HOUSE BILL No. 4430 March 8, 2001, Introduced by Reps. Murphy, Rich Brown, Adamini, Whitmer, Zelenko, Bernero, Waters, Spade, Williams, Kolb, McConico, Phillips, Lockwood, Clarke, DeWeese, Neumann and Dennis and referred to the Committee on Health Policy. A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 10102 and 10104 (MCL 333.10102 and 333.10104). THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 10102. (1) An individual of sound mind and 18 years of 2 age or more maygiveMAKE A GIFT OF all oranyA physical 3 part ofthe individual'sHIS OR HER body foranyA purpose 4 specified in section 10103,the gift to take effectEFFECTIVE 5 upon THAT INDIVIDUAL'S death. 6 (2)Any of the following persons, in order of priority7stated, when persons in prior classes are not available at the8time of death, and in the absence of actual notice of contrary9indications by the decedent or actual notice of opposition by a10member of the same or a prior class,UPON OR IMMEDIATELY BEFORE 01144'01 GWH 2 1 THE DEATH OF AN INDIVIDUAL WHO HAS NOT MADE A GIFT OF ALL OR A 2 PHYSICAL PART OF HIS OR HER BODY UNDER THIS PART, AN INDIVIDUAL 3 HAVING THE FOLLOWING RELATIONSHIP TO THAT INDIVIDUAL may,give4 IN THE FOLLOWING ORDER OF PRIORITY AND SUBJECT TO SUBSECTION (3), 5 MAKE A GIFT OF all oranyA physical part ofthe decedent's6 THE DECEASED INDIVIDUAL'S body foranyA purpose specified in 7 section 10103: 8 (a) The spouse. 9 (B) A PATIENT ADVOCATE DESIGNATED UNDER SECTION 5506 OF THE 10 ESTATES AND PROTECTED INDIVIDUALS CODE, 1998 PA 386, 11 MCL 700.5506, WHO IS AUTHORIZED TO MAKE SUCH A GIFT. 12 (C)(b)An adult son or daughter. 13 (D)(c)Either parent. 14 (E)(d)An adult brother or sister. 15 (F)(e)A guardian of the person of the decedent at the 16 time of the death. 17 (G)(f) Any other personAN INDIVIDUAL OTHER THAN AN INDI- 18 VIDUAL DESCRIBED IN SUBDIVISIONS (A) TO (F), WHO IS authorized or 19 under obligation to dispose of the body. 20 (3) AN INDIVIDUAL DESCRIBED IN SUBSECTION (2) MAY MAKE A 21 GIFT OF ALL OR A PHYSICAL PART OF A DECEDENT'S BODY IN ACCORDANCE 22 WITH THIS PART IF EACH OF THE FOLLOWING CIRCUMSTANCES EXISTS: 23 (A) AN INDIVIDUAL HAVING A HIGHER PRIORITY UNDER SUBSECTION 24 (2) TO MAKE THE GIFT IS NOT AVAILABLE OR IS NOT CAPABLE OF MAKING 25 THE DECISION AT THE TIME OF THE DECEDENT'S DEATH. 01144'01 3 1 (B) THE INDIVIDUAL MAKING THE GIFT HAS NOT RECEIVED ACTUAL 2 NOTICE THAT THE DECEDENT HAD EXPRESSED AN UNWILLINGNESS TO MAKE 3 THE GIFT. 4 (C) THE INDIVIDUAL MAKING THE GIFT HAS NOT RECEIVED ACTUAL 5 NOTICE THAT AN INDIVIDUAL HAVING EQUAL OR GREATER PRIORITY UNDER 6 SUBSECTION (2) OPPOSES THE MAKING OF THE GIFT. 7 (4) A GIFT MADE BY AN INDIVIDUAL DESCRIBED IN SUBSECTION (2) 8 IS NOT REVOCABLE BY AN INDIVIDUAL HAVING A LOWER PRIORITY UNDER 9 SUBSECTION (2). 10 (5)(3)If the donee has actual noticeof contrary indi-11cations byTHAT the decedent HAD EXPRESSED AN UNWILLINGNESS TO 12 MAKE THE GIFT, or ACTUAL NOTICE thata gift by a member of a13class is opposed by a member of the same or a prior class, the14doneeAN INDIVIDUAL HAVING A HIGHER PRIORITY UNDER SUBSECTION 15 (2) THAN THAT OF THE INDIVIDUAL MAKING THE GIFT UNDER 16 SUBSECTION (2) OPPOSES THE MAKING OF THE GIFT, THE DONEE shall 17 not accept the gift.The persons authorized by subsection (2)18may make the gift after or immediately before death.19 (6)(4)A gift of all or a physical part of a body UNDER 20 THIS SECTION authorizes any examination necessary to assure medi- 21 cal acceptability of the gift for the purposes intended. 22 (7)(5)The rights of the donee created by the gift are 23 paramount to the rights of others except as provided by section 24 10108(4). 25 Sec. 10104. (1) A gift of all or a physical part of the 26 DONOR'S body under section 10102(1) may be made by will. The 27 gift becomes effective upon the death of the testator without 01144'01 4 1 waiting for probate. If the will is not probated, or ifitTHE 2 WILL is declared invalid for testamentary purposes, the gift, to 3 the extent thatitTHE GIFT has been acted upon in good faith, 4 is nevertheless valid and effective. 5 (2) A gift of all or a physical part of the DONOR'S body 6 under section 10102(1) may also be made by document OF GIFT other 7 than a will.TheA gift MADE BY A DOCUMENT OF GIFT DESCRIBED 8 IN THIS SUBSECTION becomes effective upon the death of the 9 donor.The document, which may be a card designed to be carried10on the person, shall be signed by the donor in the presence of 211witnesses who shall sign the document in the donor's presence.12If the donor cannot sign, the document may be signed for the13donor at his or her direction and in his or her presence in the14presence of 2 witnesses who shall sign the document in the15donor's presence. Delivery of the document of gift during the16donor's lifetime is not necessary to make the gift valid.17 SUBJECT TO SUBSECTIONS (3) AND (4), A DOCUMENT OF GIFT OTHER THAN 18 A WILL MAY BE 1 OR MORE OF THE FOLLOWING: 19 (A) A PERSONAL IDENTIFICATION CARD ISSUED TO THE DONOR BY 20 THE SECRETARY OF STATE UNDER 1972 PA 222, MCL 28.291 TO 28.300, 21 THAT CONTAINS A STATEMENT THAT THE HOLDER OF THE PERSONAL IDENTI- 22 FICATION CARD IS AN ORGAN AND TISSUE DONOR UNDER THIS PART, ALONG 23 WITH THE SIGNATURE OF THE HOLDER AND THE SIGNATURE OF AT LEAST 1 24 WITNESS TO THE HOLDER'S SIGNATURE, AS DESCRIBED IN SECTION 2 OF 25 1972 PA 222, MCL 28.292. 26 (B) A MOTOR VEHICLE OPERATOR'S OR CHAUFFEUR'S LICENSE ISSUED 27 TO THE DONOR BY THE SECRETARY OF STATE UNDER THE MICHIGAN VEHICLE 01144'01 5 1 CODE, 1949 PA 300, MCL 257.1 TO 257.923, THAT CONTAINS A 2 STATEMENT THAT THE LICENSEE IS AN ORGAN AND TISSUE DONOR UNDER 3 THIS PART, ALONG WITH THE SIGNATURE OF THE LICENSEE AND THE SIG- 4 NATURE OF AT LEAST 1 WITNESS TO THE LICENSEE'S SIGNATURE, AS 5 DESCRIBED IN SECTION 310 OF THE MICHIGAN VEHICLE CODE, 1949 6 PA 300, MCL 257.310. 7 (C) A documentwhichOF GIFT THAT conforms substantially 8 to the following form:is sufficient for the purposes of this9subsection:10 Uniform Donor Card 11 of............................................................... 12 Print or type name of donor 13 In the hope that I may help others, I hereby make this anatomical 14 gift if medically acceptable, to take effect upon my death. The 15 words and marks below indicate my desires. 16 I give: (a) ............... any needed organs or physical parts 17 (b) ....... only the following organs or physical parts 18 ________________________________________ 19 Specify the organ(s) or physical part(s) 20 For the purposes of transplantation, therapy, medical research or 21 education; 22 (c) ........... my body for anatomical study if needed. 23 Limitations or special wishes, if any: __________________________ 24 Signed by the donor andthe following 2 witnessesAT LEAST 1 25 WITNESS, in the presence of each other: 26 _______________________ _________________________ 27 Signature of donor Date of birth of donor 28 _______________________ _________________________ 29 Date signed City and state 30 _______________________ _________________________ 31 Witness Witness 32 (3) IF A DONOR DOES NOT SPECIFY A GIFT OF HIS OR HER ENTIRE 33 BODY IN THE STATEMENT DESCRIBED IN SUBSECTION (2)(A) OR (B) ON 34 THE INDIVIDUAL'S PERSONAL IDENTIFICATION CARD OR MOTOR VEHICLE 35 OPERATOR'S OR CHAUFFEUR'S LICENSE, THE GIFT IS LIMITED TO 01144'01 6 1 PHYSICAL PARTS OF THE DONOR'S BODY AND DOES NOT INCLUDE THE 2 DONOR'S ENTIRE BODY. 3 (4)(3) TheA gift UNDER SECTION 10102 may be made to a 4 specified OR UNSPECIFIED donee.or without specifying a donee.5 If thelatterDONEE IS NOT SPECIFIED,the gift may be accepted6bythe attending physician MAY ACCEPT THE GIFT as donee upon or 7 following THE DONOR'S death. If the gift is made to a specified 8 donee who is not available at the time and place of death, the 9 attending physician MAY, upon or following THE DONOR'S death, AND 10 in the absence of any expressed indication that the donor desired 11 otherwise,mayaccept the gift as donee.TheAN ATTENDING 12 physician who becomes a donee under this subsection shall not 13 participate in the procedures for removing or transplanting a 14 physical part. 15 (5)(4)Notwithstanding section 10108(4), the donor may 16 designate in his or her will, card,or other document of gift 17 DESCRIBED IN SUBSECTION (2) thesurgeon orphysician WHO IS to 18 carry out theappropriateprocedures NECESSARY TO EFFECTUATE 19 THE GIFT. In the absence of a designation UNDER THIS SUBSECTION 20 or if the designee is not available, the donee or other person 21 authorized to accept the gift may employ or authorizeany sur-22geon orANOTHER physician for the purpose OF EFFECTUATING THE 23 GIFT. 24 (6) A DONOR WHO IS UNABLE TO SIGN A DOCUMENT OF GIFT MAY 25 DIRECT ANOTHER INDIVIDUAL TO SIGN THE DOCUMENT OF GIFT ON HIS OR 26 HER BEHALF IF THE SIGNATURE OF THE OTHER INDIVIDUAL IS MADE IN 27 THE DONOR'S PRESENCE AND IN THE PRESENCE OF AT LEAST 1 WITNESS. 01144'01 7 1 THE WITNESS SHALL ALSO SIGN THE DOCUMENT OF GIFT IN THE DONOR'S 2 PRESENCE. 3 (7) A GIFT OF ALL OR A PHYSICAL PART OF A DONOR'S BODY MADE 4 BY WILL AS AUTHORIZED BY SUBSECTION (1) OR BY A DOCUMENT OF GIFT 5 OTHER THAN A WILL AS AUTHORIZED BY SUBSECTION (2) IS NOT REVOCA- 6 BLE AFTER THE DEATH OF THE DONOR. 7 (8)(5) AnyA gift bya personAN INDIVIDUAL designated 8 in section 10102(2) shall be made by a document signed by the 9personINDIVIDUAL or made by theperson'sINDIVIDUAL'S tele- 10 graphic, ELECTRONIC, recorded telephonic, or other recorded 11 message. 12 (9)(6)A document of gift executed in another state or 13 foreign country and in accord with the laws of that state or 14 country is valid as a document of gift in this state,although15 EVEN IF the document does not conform substantially to the form 16 set forth in subsection(2)(2)(C). 17 Enacting section 1. This amendatory act does not take 18 effect unless Senate Bill No. _____ or House Bill No. 4431 19 (request no. 01144'01 a) of the 91st Legislature is enacted into 20 law. 01144'01 Final page. GWH