Bill Text: MI SB0485 | 2013-2014 | 97th Legislature | Engrossed

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Bill Title: Health; death; unclaimed body program; require department of community health to establish. Amends secs. 2652, 2653, 2655, 2656, 2658 & 2659 of 1978 PA 368 (MCL 333.2652 et seq.) & adds sec. 2652a.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2014-10-01 - Referred To Committee On Health Policy [SB0485 Detail]

Download: Michigan-2013-SB0485-Engrossed.html

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SB-0485, As Passed Senate, October 1, 2014

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 485

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 10204 (MCL 333.10204), as amended by 2008 PA

 

39, and by adding part 29; and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

PART 29

 

SCIENTIFIC USE OF DEAD HUMAN BODIES

 

     Sec. 2901. (1) For purposes of this part, the words and

 

phrases defined in sections 2903 to 2905 have the meanings ascribed

 

to them in those sections.

 

     (2) In addition, article 1 contains general definitions and

 

principles of construction applicable to all articles in this code.

 

     Sec. 2903. (1) "Board" means the anatomy board created in

 

section 2911.

 

     (2) "Designated medical school" means an accredited medical

 

school in this state that has a mortuary science licensee on staff.

 

     (3) "Educational use" means use to promote an understanding of

 

the human body in medical or dental instruction and study and for

 

instruction in other health sciences.

 

     (4) "Final disposition" means the burial, cremation,

 

interment, or other legal disposition of a decedent's body.

 

     Sec. 2905. (1) "Mortuary science licensee" means an individual

 

who holds 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.

 

     (2) "Person" means that term as defined in section 1106 and

 

includes a governmental entity.

 

     (3) "Person with authority" means a person that has the right

 

and power to make decisions about a decedent's body under section

 

3206 of the estates and protected individuals code, 1998 PA 386,

 

MCL 700.3206.

 

     (4) "Scientific use" means use to promote the production,

 

advancement, and dissemination of knowledge and understanding that

 

will ultimately benefit mankind through scientific study and

 

research. Scientific use includes educational use.

 

     (5) "Unclaimed body" means a decedent's body that is not

 

claimed for final disposition by a person with authority after an

 

attempt to identify and notify a person with authority has been

 

made as required in section 2915.

 

     Sec. 2909. Except as otherwise specifically provided, this

 

part does not apply to an anatomical gift made in compliance with

 

part 101 or to the disposition of a human body part made in

 

compliance with part 102.

 

     Sec. 2911. (1) The anatomy board is created in the department.

 

The director shall appoint an administrator of the board to provide

 

administrative support to the board and to act as liaison between

 

the department and the board.

 

     (2) The board consists of members who represent designated

 

medical schools. The director shall appoint members to represent

 

designated medical schools based on nominees submitted by the

 

designated medical schools. A member must be a mortuary science

 

licensee. By 90 days after the effective date of this section, the

 

director shall appoint the first members to the board.

 

     (3) A member of the board shall serve until he or she resigns

 

or is removed from office or until a successor is appointed. If a

 

vacancy occurs on the board, the director shall appoint a member to

 

the board in the same manner as the original appointment. The

 

director may remove a member of the board for incompetence;

 

dereliction of duty; malfeasance, misfeasance, or nonfeasance in

 

office; or any other good cause. A member of the board shall serve

 

without compensation.

 

     (4) The director shall call the first meeting of the board. At

 

the first meeting, and biennially after the first meeting, the

 

board shall elect from among its members a chairperson and other

 

officers it considers necessary or appropriate. After the first

 

meeting, the board shall meet at least quarterly, or more

 

frequently at the call of the chairperson or if requested by 2/3 or

 

more of its members.

 

     (5) A majority of the members of the board constitute a quorum

 

for the transaction of business at a meeting of the board. A

 

majority of the members of the board are required for official

 

action of the board.

 

     (6) The board shall conduct its business at a public meeting

 

of the board held in compliance with the open meetings act, 1976 PA

 

267, MCL 15.261 to 15.275. A writing prepared, owned, used, in the

 

possession of, or retained by the board in the performance of an

 

official function is subject to the freedom of information act,

 

1976 PA 442, MCL 15.231 to 15.246.

 

     (7) The board shall do all of the following:

 

     (a) Comply with the requirements of this part.

 

     (b) Develop criteria, standards, and procedures not

 

inconsistent with this part for consideration of unclaimed bodies

 

that are suitable for scientific use.

 

     (c) Work together to provide for statewide consideration of

 

unclaimed bodies for scientific use.

 

     (d) At least annually notify interested parties about board

 

procedures for scientific use of dead human bodies, contact

 

information, and any other relevant information.

 

     (e) Maintain permanent records of all of the information

 

required under this part for all dead human bodies received by

 

members of the board.

 

     (f) Provide an annual report to the director, the house and

 

senate standing committees with jurisdiction over issues pertaining

 

to public health, the house and senate appropriations subcommittees

 

on community health, and the house and senate fiscal agencies that

 

includes the information the board is required to maintain.

 

     (8) The board may do any of the following:

 

     (a) Provide further information or recommendations to the

 

director related to the activities of the board.

 

     (b) Develop procedures as necessary that are not inconsistent

 

with this part.

 

     Sec. 2913. (1) A member of the board shall receive unclaimed

 

bodies that are suitable for scientific use from all geographic

 

areas of this state. A member of the board may receive dead human

 

bodies as otherwise provided by law. Upon receipt of a dead human

 

body, the member of the board shall give the body an identification

 

number and assign a designation that identifies whether the body

 

was donated, willed, or unclaimed.

 

     (2) A member of the board may allocate dead human bodies it

 

receives to teaching institutions, hospitals, and other persons

 

that require them for educational use as provided in section 2919.

 

     (3) The board shall keep permanent records of all record

 

elements required under this part and of the receipt and

 

disposition of all dead human bodies a member of the board

 

receives.

 

     Sec. 2915. (1) A person in charge or control of a decedent's

 

body shall attempt to identify and notify a person with authority

 

in the manner prescribed in section 3206 of the estates and

 

protected individuals code, 1998 PA 386, MCL 700.3206.

 

     (2) If an attempt to locate a person with authority willing to

 

claim the decedent's body as provided in subsection (1) is

 

unsuccessful, the person in charge or control of a decedent's body

 

shall contact the county medical examiner as required in section

 

3206 of the estates and protected individuals code, 1998 PA 386,

 

MCL 700.3206. The county medical examiner shall act as the person

 

with authority under this section, as required in section 3206 of

 

the estates and protected individuals code, 1998 PA 386, MCL

 

700.3206. The county medical examiner shall contact the board

 

within 72 hours of death for a determination of whether the

 

unclaimed body is suitable for scientific use.

 

     (3) A person with authority may authorize that a decedent's

 

body become available to the board as an unclaimed body for

 

scientific use. The person with authority or his or her designee

 

shall contact the board within 72 hours of death for a

 

determination of whether the unclaimed body is suitable for

 

scientific use. A person with authority may later claim an

 

unclaimed body that has been determined suitable for scientific use

 

before final disposition of the unclaimed body, through a mortuary

 

science licensee.

 

     (4) Notwithstanding any other provision of this part to the

 

contrary, if the decedent, whose body is an unclaimed body under

 

this section, was a member of a religious faith maintaining a

 

benevolent association that will provide for the final disposition

 

of the unclaimed body in accordance with the tenets of the

 

religion, the person in charge or control of the unclaimed body

 

shall notify the benevolent association of the death of the

 

decedent by telephone, facsimile, or electronic mail, and shall

 

surrender the body to the benevolent association upon request. A

 

benevolent association that is willing to provide for the final

 

disposition of the unclaimed bodies of decedents who were members

 

of its religious faith shall notify the board and other interested

 

parties of that willingness.

 

     Sec. 2917. The handling, embalming, transportation, and final

 

disposition of an unclaimed body must be under the supervision of a

 

mortuary science licensee. An unclaimed body must be disposed of by

 

any lawful means, unless the body is reclaimed by a person with

 

authority through a mortuary science licensee or surrendered to a

 

benevolent association under section 2915.

 

     Sec. 2919. A teaching institution, hospital, or person other

 

than a member of the board may submit a written request to the

 

board to receive unclaimed bodies for educational use. The board

 

shall evaluate a written request received under this subsection

 

according to procedures and standards established by the board. The

 

educational use needs of undergraduate medical and dental schools

 

in this state have priority over other requests for bodies under

 

this part.

 

     Sec. 2920. A person that receives an unclaimed body for

 

scientific use shall bear all expense incurred in the preservation,

 

transportation, and final disposition of the unclaimed body. The

 

person shall keep a permanent record of unclaimed bodies received,

 

including the identification number and designation assigned under

 

section 2913, name, age, sex, date of death, place of last

 

residence, source, method of disposition, final resting place, and

 

date interred.

 

     Sec. 2921. (1) The department may promulgate rules under the

 

administrative procedures act of 1969 that it determines necessary

 

to implement this part.

 

     (2) R 325.951 to R 325.955 of the Michigan administrative code

 

are rescinded.

 

     Sec. 2923. (1) A person that unlawfully disposes of, uses, or

 

sells a dead human body or part of a dead human body or who

 

violates this part is guilty of a misdemeanor.

 

     (2) The penalties and remedies under this part are cumulative.

 

The bringing of an action or prosecution under this part does not

 

bar an action or prosecution under any other applicable law.

 

     Sec. 10204. (1) Except as otherwise provided in subsection

 

(2), a person shall not knowingly acquire, receive, or otherwise

 

transfer a human organ or part of a human organ for valuable

 

consideration for any purpose, including but not limited to

 

transplantation, implantation, infusion, injection, or other

 

medical or scientific purpose. A person who violates this

 

subsection is guilty of a felony.

 

     (2) Subsection (1) does not prohibit 1 or more of the

 

following practices:

 

     (a) The removal and use of a human cornea pursuant to section

 

10202, or the removal and use of a human pituitary gland pursuant

 

to section 2855.

 

     (b) An anatomical gift pursuant to part 101, or the

 

acquisition receipt or distribution disposition of dead human

 

bodies or parts by the department pursuant to sections 2652 to

 

2663.by the anatomy board under part 29.

 

     (c) Financial assistance payments provided under a plan of

 

insurance or other health care coverage.

 

     (3) Except as otherwise provided in part 101, only an

 

individual who is 1 of the following may surgically remove a human

 

organ for transplantation, implantation, infusion, injection, or

 

any other medical or scientific purpose:

 

     (a) A physician licensed under article 15.

 

     (b) An individual acting under the delegatory authority and

 

supervision of a physician pursuant to section 16215(2), but not

 

including an individual whose license has been suspended under

 

article 15. This subdivision includes, but is not limited to, an

 

individual described in section 16215(3).

 

     (c) An individual residing in another state and authorized to

 

practice allopathic medicine or osteopathic medicine and surgery in

 

that state who is called into this state by a physician licensed

 

under article 15 and is authorized by a hospital licensed under

 

article 17 to surgically remove 1 or more of the following organs

 

for transport back to the other state:

 

     (i) A heart.

 

     (ii) A liver.

 

     (iii) A lung.

 

     (iv) A pancreas.

 

     (v) A kidney.

 

     (vi) All or part of an intestine.

 

     (vii) Any other human organ specified by rule promulgated by

 

the department under subsection (6).

 

     (4) An individual who violates subsection (3) is guilty of a

 

felony.

 

     (5) As used in this section:

 

     (a) "Human organ" means the human kidney, liver, heart, lung,

 

pancreas, intestine, bone marrow, cornea, eye, bone, skin,

 

cartilage, dura mater, ligaments, tendons, fascia, pituitary gland,

 

and middle ear structures and any other human organ specified by

 

rule promulgated by the department under subsection (6). Human

 

organ does not include whole blood, blood plasma, blood products,

 

blood derivatives, other self-replicating body fluids, or human

 

hair.

 

     (b) "Valuable consideration" does not include the reasonable

 

payments associated with the removal, transportation, implantation,

 

processing, preservation, quality control, and storage of a human

 

organ or the medical expenses and expenses of travel, housing, and

 

lost wages incurred by the donor of a human organ in connection

 

with the donation of the human organ.

 

     (6) The department may promulgate rules to specify human

 

organs in addition to the human organs listed in subsection (3)(c)

 

or (5)(a).

 

     Enacting section 1. Sections 2652 to 2663 of the public health

 

code, 1978 PA 368, MCL 333.2652 to 333.2663, are repealed.