 hours). These changes affect when the county medical examiner must certify.

Who is affected

  • Physicians and physician authorized representatives (new explicit roles and disciplinary consequences)
  • Funeral directors (required to use EDRS for reporting; to obtain certifications as specified)
  • Hospitals/institutions (chief medical officers may certify in specified circumstances)
  • County medical examiners (will certify investigations and — per HB 4078 — potentially face expanded investigation triggers)
  • Families of deceased (intended outcome: faster issuance of death certificates)
  • Local governments/libraries and coroners: potential changes in workload and revenue (indeterminate fiscal effects)

Fiscal and operational impacts

  • DHHS: no fiscal impact — EDRS already exists and DHHS provides training.
  • Local units/county medical examiners: indeterminate impact. Potential cost reductions where paper processes are replaced by EDRS; conversely, HB 4078’s expanded investigation timeframe (to one year without medical attendance) could increase county examiner workload and costs.
  • Removal of misdemeanor may reduce demands on law enforcement and courts; potential indeterminate loss of fines/revenues previously collected.

Procedure / timeline highlights

  • House passage: April 22, 2025 (immediate effect given by House).
  • Senate action: reported favorably without amendment Nov 12, 2025; referred to Committee of the Whole Nov 13, 2025.
  • Effective dates: medical certification must be submitted electronically beginning one year after the bill’s effective date (if enacted).

For additional detail, HB 4077 amends specific sections of the Public Health Code (MCL 333.2804 et seq.) and is tied to companion changes in HB 4078 (1953 PA 181).

Compiled from official sources — confirm details with the bill’s official record.

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