HOUSE BILL No. 4348


     February 27, 2001, Introduced by Reps. Stallworth and Lemmons and referred to the Committee on Health Policy.


        A bill to amend 1978 PA 368, entitled

   "Public health code,"

   by amending section 10102a (MCL 333.10102a), as added by 1986

   PA 186.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 10102a.  (1) Subject to section 10102(3) and subsec-

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      tions (2) to (7), the person designated pursuant to subsection

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      (7) shall, at or near the death of a patient whose body, accord-

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      ing to accepted medical standards, is suitable for donation or

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      for the donation of physical parts, request 1 of the persons

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      listed in section 10102(2), in the order of priority stated, to

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      consent to the gift of all or any physical part of the decedent's

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      body.






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           (2) The person designated pursuant to subsection (7) shall

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      not make a request for consent pursuant to subsection (1) if 1 or

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      more of the following conditions exist:

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           (a) The person designated pursuant to subsection (7) has

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      actual notice of contrary indications by the patient or

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      decedent.

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           (b) The person designated pursuant to subsection (7) has

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      actual notice of opposition by a person listed in section

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      10102(2) unless a person in a prior class under that section is

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      available for a request to be made.

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           (c) The person designated pursuant to subsection (7) has

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      knowledge that the gift of all or a physical part of a body is

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      contrary to the religious beliefs of the decedent.

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           (3) Each hospital shall maintain a hospital organ donation

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      log sheet on a form provided by the department.  The organ dona-

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      tion log sheet shall include all of the following information:

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           (a) The name and age of the patient or decedent for whom a

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      request is made pursuant to this section.

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           (b) A list of patients or decedents for whom a request was

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      not made pursuant to this section and the reason for not making

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      the request, as set forth in subsection (2).

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           (c) An indication that a request for consent to a gift of

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      all or a physical part of a body has been made.

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           (d) An indication of whether or not consent was granted.

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           (e) If consent was granted, an indication of which physical

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      parts of the body were donated, or whether the entire body was

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      donated.



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           (f) The name and signature of the person making the

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      request.

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           (4) After making a request for a gift pursuant to subsection

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      (1), the person designated pursuant to subsection (7) shall com-

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      plete the hospital's organ donation log sheet.

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           (5) A summary of the information contained in the organ

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      donation log sheets annually shall be transmitted by each hospi-

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      tal to the department OF CONSUMER AND INDUSTRY SERVICES.  The

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      summary shall include all of the following:

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           (a) The number of deaths.

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           (b) The number of requests made.

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           (c) The number of consents granted.

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           (d) The number of bodies or physical parts donated in each

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      category as specified on the organ donation log sheet.

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           (6) A gift made pursuant to a request required by this sec-

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      tion shall be executed pursuant to this part.

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           (7) The chief executive officer of each hospital shall

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      develop and implement a policy regarding requests made pursuant

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      to this section.  The policy shall provide, at a minimum, for all

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      of the following:

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           (a) The designation of persons who shall make requests under

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      this section.

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           (b) That if a patient's religious preference is known, a

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      clergy of that denomination shall, if possible, be made available

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      upon request to the persons to whom a request under this section

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      is made.





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           (c) The development of a support system which facilitates

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      the making of requests under this section.

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           (d) The maintenance of the organ donation log sheet required

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      by subsection (3).

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           (8) A HOSPITAL MAY ENTER INTO A CONTRACT WITH 1 OR MORE

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      INDIVIDUALS, INCLUDING, BUT NOT LIMITED TO, 1 OR MORE LICENSED

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      ATTORNEYS OR CERTIFIED PUBLIC ACCOUNTANTS TO EXPLAIN THE BENEFITS

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      OF ORGAN DONATION TO POTENTIAL DONORS, AND TO ASSIST THE PERSON

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      DESIGNATED PURSUANT TO SUBSECTION (7) IN OBTAINING CONSENT TO

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      ORGAN DONATION ON A DOCUMENT OF GIFT THAT MEETS THE REQUIREMENTS

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      OF SECTION 10104. A HOSPITAL THAT ENTERS INTO A CONTRACT UNDER

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      THIS SUBSECTION SHALL COMPLY WITH ALL CONDITIONS OF PARTICIPATION

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      IN MEDICARE, INCLUDING THOSE CONDITIONS RELATED TO THE TRAINING

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      OF DESIGNATED REQUESTERS.  AS USED IN THIS SUBSECTION, "MEDICARE"

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      MEANS THAT TERM AS DEFINED IN SECTION 17745A.

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           (9)  (8)  The director may promulgate rules to establish

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      minimum training standards for persons required to make requests

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      pursuant to this section and to revise the organ donation log

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      sheet required by subsection (3).

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           (10)  (9)  This section  shall  DOES not  be
   construed to

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      authorize the withdrawal or withholding of medical care for a

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      patient who is a possible donor and who is near death.













   02710'01          Final page.                            CPD