November 3, 2015, Introduced by Senators HERTEL, SHIRKEY and HUNE and referred to the Committee on Health Policy.
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 or its designee.
(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.