HOUSE BILL No. 5686 March 12, 1998, Introduced by Reps. Baird and Martinez and referred to the Committee on Health Policy. A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding sections 10111, 10113, 10115, 10117, 10119, 10121, 10123, 10125, 10127, 10129, 10131, 10133, and 10151; and to repeal acts and parts of acts. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 SEC. 10111. AS USED IN THIS PART: 2 (A) "ANATOMICAL GIFT" MEANS A DONATION OF ALL OR PART OF A 3 HUMAN BODY TO TAKE EFFECT UPON OR AFTER DEATH. 4 (B) "COUNTY MEDICAL EXAMINER" MEANS A COUNTY MEDICAL 5 EXAMINER OR DEPUTY MEDICAL EXAMINER APPOINTED UNDER 1953 PA 181, 6 MCL 52.201 TO 52.216. 7 (C) "DECEDENT" MEANS A DECEASED INDIVIDUAL AND INCLUDES A 8 STILLBORN INFANT OR FETUS. 04743'97 CPD 2 1 (D) "DOCUMENT OF GIFT" MEANS A CARD, A STATEMENT ATTACHED TO 2 OR IMPRINTED ON A MOTOR VEHICLE OPERATOR'S OR CHAUFFEUR'S 3 LICENSE, A WILL, OR ANOTHER WRITING USED TO MAKE AN ANATOMICAL 4 GIFT. 5 (E) "DONOR" MEANS AN INDIVIDUAL WHO MAKES AN ANATOMICAL GIFT 6 OF ALL OR PART OF THE INDIVIDUAL'S BODY. 7 (F) "ENUCLEATOR" MEANS A PHYSICIAN LICENSED UNDER ARTICLE 15 8 WHO IS QUALIFIED TO REMOVE OR PROCESS EYES OR PARTS OF EYES AS 9 PART OF AN ANATOMICAL GIFT OR ORGAN TRANSPLANT. 10 (G) "HOSPITAL" MEANS A FACILITY LICENSED, ACCREDITED, OR 11 APPROVED AS A HOSPITAL UNDER THE LAW OF ANY STATE OR A FACILITY 12 OPERATED AS A HOSPITAL BY THE UNITED STATES GOVERNMENT, A STATE, 13 OR A POLITICAL SUBDIVISION OF A STATE. 14 (H) "PART" MEANS AN ORGAN, TISSUE, EYE, BONE, ARTERY, BLOOD, 15 FLUID, OR OTHER PORTION OF A HUMAN BODY. 16 (I) "PERSON" MEANS AN INDIVIDUAL, CORPORATION, BUSINESS 17 TRUST, ESTATE, TRUST, PARTNERSHIP, JOINT VENTURE, ASSOCIATION, 18 GOVERNMENT, GOVERNMENTAL SUBDIVISION OR AGENCY, OR ANY OTHER 19 LEGAL OR COMMERCIAL ENTITY. 20 (J) "PHYSICIAN" MEANS AN INDIVIDUAL LICENSED OR OTHERWISE 21 AUTHORIZED TO PRACTICE ALLOPATHIC MEDICINE OR OSTEOPATHIC MEDI- 22 CINE AND SURGERY UNDER THE LAWS OF ANY STATE. 23 (K) "PROCUREMENT ORGANIZATION" MEANS A PERSON LICENSED, 24 ACCREDITED, OR APPROVED UNDER THE LAWS OF ANY STATE FOR PROCURE- 25 MENT, DISTRIBUTION, OR STORAGE OF HUMAN BODIES OR PARTS. 04743'97 3 1 (l) "STATE" MEANS A STATE, TERRITORY, OR POSSESSION OF THE 2 UNITED STATES, THE DISTRICT OF COLUMBIA, OR THE COMMONWEALTH OF 3 PUERTO RICO. 4 (M) "TECHNICIAN" MEANS A HEALTH PROFESSIONAL LICENSED UNDER 5 ARTICLE 15 AND QUALIFIED TO REMOVE OR PROCESS A PART IN THE 6 COURSE OF AN ANATOMICAL GIFT OR ORGAN TRANSPLANT. 7 SEC. 10113. (1) AN INDIVIDUAL WHO IS AT LEAST 18 YEARS OF 8 AGE MAY DO 1 OF THE FOLLOWING: 9 (A) MAKE AN ANATOMICAL GIFT FOR 1 OR MORE OF THE PURPOSES 10 STATED IN SECTION 10121. 11 (B) LIMIT AN ANATOMICAL GIFT TO 1 OR MORE OF THE PURPOSES 12 STATED IN SECTION 10121. 13 (C) REFUSE TO MAKE AN ANATOMICAL GIFT. 14 (2) AN ANATOMICAL GIFT MAY BE MADE ONLY BY A DOCUMENT OF 15 GIFT SIGNED BY THE DONOR. IF THE DONOR CANNOT SIGN A DOCUMENT OF 16 GIFT, THE DOCUMENT OF GIFT SHALL BE SIGNED BY ANOTHER INDIVIDUAL 17 AND BY 2 WITNESSES, EACH OF WHOM SIGNS AT THE DIRECTION AND IN 18 THE PRESENCE OF THE DONOR AND OF EACH OTHER, AND SHALL STATE THAT 19 IT HAS BEEN SO SIGNED. 20 (3) IF A DOCUMENT OF GIFT IS ATTACHED TO OR IMPRINTED ON A 21 DONOR'S MOTOR VEHICLE OPERATOR'S OR CHAUFFEUR'S LICENSE, THE DOC- 22 UMENT OF GIFT SHALL COMPLY WITH SUBSECTION (2). REVOCATION, SUS- 23 PENSION, EXPIRATION, OR CANCELLATION OF THE LICENSE DOES NOT 24 INVALIDATE THE ANATOMICAL GIFT. 25 (4) A DOCUMENT OF GIFT MAY DESIGNATE A PARTICULAR PHYSICIAN 26 TO CARRY OUT THE APPROPRIATE PROCEDURES. IN THE ABSENCE OF SUCH 27 A DESIGNATION OR IF THE DESIGNEE IS NOT AVAILABLE, THE DONEE OR 04743'97 4 1 OTHER PERSON AUTHORIZED TO ACCEPT THE ANATOMICAL GIFT MAY EMPLOY 2 OR AUTHORIZE ANY PHYSICIAN, TECHNICIAN, OR ENUCLEATOR TO CARRY 3 OUT THE APPROPRIATE PROCEDURES. 4 (5) AN ANATOMICAL GIFT BY WILL TAKES EFFECT UPON THE DEATH 5 OF THE TESTATOR, WHETHER OR NOT THE WILL IS PROBATED. IF, AFTER 6 DEATH, THE WILL IS DECLARED INVALID FOR TESTAMENTARY PURPOSES, 7 THE ANATOMICAL GIFT CONTAINED IN THE WILL IS UNAFFECTED AND IS 8 STILL VALID. 9 (6) SUBJECT TO SUBSECTION (7), A DONOR MAY AMEND OR REVOKE 10 AN ANATOMICAL GIFT NOT MADE BY WILL ONLY BY 1 OR MORE OF THE FOL- 11 LOWING METHODS: 12 (A) A SIGNED STATEMENT. 13 (B) AN ORAL STATEMENT MADE IN THE PRESENCE OF AT LEAST 2 14 INDIVIDUALS. 15 (C) ANY FORM OF COMMUNICATION DURING A TERMINAL ILLNESS OR 16 INJURY ADDRESSED TO A PHYSICIAN. 17 (D) THE DELIVERY OF A SIGNED STATEMENT TO A SPECIFIED DONEE 18 TO WHOM A DOCUMENT OF GIFT HAD BEEN DELIVERED. 19 (7) THE DONOR OF AN ANATOMICAL GIFT MADE BY WILL MAY AMEND 20 OR REVOKE THE GIFT IN THE MANNER PROVIDED BY LAW FOR AMENDMENT OR 21 REVOCATION OF WILLS, OR AS PROVIDED IN SUBSECTION (6). 22 (8) AN ANATOMICAL GIFT THAT IS NOT REVOKED BY THE DONOR 23 BEFORE DEATH IS IRREVOCABLE AND DOES NOT REQUIRE THE CONSENT OR 24 CONCURRENCE OF ANY PERSON AFTER THE DONOR'S DEATH. 25 (9) EXCEPT AS PROVIDED IN SUBSECTION (10), AN INDIVIDUAL MAY 26 REFUSE TO MAKE AN ANATOMICAL GIFT OF THE INDIVIDUAL'S BODY OR 27 PART BY 1 OR MORE OF THE FOLLOWING: 04743'97 5 1 (A) A WRITING SIGNED IN THE SAME MANNER AS A DOCUMENT OF 2 GIFT. 3 (B) A STATEMENT ATTACHED TO OR IMPRINTED ON THE INDIVIDUAL'S 4 MOTOR VEHICLE OPERATOR'S OR CHAUFFEUR'S LICENSE. 5 (C) ANY OTHER WRITING USED TO IDENTIFY THE INDIVIDUAL AS 6 REFUSING TO MAKE AN ANATOMICAL GIFT. 7 (10) DURING A TERMINAL ILLNESS OR INJURY, A REFUSAL TO MAKE 8 AN ANATOMICAL GIFT MAY BE AN ORAL STATEMENT OR OTHER FORM OF 9 COMMUNICATION. 10 (11) IN THE ABSENCE OF CONTRARY INDICATIONS BY THE DONOR, AN 11 ANATOMICAL GIFT OF A PART IS NEITHER A REFUSAL TO GIVE OTHER 12 PARTS NOR A LIMITATION ON AN ANATOMICAL GIFT UNDER SECTION 10115 13 OR ON A REMOVAL OR RELEASE OF OTHER PARTS UNDER SECTION 10117. 14 (12) IN THE ABSENCE OF CONTRARY INDICATIONS BY THE DONOR, A 15 REVOCATION OR AMENDMENT OF AN ANATOMICAL GIFT IS NOT A REFUSAL TO 16 MAKE ANOTHER ANATOMICAL GIFT. IF THE DONOR INTENDS A REVOCATION 17 TO BE A REFUSAL TO MAKE AN ANATOMICAL GIFT, THE DONOR SHALL MAKE 18 THE REFUSAL PURSUANT TO SUBSECTION (9) OR (10). 19 SEC. 10115. (1) A MEMBER OF THE FOLLOWING CLASSES OF INDI- 20 VIDUALS, IN THE ORDER OF PRIORITY LISTED, MAY MAKE AN ANATOMICAL 21 GIFT OF ALL OR A PART OF A DECEDENT'S BODY FOR A PURPOSE STATED 22 IN SECTION 10121, UNLESS THE DECEDENT, AT THE TIME OF DEATH, HAS 23 MADE AN UNREVOKED REFUSAL TO MAKE THAT ANATOMICAL GIFT: 24 (A) THE SPOUSE OF THE DECEDENT. 25 (B) AN ADULT SON OR DAUGHTER OF THE DECEDENT. 26 (C) EITHER PARENT OF THE DECEDENT. 04743'97 6 1 (D) AN ADULT BROTHER OR SISTER OF THE DECEDENT. 2 (E) A GRANDPARENT OF THE DECEDENT. 3 (F) A GUARDIAN OF THE PERSON OF THE DECEDENT AT THE TIME OF 4 DEATH. 5 (2) AN INDIVIDUAL LISTED IN SUBSECTION (1) SHALL NOT MAKE AN 6 ANATOMICAL GIFT IF 1 OR MORE OF THE FOLLOWING CONDITIONS EXIST: 7 (A) AN INDIVIDUAL IN A PRIOR CLASS IS AVAILABLE AT THE TIME 8 OF DEATH TO MAKE AN ANATOMICAL GIFT. 9 (B) THE INDIVIDUAL PROPOSING TO MAKE AN ANATOMICAL GIFT 10 KNOWS OF A REFUSAL OR CONTRARY INDICATIONS BY THE DECEDENT. 11 (C) THE INDIVIDUAL PROPOSING TO MAKE AN ANATOMICAL GIFT 12 KNOWS OF AN OBJECTION TO MAKING AN ANATOMICAL GIFT BY A MEMBER OF 13 THE INDIVIDUAL'S CLASS OR A PRIOR CLASS. 14 (3) AN ANATOMICAL GIFT BY AN INDIVIDUAL AUTHORIZED UNDER 15 SUBSECTION (1) SHALL BE MADE BY 1 OF THE FOLLOWING METHODS: 16 (A) A DOCUMENT OF GIFT SIGNED BY THE INDIVIDUAL. 17 (B) THE INDIVIDUAL'S TELEGRAPHIC, RECORDED TELEPHONIC, OR 18 OTHER RECORDED MESSAGE, OR OTHER FORM OF COMMUNICATION FROM THE 19 INDIVIDUAL THAT IS CONTEMPORANEOUSLY REDUCED TO WRITING AND 20 SIGNED BY THE RECIPIENT OF THE MESSAGE. 21 (4) AN ANATOMICAL GIFT BY AN INDIVIDUAL AUTHORIZED UNDER 22 SUBSECTION (1) MAY BE REVOKED BY A MEMBER OF THE SAME OR A PRIOR 23 CLASS BEFORE PROCEDURES HAVE BEGUN FOR THE REMOVAL OF A PART FROM 24 THE BODY OF THE DECEDENT BY COMMUNICATING THE INTENT TO REVOKE 25 THE ANATOMICAL GIFT TO THE PHYSICIAN, TECHNICIAN, OR ENUCLEATOR 26 REMOVING THE PART. 04743'97 7 1 (5) THE FAILURE OF AN INDIVIDUAL TO MAKE AN ANATOMICAL GIFT 2 UNDER SUBSECTION (1) IS NOT AN OBJECTION BY THAT INDIVIDUAL TO 3 THE MAKING OF AN ANATOMICAL GIFT. 4 SEC. 10117. (1) A COUNTY MEDICAL EXAMINER MAY RELEASE AND 5 PERMIT THE REMOVAL OF A PART FROM A BODY LAWFULLY WITHIN THE 6 COUNTY MEDICAL EXAMINER'S CUSTODY, FOR TRANSPLANTATION OR THERA- 7 PY, IF ALL OF THE FOLLOWING REQUIREMENTS ARE MET: 8 (A) THE COUNTY MEDICAL EXAMINER HAS RECEIVED A REQUEST FOR 9 THE PART FROM A HOSPITAL, PHYSICIAN, OR PROCUREMENT 10 ORGANIZATION. 11 (B) THE MEDICAL EXAMINER HAS MADE A REASONABLE EFFORT, 12 TAKING INTO ACCOUNT THE USEFUL LIFE OF THE PART, TO LOCATE AND 13 EXAMINE THE DECEDENT'S MEDICAL RECORDS AND INFORM INDIVIDUALS 14 LISTED IN SECTION 10115(1) OF THEIR OPTION TO MAKE, OR OBJECT TO 15 MAKING, AN ANATOMICAL GIFT. 16 (C) THE MEDICAL EXAMINER DOES NOT KNOW OF A REFUSAL OR CON- 17 TRARY INDICATION BY THE DECEDENT OR AN OBJECTION BY AN INDIVIDUAL 18 HAVING PRIORITY TO ACT AS LISTED IN SECTION 10115(1). 19 (D) THE REMOVAL WILL BE BY A PHYSICIAN OR TECHNICIAN, OR IN 20 THE CASE OF EYES, BY AN ENUCLEATOR. 21 (E) THE REMOVAL WILL NOT INTERFERE WITH AN AUTOPSY OR INVES- 22 TIGATION CONDUCTED OR ORDERED BY THE COUNTY MEDICAL EXAMINER OR 23 WITH A CRIMINAL INVESTIGATION. 24 (F) THE REMOVAL WILL BE IN ACCORDANCE WITH ACCEPTED MEDICAL 25 STANDARDS OF PRACTICE. 26 (G) COSMETIC RESTORATION WILL BE DONE, IF APPROPRIATE. 04743'97 8 1 (2) IF A BODY IS NOT WITHIN THE LAWFUL CUSTODY OF THE COUNTY 2 MEDICAL EXAMINER, THE LOCAL HEALTH OFFICER MAY RELEASE AND PERMIT 3 THE REMOVAL OF A PART FROM THE BODY FOR TRANSPLANTATION OR THER- 4 APY IF THE BODY IS IN THE LAWFUL CUSTODY OF THE LOCAL HEALTH 5 OFFICER AND IF THE LOCAL HEALTH OFFICER COMPLIES WITH THE 6 REQUIREMENTS OF SUBSECTION (1) IN THE SAME MANNER AS A COUNTY 7 MEDICAL EXAMINER. 8 (3) A COUNTY MEDICAL EXAMINER OR LOCAL HEALTH OFFICER 9 RELEASING AND PERMITTING THE REMOVAL OF A PART UNDER THIS SECTION 10 SHALL MAINTAIN A PERMANENT RECORD OF THE NAME OF THE DECEDENT, 11 THE NAME OF THE PERSON MAKING THE REQUEST, THE DATE AND PURPOSE 12 OF THE REQUEST, THE PART REQUESTED, AND THE NAME OF THE PERSON TO 13 WHOM THE PART WAS RELEASED. 14 (4) THIS SECTION DOES NOT APPLY TO THE REMOVAL OF A CORNEA 15 PURSUANT TO PART 102. 16 SEC. 10119. (1) UPON OR BEFORE ADMISSION OF A PATIENT TO A 17 HOSPITAL, OR AS SOON AS POSSIBLE AFTER A PATIENT'S ADMISSION TO A 18 HOSPITAL, AN INDIVIDUAL DESIGNATED BY THE HOSPITAL SHALL ASK THE 19 PATIENT THE FOLLOWING QUESTION, IF THE PATIENT IS AT LEAST 18 20 YEARS OF AGE: "ARE YOU AN ORGAN OR TISSUE DONOR?" IF THE 21 PATIENT'S ANSWER IS AFFIRMATIVE, THE INDIVIDUAL DESIGNATED BY THE 22 HOSPITAL SHALL REQUEST FROM THE PATIENT A COPY OF THE DOCUMENT OF 23 GIFT. IF THE ANSWER IS NEGATIVE OR THERE IS NO ANSWER AND THE 24 ATTENDING PHYSICIAN CONSENTS, THE INDIVIDUAL DESIGNATED BY THE 25 HOSPITAL SHALL DISCUSS WITH THE PATIENT THE OPTION OF MAKING OR 26 REFUSING TO MAKE AN ANATOMICAL GIFT. THE ANSWER TO THE QUESTION 27 ASKED UNDER THIS SUBSECTION, AN AVAILABLE COPY OF A DOCUMENT OF 04743'97 9 1 GIFT OR OF A REFUSAL TO MAKE AN ANATOMICAL GIFT, AND ANY OTHER 2 RELEVANT INFORMATION SHALL BE PLACED IN THE PATIENT'S MEDICAL 3 RECORD. 4 (2) IF, AT OR NEAR THE TIME OF DEATH OF A PATIENT, THERE IS 5 NO MEDICAL RECORD THAT THE PATIENT HAS MADE OR REFUSED TO MAKE AN 6 ANATOMICAL GIFT, THE HOSPITAL ADMINISTRATOR OR AN INDIVIDUAL DES- 7 IGNATED BY THE HOSPITAL ADMINISTRATOR SHALL DISCUSS THE OPTION OF 8 MAKING OR REFUSING TO MAKE AN ANATOMICAL GIFT AND SHALL REQUEST 9 THAT AN ANATOMICAL GIFT BE MADE PURSUANT TO SECTION 10115(1). 10 THE REQUEST SHALL BE MADE WITH REASONABLE DISCRETION AND SENSI- 11 TIVITY TO THE CIRCUMSTANCES OF THE FAMILY. A REQUEST UNDER THIS 12 SUBSECTION IS NOT REQUIRED IF THE GIFT IS NOT SUITABLE BASED UPON 13 ACCEPTED MEDICAL STANDARDS, FOR A PURPOSE SPECIFIED IN 14 SECTION 10121. AN ENTRY SHALL BE MADE IN THE MEDICAL RECORD OF 15 THE PATIENT, STATING THE NAME AND AFFILIATION OF THE INDIVIDUAL 16 MAKING THE REQUEST UNDER THIS SUBSECTION, AND THE NAME, RESPONSE, 17 AND RELATIONSHIP TO THE PATIENT OF THE INDIVIDUAL TO WHOM THE 18 REQUEST WAS MADE. THE DIRECTOR SHALL PROMULGATE RULES TO IMPLE- 19 MENT THIS SUBSECTION. 20 (3) THE FOLLOWING PERSONS SHALL MAKE A REASONABLE SEARCH FOR 21 A DOCUMENT OF GIFT OR OTHER INFORMATION IDENTIFYING THE BEARER AS 22 A DONOR OR AS AN INDIVIDUAL WHO HAS REFUSED TO MAKE AN ANATOMICAL 23 GIFT: 24 (A) A LAW ENFORCEMENT OFFICER, FIRE FIGHTER, INDIVIDUAL 25 LICENSED UNDER SECTION 20950, OR OTHER EMERGENCY RESCUER FINDING 26 AN INDIVIDUAL WHO THE SEARCHER BELIEVES IS DEAD OR NEAR DEATH. 04743'97 10 1 (B) A HOSPITAL, UPON THE ADMISSION OF AN INDIVIDUAL AT OR 2 NEAR THE TIME OF THE INDIVIDUAL'S DEATH, IF THERE IS NOT 3 IMMEDIATELY AVAILABLE ANOTHER SOURCE OF THAT INFORMATION. 4 (4) IF A DOCUMENT OF GIFT OR EVIDENCE OF REFUSAL TO MAKE AN 5 ANATOMICAL GIFT IS LOCATED BY THE SEARCH REQUIRED UNDER 6 SUBSECTION (3)(A), AND THE INDIVIDUAL OR BODY TO WHOM IT RELATES 7 IS TAKEN TO A HOSPITAL, THE INDIVIDUAL FINDING THE INFORMATION 8 SHALL NOTIFY THE HOSPITAL OF THE INFORMATION AND SEND THE DOCU- 9 MENT OF GIFT OR EVIDENCE OF REFUSAL TO THE HOSPITAL. 10 (5) IF, AT OR NEAR THE TIME OF A PATIENT'S DEATH, A HOSPITAL 11 KNOWS THAT AN ANATOMICAL GIFT HAS BEEN MADE PURSUANT TO 12 SECTION 10115(1) OR A RELEASE AND REMOVAL OF A PART IS PERMITTED 13 PURSUANT TO SECTION 10117, OR THAT A PATIENT OR AN INDIVIDUAL 14 IDENTIFIED AS IN TRANSIT TO THE HOSPITAL IS A DONOR, THE HOSPITAL 15 SHALL NOTIFY THE DONEE IF A DONEE IS NAMED AND KNOWN TO THE HOS- 16 PITAL; IF NOT, THE HOSPITAL SHALL NOTIFY AN APPROPRIATE PROCURE- 17 MENT ORGANIZATION. THE HOSPITAL SHALL COOPERATE IN THE IMPLEMEN- 18 TATION OF THE ANATOMICAL GIFT OR RELEASE AND REMOVAL OF A PART. 19 (6) A PERSON WHO FAILS TO DISCHARGE THE DUTIES IMPOSED BY 20 THIS SECTION IS NOT SUBJECT TO CRIMINAL OR CIVIL LIABILITY BUT IS 21 SUBJECT TO APPROPRIATE ADMINISTRATIVE SANCTIONS. 22 SEC. 10121. (1) THE FOLLOWING PERSONS MAY BECOME DONEES OF 23 ANATOMICAL GIFTS FOR THE PURPOSES STATED: 24 (A) A HOSPITAL, PHYSICIAN, OR PROCUREMENT ORGANIZATION, FOR 25 TRANSPLANTATION, THERAPY, MEDICAL OR DENTAL EDUCATION, RESEARCH, 26 OR ADVANCEMENT OF MEDICAL OR DENTAL SCIENCE. 04743'97 11 1 (B) AN ACCREDITED MEDICAL OR DENTAL SCHOOL, COLLEGE, OR 2 UNIVERSITY FOR EDUCATION, RESEARCH, OR ADVANCEMENT OF MEDICAL OR 3 DENTAL SCIENCE. 4 (C) A DESIGNATED INDIVIDUAL FOR TRANSPLANTATION OR THERAPY 5 NEEDED BY THAT INDIVIDUAL. 6 (2) AN ANATOMICAL GIFT MAY BE MADE TO A DESIGNATED DONEE OR 7 WITHOUT DESIGNATING A DONEE. IF A DONEE IS NOT DESIGNATED OR IF 8 THE DONEE IS NOT AVAILABLE OR REJECTS THE ANATOMICAL GIFT, THE 9 ANATOMICAL GIFT MAY BE ACCEPTED BY ANY HOSPITAL. 10 (3) IF A DONEE KNOWS OF THE DECEDENT'S REFUSAL OR CONTRARY 11 INDICATIONS TO MAKE AN ANATOMICAL GIFT OR THAT AN ANATOMICAL GIFT 12 BY A MEMBER OF A CLASS HAVING PRIORITY TO ACT IS OPPOSED BY A 13 MEMBER OF THE SAME CLASS OR A PRIOR CLASS UNDER SECTION 10115(1), 14 THE DONEE SHALL NOT ACCEPT THE ANATOMICAL GIFT. 15 SEC. 10123. (1) DELIVERY OF A DOCUMENT OF GIFT DURING THE 16 DONOR'S LIFETIME IS NOT REQUIRED FOR THE VALIDITY OF AN ANATOM- 17 ICAL GIFT. 18 (2) IF AN ANATOMICAL GIFT IS MADE TO A DESIGNATED DONEE, THE 19 DOCUMENT OF GIFT, OR A COPY OF THE DOCUMENT OF GIFT, MAY BE 20 DELIVERED TO THE DONEE TO EXPEDITE THE APPROPRIATE PROCEDURES 21 AFTER DEATH. THE DOCUMENT OF GIFT, OR A COPY OF THE DOCUMENT OF 22 GIFT, MAY BE DEPOSITED IN A HOSPITAL, PROCUREMENT ORGANIZATION, 23 OR REGISTRY OFFICE THAT ACCEPTS THE DOCUMENT OF GIFT FOR SAFE- 24 KEEPING OR FOR FACILITATION OF PROCEDURES AFTER DEATH. UPON THE 25 REQUEST OF AN INTERESTED PERSON, UPON OR AFTER THE DONOR'S DEATH, 26 THE PERSON IN POSSESSION OF THE DOCUMENT OF GIFT SHALL ALLOW THE 27 INTERESTED PERSON TO EXAMINE OR COPY THE DOCUMENT OF GIFT. 04743'97 12 1 SEC. 10125. (1) RIGHTS OF A DONEE CREATED BY AN ANATOMICAL 2 GIFT ARE SUPERIOR TO RIGHTS OF OTHERS EXCEPT WITH RESPECT TO 3 AUTOPSIES AS PROVIDED UNDER SECTION 10129(2). A DONEE MAY ACCEPT 4 OR REJECT AN ANATOMICAL GIFT. IF A DONEE ACCEPTS AN ANATOMICAL 5 GIFT OF AN ENTIRE BODY, THE DONEE, SUBJECT TO THE TERMS OF THE 6 ANATOMICAL GIFT, MAY ALLOW EMBALMING AND USE OF THE BODY IN 7 FUNERAL SERVICES. IF THE GIFT IS OF A PART OF A BODY, THE DONEE, 8 UPON THE DEATH OF THE DONOR AND BEFORE EMBALMING, SHALL CAUSE THE 9 PART TO BE REMOVED WITHOUT UNNECESSARY MUTILATION. AFTER REMOVAL 10 OF THE PART, CUSTODY OF THE REMAINDER OF THE BODY VESTS IN THE 11 PERSON UNDER OBLIGATION TO DISPOSE OF THE BODY. 12 (2) THE TIME OF DEATH SHALL BE DETERMINED BY A PHYSICIAN WHO 13 ATTENDS THE DONOR AT DEATH OR, IF NONE, THE PHYSICIAN WHO CERTI- 14 FIES THE DEATH OR AS OTHERWISE PROVIDED BY LAW. NEITHER THE PHY- 15 SICIAN WHO ATTENDS THE DONOR AT DEATH NOR THE PHYSICIAN WHO 16 DETERMINES THE TIME OF DEATH SHALL PARTICIPATE IN THE PROCEDURES 17 FOR REMOVING OR TRANSPLANTING A PART UNLESS THE DOCUMENT OF GIFT 18 DESIGNATES A PARTICULAR PHYSICIAN PURSUANT TO SECTION 10113(4). 19 (3) IF THERE HAS BEEN AN ANATOMICAL GIFT, A TECHNICIAN MAY 20 REMOVE A DONATED PART AND AN ENUCLEATOR MAY REMOVE ANY DONATED 21 EYES OR PARTS OF EYES, AFTER DETERMINATION OF DEATH BY A 22 PHYSICIAN. 23 SEC. 10127. EACH HOSPITAL IN THIS STATE, AFTER CONSULTATION 24 WITH OTHER HOSPITALS AND PROCUREMENT ORGANIZATIONS, SHALL ESTAB- 25 LISH AGREEMENTS OR AFFILIATIONS FOR COORDINATION OF PROCUREMENT 26 AND USE OF HUMAN BODIES AND PARTS. 04743'97 13 1 SEC. 10129. (1) AN ANATOMICAL GIFT AUTHORIZES ANY 2 REASONABLE EXAMINATION NECESSARY TO ASSURE MEDICAL ACCEPTABILITY 3 OF THE ANATOMICAL GIFT FOR THE PURPOSES INTENDED. 4 (2) THIS PART IS SUBJECT TO THE LAWS OF THIS STATE GOVERNING 5 AUTOPSIES INCLUDING, BUT NOT LIMITED TO, 1953 PA 181, MCL 52.201 6 TO 52.216. 7 (3) A HOSPITAL, PHYSICIAN, COUNTY MEDICAL EXAMINER, LOCAL 8 HEALTH OFFICER, ENUCLEATOR, TECHNICIAN, OR OTHER PERSON WHO ACTS 9 IN ACCORDANCE WITH THIS PART OR WITH THE APPLICABLE ANATOMICAL 10 GIFT LAW OF ANOTHER STATE OR A FOREIGN COUNTRY OR ATTEMPTS IN 11 GOOD FAITH TO DO SO IS NOT LIABLE FOR THAT ACT IN A CIVIL ACTION 12 OR CRIMINAL PROCEEDING. 13 (4) AN INDIVIDUAL WHO MAKES AN ANATOMICAL GIFT PURSUANT TO 14 SECTION 10113 OR 10115 AND THE INDIVIDUAL'S ESTATE ARE NOT LIABLE 15 FOR ANY INJURY OR DAMAGE THAT MAY RESULT FROM THE MAKING OR THE 16 USE OF THE ANATOMICAL GIFT. 17 SEC. 10131. THE AMENDATORY ACT THAT ADDED THIS SECTION 18 APPLIES TO A DOCUMENT OF GIFT, A REVOCATION, OR A REFUSAL TO MAKE 19 AN ANATOMICAL GIFT BY THE DONOR OR AN INDIVIDUAL AUTHORIZED TO 20 MAKE OR OBJECT TO MAKING AN ANATOMICAL GIFT SIGNED ON OR AFTER 21 THE EFFECTIVE DATE OF THIS SECTION. 22 SEC. 10133. THIS PART SHALL BE APPLIED AND CONSTRUED TO 23 EFFECTUATE ITS GENERAL PURPOSE TO MAKE UNIFORM THE LAW WITH 24 RESPECT TO THE SUBJECT OF THIS PART AMONG STATES ENACTING IT. 25 SEC. 10151. THIS PART SHALL BE KNOWN AND MAY BE CITED AS 26 THE "UNIFORM ANATOMICAL GIFT ACT". 04743'97 14 1 Enacting section 1. Sections 10101 to 10109 of the public 2 health code, 1978 PA 368, MCL 333.10101 to 333.10109, are 3 repealed. 04743'97 Final page. CPD