Bill Text: MI HB5670 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Probate; powers of attorney; reference to powers of attorney in public health code; revise to reflect adoption of uniform power of attorney act. Amends sec. 10121 of 1978 PA 368 (MCL 333.10121). TIE BAR WITH: HB 5196'09
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-12-16 - Printed Bill Filed 12/15/2009 [HB5670 Detail]
Download: Michigan-2009-HB5670-Introduced.html
HOUSE BILL No. 5670
December 9, 2009, Introduced by Rep. Switalski and referred to the Committee on Judiciary.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 10121 (MCL 333.10121), as added by 2008 PA 39.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 10121. (1) As used in this section:
(a) "Advance health care directive" means a power of attorney
for health care or a record signed or authorized by a prospective
donor containing the prospective donor's direction concerning a
health care decision for the prospective donor. Advance health care
directive includes a durable power of attorney under the uniform
power of attorney act and a designation of patient advocate under
part 5 of article V of the estates and protected individuals code,
1998
PA 386, MCL 700.5501 700.5506
to 700.5520.
(b) "Declaration" means a record signed by a prospective donor
specifying the circumstances under which a life support system may
be withheld or withdrawn from the prospective donor.
(c) "Health care decision" means any decision regarding the
health care of the prospective donor.
(2) If a prospective donor has a declaration or advance health
care directive or is enrolled in a hospice program, and the terms
of the declaration, directive, or enrollment and the express or
implied terms of a potential anatomical gift are in conflict with
regard to the administration of measures necessary to ensure the
medical suitability of a body part for transplantation or therapy,
the prospective donor's attending physician, the prospective donor,
and, if appropriate, the hospice medical director shall confer to
resolve the conflict. If the prospective donor is incapable of
resolving the conflict, an agent acting under the prospective
donor's
declaration, directive, or hospice enrollment, or, if none
there is no agent or the agent is not reasonably available, another
person authorized by law other than this part to make health care
decisions on behalf of the prospective donor, shall act for the
donor to resolve the conflict. The authorized parties shall attempt
to resolve the conflict as expeditiously as possible. Authorized
parties may obtain information relevant to the resolution of the
conflict from the appropriate procurement organization and any
other person authorized to make an anatomical gift for the
prospective donor under section 10109. Before resolution of the
conflict, measures necessary to ensure the medical suitability of
the body part are permissible if they are not contraindicated by
appropriate end-of-life care as determined by the stated wishes of
the prospective donor, by a written advance health care directive,
or, if appropriate, by the hospice medical director.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ (request no. 01651'09) or House Bill No.
5196 of the 95th Legislature is enacted into law.
