SB-0592, As Passed Senate, December 9, 2015

SUBSTITUTE FOR

SENATE BILL NO. 592

     A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending section 10205 (MCL 333.10205), as added by 1999 PA 62.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 10205. (1) Except as otherwise provided in subsections

(2) and (3), an individual who surgically removes a human organ for

transplantation, implantation, infusion, injection, or any other

medical or scientific purpose shall perform the surgery only in 1

of the following facilities:

     (a) A hospital licensed under article 17.

     (b) A facility approved by the director of the department of

consumer and industry services licensing and regulatory affairs

under subsection (4).

     (c) A facility operated by a federally designated organ

procurement organization for the state of Michigan.

     (2) An individual who surgically removes a human organ

consisting of tissue, a cornea, or a whole eye for transplantation,

implantation, infusion, injection, or any other medical or

scientific purpose shall perform the removal surgery only in 1 of

the following facilities or in a hospital or other facility

described in subsection (1)(a) or (b):(1):

     (a) A mortuary that is part of a funeral establishment owned

or operated by the holder of a license for the practice of mortuary

science issued under article 18 of the occupational code, 1980 PA

299, MCL 339.1801 to 339.1812.

     (b) A morgue or a facility operated by a county medical

examiner appointed under 1953 PA 181, MCL 52.201 to 52.216.

     (3) Subsections (1) and (2) do not apply to a licensed

allopathic physician or osteopathic physician who performs a biopsy

or the routine removal of human tissue from a patient in the

physician's private practice office or other health facility

licensed under article 17 for the diagnosis or treatment of that

patient and not for purposes of transplantation, implantation,

infusion, or injection.

     (4) The director of the department of consumer and industry

services licensing and regulatory affairs may promulgate rules to

designate 1 or more approved facilities for purposes of subsection

(1)(b).

     (5) An individual who violates subsection (1) or (2) is guilty

of a felony.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.