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.