HB-4469, As Passed Senate, September 20, 2005
March 8, 2005, Introduced by Reps. Gleason and LaJoy and referred to the Committee on Transportation.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 10104 (MCL 333.10104), as amended by 2003 PA
62.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 10104. (1) A gift of all or a physical part of the
donor's body under section 10102(1) may be made by will. The gift
becomes effective upon the death of the testator without waiting
for probate. If the will is not probated, or if the will is
declared invalid for testamentary purposes, the gift, to the extent
that the gift has been acted upon in good faith, is nevertheless
valid and effective.
(2) A gift of all or a physical part of the donor's body under
section 10102(1) may also be made by document of gift other than a
will. A gift made by a document of gift described in this
subsection becomes effective upon the death of the donor. Subject
to subsections (3) and (4), a document of gift other than a will
may be 1 or more of the following:
(a) A personal identification card issued to the donor by the
secretary of state under 1972 PA 222, MCL 28.291 to 28.300, that
contains a statement that the holder of the personal identification
card is an organ and tissue donor under this part, along with the
signature of the holder and the signature of at least 1 witness to
the holder's signature, as described in section 2 of 1972 PA 222,
MCL 28.292, or, beginning January 1, 2007, a heart insignia.
(b) A motor vehicle operator's or chauffeur's license issued
to the donor by the secretary of state under the Michigan vehicle
code, 1949 PA 300, MCL 257.1 to 257.923, that contains a statement
that the licensee is an organ and tissue donor under this part,
along with the signature of the licensee and the signature of at
least 1 witness to the licensee's signature, as described in
section 310 of the Michigan vehicle code, 1949 PA 300, MCL 257.310,
or, beginning January 1, 2007, a heart insignia.
(c) A document of gift that conforms substantially to the
following form:
Uniform Donor Card
of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Print or type name of donor
In the hope that I may help others, I hereby make this anatomical
gift if medically acceptable, to take effect upon my death. The
words and marks below indicate my desires.
I give: (a) ...... any needed organs or physical parts
(b) ...... only the following organs or physical parts
Specify the organ(s) or physical part(s)
For the purposes of transplantation, therapy, medical research or
education;
(c) ...... my body for anatomical study if needed.
Limitations or special wishes, if any:
Signed by the donor and at least 1 witness, in the presence of each
other:
Signature of donor Date of birth of donor
Date signed City and state
Witness Witness
(3) If a donor does not specify a gift of his or her entire
body in the statement described in subsection (2)(a) or (b) on the
individual's personal identification card or motor vehicle
operator's or chauffeur's license, the gift is limited to physical
parts of the donor's body and does not include the donor's entire
body.
(4) A gift under section 10102 may be made to a specified or
unspecified donee. If the donee is not specified, the attending
physician may accept the gift as donee upon or following the
donor's death. If the gift is made to a specified donee who is not
available at the time and place of death, the attending physician
may, upon or following the donor's death, and in the absence of any
expressed indication that the donor desired otherwise, accept the
gift as donee. An attending physician who becomes a donee under
this subsection shall not participate in the procedures for
removing or transplanting a physical part.
(5) Notwithstanding section 10108(4), the donor may designate
in his or her will or other document of gift described in
subsection (2) the physician who is to carry out the procedures
necessary to effectuate the gift. In the absence of a designation
under this subsection or if the designee is not available, the
donee or other person authorized to accept the gift may employ or
authorize another physician for the purpose of effectuating the
gift.
(6) A donor who is unable to sign a document of gift may
direct another individual to sign the document of gift on his or
her behalf if the signature of the other individual is made in the
donor's presence and in the presence of at least 1 witness. The
witness shall also sign the document of gift in the donor's
presence.
(7) A gift of all or a physical part of a donor's body made by
will as authorized by subsection (1) or by a document of gift other
than a will as authorized by subsection (2) is not revocable after
the death of the donor regardless of the expressed desires of the
deceased donor's next of kin who may oppose the donor's organ,
tissue, or eye donation.
(8) A gift by an individual designated in section 10102(2)
shall be made by a document signed by the individual or made by the
individual's telegraphic, electronic, recorded telephonic, or other
recorded message.
(9) A document of gift executed in another state or foreign
country and in accord with the laws of that state or country is
valid as a document of gift in this state, even if the document
does not conform substantially to the form set forth in subsection
(2)(c).
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 93rd Legislature are
enacted into law:
(a) House Bill No. 4082.
(b) House Bill No. 4470.
(c) Senate Bill No. 301.