HOUSE BILL No. 6708

 

November 19, 2008, Introduced by Reps. Emmons, Hansen, Hoogendyk, Calley, Shaffer, Green, Meekhof, Caswell, Casperson, Huizenga, Opsommer, Amos, Sheen, Gaffney, Palsrok and Nitz and referred to the Committee on Health Policy.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 10204 (MCL 333.10204), as amended by 1999 PA

 

60.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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 or distribution of bodies or parts by the director

 

department pursuant to sections 2651 2652 to 2663.

 

     (c) Financial assistance payments provided under a plan of

 

insurance or other health care coverage.

 

     (3) Only 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) For the purposes of surgically removing a human organ that

 

is an eye or a physical part of an eye only, an individual

 

certified by a state medical school as described in section 10105.

 

     (d) 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,

 

oocytes, 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)(d)(i) to (vi) or (5)(a).