September 19, 2017, Introduced by Reps. Hertel, Sabo, Gay-Dagnogo, Zemke, Wittenberg, Yanez, Chirkun, Lasinski and Sowerby and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding section 10120a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 10120a. (1) The presumed consent organ donation
commission is created within the department.
(2) The commission shall consist of the following 11 members:
(a) Two state senators who serve on the senate committee on
health policy. The senate majority leader shall appoint the
senators described in this subdivision.
(b) Two state representatives who serve on the house committee
on health policy. The speaker of the house of representatives shall
appoint the representatives described in this subdivision.
(c) The following members appointed by the governor:
(i) The secretary of state or his or her designee.
(ii) One representative from the Michigan Health and Hospital
Association.
(iii) One representative from the Michigan State Medical
Society.
(iv) One representative from the Michigan Nurses Association.
(v) One representative from Gift of Life Michigan.
(vi) One representative of donors and their families.
(vii) One representative of recipients and their families.
(3) The members first appointed to the commission shall be
appointed within 90 days after the effective date of the amendatory
act that added this section.
(4) Members of the commission shall serve for terms of 2 years
or until a successor is appointed, whichever is later. However, if
a member of the commission is a member of the Michigan legislature,
he or she shall not serve beyond the end of the legislator's term
of office during which the legislator was appointed to the
commission.
(5) If a vacancy occurs on the commission, the governor shall
make an appointment for the unexpired term in the same manner as
the original appointment.
(6) The governor may remove a member of the commission for
incompetence, dereliction of duty, malfeasance, misfeasance, or
nonfeasance in office, or any other good cause.
(7) The governor shall call the first meeting of the
commission. At the first meeting, the commission shall elect from
among its members a chairperson and other officers as it considers
necessary or appropriate. After the first meeting, the commission
shall meet at least quarterly, or more frequently at the call of
the chairperson or if requested by 7 or more members.
(8) A majority of the members of the commission constitute a
quorum for the transaction of business at a meeting of the
commission. A majority of the members present and serving are
required for official action of the commission.
(9) The business that the commission may perform must be
conducted at a public meeting of the commission held in compliance
with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(10) A writing prepared, owned, used, in the possession of, or
retained by the commission in the performance of an official
function is subject to the freedom of information act, 1976 PA 442,
MCL 15.231 to 15.246.
(11) Members of the commission serve without compensation.
However, members of the commission may be reimbursed for their
actual and necessary expenses incurred in the performance of their
official duties as members of the commission.
(12) The commission shall do all of the following:
(a) Study the impact of establishing a system of presumed
consent organ donation in this state on organ donation rates in
this state.
(b) Study comparisons of organ donation rates in countries
before and after the introduction of a presumed consent law and
comparisons of organ donation rates in countries with and without
presumed consent laws.
(c) Study available data on the attitudes of the public,
professionals, and other stakeholders regarding presumed consent
organ donation.
(d) Study the feasibility of establishing a system of presumed
consent organ donation in this state that would require the
secretary of state to notify each applicant for a driver license or
identification card, each licensee, and each identification card
holder, in person or by mail, that the individual is presumed to
have consented to having his or her name placed on the donor
registry unless the individual expressly chooses not to consent.
(e) Study alternate systems of presumed consent organ
donation.
(f) Study the medical, legal, ethical, economic, and social
issues relating to presumed consent organ donation.
(g) Study how new health technology could support a presumed
consent organ donation system.
(h) Make recommendations on the establishment of a presumed
consent organ donation system in this state and on how a presumed
consent organ donation system would increase organ donation rates
in this state.
(13) The commission shall submit the following written reports
to the legislature and the governor:
(a) Within 2 years after the date the members are first
appointed to the commission, a progress report on the commission's
findings and recommendations under subsection (12) as of the date
of the report.
(b) Within 3 years after the date the members are first
appointed to the commission, a final report on the commission's
findings and recommendations under subsection (12).
(14) As used in this section, "commission" means the presumed
consent organ donation commission created in subsection (1).
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.