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SB 1065

Occupations: mortuary science; references to article 18 of the occupational code in 1953 PA 181; revise. Amends sec. 5 of 1953 PA 181 (MCL 52.205). TIE BAR WITH: SB 1060'26

2025-2026 Regular Session Introduced by Kevin Hertel and 2 co-sponsors

Michigan SB 1065 clarifies county medical examiner authority on autopsies, identifications, kin notifications, and retention of body parts, with safeguards against funeral-collecti

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#cemeteriesandfunerals:other #occupations:mortuaryscience
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Bill Summary · SB 1065

Summary: Senate Bill 1065 (2025-2026) – Michigan

Purpose and intent

SB 1065 proposes amendments to the 1953 Public Act 181 governing investigations into certain deaths, the role of county medical examiners, and related procedures. The bill is tied to SB 1060, meaning its effectiveness is contingent on the companion measure passing. The core aim is to modify how county medical examiners handle autopsies, identifications, notifications to next of kin, retention of body parts, and the use of medical examiner investigators, with an emphasis on defining duties, qualifications, and safeguards against improper involvement by licensed funeral establishments.

Key provisions and changes

  • Scope and authority of the county medical examiner (CME):

    • When a CME has notice that a death falls within the act’s purview, the CME must take charge of the body and determine whether further examination (e.g., autopsy) is necessary.
    • If ongoing investigation is needed, the CME may move the body to a public morgue; removal is generally restricted by religious conscience exceptions unless other conditions apply.

  • Medical examiner investigators:

    • The CME may designate an investigator (appointed under existing statute) to oversee the body, conduct inquiries, and coordinate transport to the morgue if needed.
    • The CME must maintain a list of investigators, including qualifications, and file it with local law enforcement.
    • Investigators must not be agents or employees of licensed funeral establishments and cannot receive compensation related to the disposition of the body or arrange funerals without consent of next of kin or responsible party.

  • Autopsy and documentation:

    • The CME may perform or direct autopsies and must document all relevant facts related to the body’s condition, cause and manner of death, and attendees at the autopsy (with signatures by the autopsy performer).

  • Identification and notification of next of kin:

    • The CME must identify the decedent and notify the next of kin as promptly and compassionately as possible, unless police confirm notification has already occurred.
    • Special procedures apply where identification is difficult (e.g., burns, decomposition, multi-person accidents with similar attributes) requiring definitive identification methods (fingerprints, dental records, DNA).

  • Retention and disposition of body parts:

    • The CME may retain body portions as necessary for establishing cause of death or as evidence, while offering notification and, if requested, return of any retained organ or limb to relatives.
    • If retention is no longer necessary, the CME must promptly deliver or dispose of retained portions or follow medical waste disposal rules, with written records of notifications and retention.

  • Civil liability protections:

    • CME personnel acting in good faith to perform duties related to retention of body parts are shielded from civil liability absent gross negligence.

  • Effective date:

    • The act includes an enacting provision that this amendatory act takes effect only if SB 1060 of the 103rd Legislature is enacted into law.

Who would be affected

  • County medical examiners (CMEs) and their staff, including duties to take charge of bodies, decide on autopsies, and notify next of kin.
  • Medical examiner investigators (as designated under the act) and local law enforcement agencies with whom CME will file investigator lists.
  • Funeral establishments and licensed funeral service providers (due to clarified boundaries about who may perform disposition activities and compensation restrictions).
  • Next of kin and decedents’ representatives, who would receive notifications and potentially have rights related to retained organs or body parts.
  • Hospitals, medical facilities, and institutions involved in identification processes (fingerprints, dental records, DNA, etc.).

Procedural and timeline aspects

  • Compliance timeline mirrors the current framework of Section 5 of 1953 PA 181, with added emphasis on prompt notification and documentation.
  • The bill requires maintaining written records on efforts to locate and notify next of kin for a period of at least one year from the autopsy date (and similarly for retention notifications of organs).
  • The bill introduces procedural safeguards to prevent undue involvement of funeral establishments in disposition decisions.
  • The enacted provisions are contingent upon the passage of SB 1060, creating a legislative tie-bar mechanism.

Overall assessment

SB 1065 seeks to clarify and strengthen the authority and procedures of county medical examiners in Michigan, particularly around autopsy decisions, identification, kin notifications, and the handling of retained body parts. It introduces explicit protections to prevent conflicts of interest with funeral establishments and codifies oversight through investigator lists and documented procedures. If SB 1060 also passes, these changes would take effect under the linked legislative package.

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

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