ANATOMICAL GIFT: CONSENT - H.B. 4479 (H-2): FLOOR ANALYSIS

House Bill 4479 (Substitute H-2 as reported without amendment)

Sponsor: Representative John Gleason

House Committee: Health Policy

Senate Committee: Health Policy

CONTENT

The bill would amend the Public Health Code to specify that, if an individual had made an anatomical gift of all or part of his or her body, the gift would not be revocable upon the donor’s death and a hospital representative would not be required to make a request for consent to the gift.

Currently, when a patient is at or near death and his or her body is suitable for donation, a designated hospital representative must make a request for consent to the gift of all or any physical part of the decedent’s body, except under certain circumstances. The request must be made to someone authorized by the Code to make an anatomical gift on behalf of another. Under the bill, if the deceased had made a gift of his or her body or body parts, the gift would not be revocable and a designated hospital representative would not have to make a request for consent, unless the decedent had revoked the gift through oral statement, indication in the will, or other means.

Under the Code, a hospital representative must complete the hospital’s organization log sheet after making a request for an anatomical gift The bill also would require a hospital representative to complete the log sheet after the death of a patient or decedent who made an anatomical gift.

MCL 333.10102a - Legislative Analyst: Suzanne Lowe

FISCAL IMPACT

The bill would have no fiscal impact on State or local government.

Date Completed: 6-24-03 - Fiscal Analyst: Dana Patterson

floor\hb4479 - Analysis available @ http://www.michiganlegislature.org

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.