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).