Michigan House Bill HB5494

Michigan 2023-2024 Regular Session

• Introduced: 2/22/24
• Refer: 2/22/24

Caption

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).

Impact

The proposed changes in HB5494 could have significant implications for medical practice in Michigan, particularly regarding how death is officially pronounced. By allowing both physicians and registered nurses to pronounce death as per the stipulations of the bill, it seeks to streamline procedures within healthcare facilities. Furthermore, the bill grants health facilities the authority to establish their internal guidelines on who can perform death pronouncements, which may enhance operational efficiency in emergency and critical care contexts.

Summary

House Bill 5494 aims to amend the Determination of Death Act originally established in 1992. The bill seeks to clarify definitions and procedures surrounding the determination of death, specifically by outlining that an individual is considered deceased if there is an irreversible cessation of either circulatory and respiratory functions or all functions of the entire brain, including the brain stem. This amendment emphasizes the necessity for determinations of death to align with accepted medical standards.

Contention

Notably, some concerns may arise regarding the legislative implications of allowing registered nurses the authority to declare death, which has traditionally been a responsibility held by physicians. This shift could ignite debates around the training and certification required for nurses in this sensitive area of practice. Critics might emphasize the need for clear guidelines to ensure that such pronouncements are made with the utmost care and adherence to ethical standards, as the implications of declaring death are profound for both medical professionals and families involved.