HOUSE BILL No. 5836

 

March 7, 2006, Introduced by Rep. Caswell and referred to the Committee on Judiciary.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending sections 2851, 2855, and 10108 (MCL 333.2851, 333.2855,

 

and 333.10108), section 2851 as added by 1996 PA 284, section 2855

 

as amended by 1982 PA 3, and section 10108 as amended by 1986 PA

 

186; and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2851. (1) Subject to any other provision of this part, a

 

person who has authority to make arrangements for a dead human body

 

under  this part  section 3206 of the estates and protected

 

individuals code, 1998 PA 386, MCL 700.3206, also has authority to

 

request a permit for the disinterment of a dead human body under

 

section 2853 notwithstanding the lack of consent of, or 1 or more

 


objections of, a person who owns or possesses ownership rights over

 

the place of repose. A person who owns or possesses ownership

 

rights over the place of repose shall not bear any cost associated

 

with the disinterment unless that person initiates the disinterment

 

or is otherwise legally obligated for the costs of the

 

disinterment.

 

     (2) This section does not void or otherwise affect a gift made

 

pursuant to part 101.

 

     Sec. 2855. (1) An autopsy shall not be performed upon the body

 

of a deceased individual except by a physician who has been granted

 

written consent to perform the autopsy by  whichever 1 of the

 

following individuals assumes custody of the body for purposes of

 

burial: parent, surviving spouse, guardian, or next of kin of the

 

deceased individual or by an individual charged by law with the

 

responsibility for burial of the body. If 2 or more of those

 

individuals assume custody of the body, the consent of 1 is

 

sufficient.  the person with authority over the burial or

 

disposition of the body under section 3206 of the estates and

 

protected individuals code, 1998 PA 386, MCL 700.3206. This section  

 

shall  does not prevent the ordering of an autopsy by a medical

 

examiner or a local health officer.

 

     (2) This section  shall  does not apply to a department of

 

anatomy in a school of medicine in this state  ,  or to an autopsy,

 

postmortem, or dissection performed pursuant to and under the

 

authority of any other law.

 

     (3) A local health officer may order an autopsy if necessary

 

to carry out the functions vested in a local health department by

 


this code.

 

     (4) A physician, including a medical examiner, performing an

 

autopsy pursuant to subsection (1), (2), or (3) may remove, retain,

 

or use the pituitary gland of the deceased individual if the

 

removal, retention, or use of the pituitary gland is for purposes

 

of medical research, education, or therapy, and the physician is

 

unaware of any direction made by the deceased individual before

 

death or of an objection made by the next of kin of the deceased

 

individual that a part of the deceased individual's body not be

 

removed.

 

     (5) If consent for the performance of the autopsy is required

 

pursuant to subsection (1), the physician shall obtain consent from

 

the same individual for the removal, retention, or use of the

 

pituitary gland of the deceased individual pursuant to subsection

 

(4).

 

     (6) Except for a reasonable charge related to the actual costs

 

incurred and incident to removing and handling the pituitary gland,

 

the removed pituitary gland shall be submitted, without charge, to

 

hospitals, medical education or research institutions, or to

 

individuals or organizations for the purpose of treating another

 

human being. The hospital, medical education or research

 

institution, or other individual or organization receiving the

 

gland shall agree to furnish the gland, or a hormone produced from

 

the gland, without charge.

 

     Sec. 10108. (1) The donee may accept or reject the gift. If

 

the donee accepts a gift of the entire body, the  surviving spouse,

 

next of kin, or other persons having  person with authority to

 


direct and arrange for the funeral and burial or other disposition

 

of the body under section 3206 of the estates and protected

 

individuals code, 1998 PA 386, MCL 700.3206, subject to the terms

 

of the gift, may authorize embalming and the use of the body in

 

funeral services. If the gift is a physical part of the body, the

 

donee, upon the death of the donor and prior to embalming, shall

 

cause the physical part to be removed without unnecessary

 

mutilation. After removal of the physical part, custody of the

 

remainder of the body vests in the  surviving spouse, next of kin,

 

or such other persons having  person with authority to direct and

 

arrange for the funeral and burial or other disposition of the

 

remainder of the body under section 3206 of the estates and

 

protected individuals code, 1998 PA 386, MCL 700.3206. The holder

 

of a license for the practice of mortuary science under article 18

 

of the occupational code,  Act No. 299 of the Public Acts of 1980,

 

being sections 339.1801 to 339.1812 of the Michigan Compiled Laws  

 

1980 PA 299, MCL 339.1801 to 339.1812, who acts pursuant to the

 

directions of persons alleging to have authority to direct and

 

arrange for the funeral and burial or other disposition of the

 

remainder of the body, is relieved of any liability for the funeral

 

and for the burial or other disposition of the remainder of the

 

body. A holder of a license for the practice of mortuary science

 

under that act may rely on the instructions and directions of any

 

person alleging to be either a donee or a person authorized under

 

this part to donate a body or any physical part thereof. A holder

 

of a license for the practice of mortuary science under that act is

 

not liable for removal of any physical part of a body donated under

 


this part.

 

     (2) The time of death shall be determined by a physician who

 

attends the donor at the death, or, if none, the physician who

 

certifies the death. The attending or certifying physician shall

 

not participate in the procedures for removing or transplanting a

 

physical part.

 

     (3) A person, including a hospital, who acts in good faith in

 

accord with the terms of this part or with the anatomical gift laws

 

of another state or a foreign country is not liable for damages in

 

any civil action or subject to prosecution in any criminal

 

proceeding for the act.

 

     (4) This part is subject to the laws of this state prescribing

 

powers and duties with respect to autopsies.

 

     Enacting section 1. Sections 2651 to 2663 of the public health

 

code, 1978 PA 368, MCL 333.2651 to 333.2663, are repealed.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No.____ (request no.

 

05977'06) of the 93rd Legislature is enacted into law.