HOUSE BILL No. 4025


     January 26, 1999, Introduced by Reps. Richner and Law and referred to the Committee on Criminal Law and Corrections.


        A bill to amend 1978 PA 368, entitled

   "Public health code,"

   by amending section 10204 (MCL 333.10204), as amended by 1988 PA

   63.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

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

 3    transfer a human organ or part of a human organ for valuable con-

 4    sideration for any purpose, including but not limited to trans-

 5    plantation, implantation, infusion, injection, or other medical

 6    or scientific purpose.  A person who violates this subsection is

 7    guilty of a felony.

 8         (2)  This section  SUBSECTION (1) does not prohibit  any  1

 9    OR MORE of the following practices:




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

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

 3    pursuant to section 2855.

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

 5    tion or distribution of bodies or parts by the  anatomy board 

 6    DIRECTOR pursuant to sections 2651 to 2663.

 7         (c) Financial assistance payments provided under a plan of

 8    insurance or other health care coverage.

 9         (3) ONLY AN INDIVIDUAL WHO IS 1 OF THE FOLLOWING MAY SURGI-

10    CALLY REMOVE A HUMAN ORGAN FOR TRANSPLANTATION, IMPLANTATION,

11    INFUSION, INJECTION, OR ANY OTHER MEDICAL OR SCIENTIFIC PURPOSE:

12         (A) A PHYSICIAN LICENSED UNDER ARTICLE 15.

13         (B) AN INDIVIDUAL ACTING UNDER THE DELEGATORY AUTHORITY AND

14    SUPERVISION OF A PHYSICIAN PURSUANT TO SECTION 16215(2), BUT NOT

15    INCLUDING AN INDIVIDUAL WHOSE LICENSE HAS BEEN SUSPENDED UNDER

16    ARTICLE 15.

17         (C) FOR THE PURPOSES OF SURGICALLY REMOVING A HUMAN ORGAN

18    THAT IS AN EYE OR A PHYSICAL PART OF AN EYE ONLY, AN INDIVIDUAL

19    CERTIFIED BY A STATE MEDICAL SCHOOL AS DESCRIBED IN

20    SECTION 10105.

21         (4) AN INDIVIDUAL WHO VIOLATES SUBSECTION (3) IS GUILTY OF A

22    FELONY.

23         (5)  (3)  As used in this section:

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

25    lung, pancreas, bone marrow, cornea, eye, bone, skin, cartilage,

26    dura mater, ligaments, tendons, fascia, pituitary gland, and

27    middle ear structures and any other human organ specified by rule



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 1    promulgated by the department.  Human organ does not include

 2    whole blood, blood plasma, blood products, blood derivatives,

 3    other self-replicating body fluids, or human hair.

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

 5    payments associated with the removal, transportation, implanta-

 6    tion, processing, preservation, quality control, and storage of a

 7    human organ or the medical expenses and expenses of travel, hous-

 8    ing, and lost wages incurred by the donor of a human organ in

 9    connection with the donation of the human organ.

10         (6)  (4)  The department may promulgate rules to specify

11    human organs in addition to the human organs listed in subsection

12     (3)(a)  (5)(A).
































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