Michigan Laws 333.10105 – Donor making anatomical gift; methods; gift by donor card or other record; effect of revocation, suspension, expiration, or cancellation of driver license or identification card upon which anatom
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Terms Used In Michigan Laws 333.10105
- Anatomical gift: means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education. See Michigan Laws 333.10102
- Disinterested witness: means a witness who is not a spouse, child, parent, sibling, grandchild, grandparent, or guardian of or other adult who exhibited special care and concern for the individual who makes, amends, revokes, or refuses to make an anatomical gift. See Michigan Laws 333.10102
- Donor: The person who makes a gift.
- Donor: means an individual whose body or body part is the subject of an anatomical gift. See Michigan Laws 333.10102
- Donor registry: means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts as provided for in section 10120. See Michigan Laws 333.10102
- Driver license: means an operator's or chauffeur's license or permit issued to an individual by the secretary of state under chapter III of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 333.10102
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Identification card: means an official state personal identification card issued by the secretary of state under 1972 PA 222, MCL 28. See Michigan Laws 333.10102
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality or any other legal or commercial entity. See Michigan Laws 333.10102
- Physician: means an individual authorized to practice medicine or osteopathic medicine and surgery under the law of any state. See Michigan Laws 333.10102
- Recipient: means an individual into whose body a decedent's body part has been or is intended to be transplanted. See Michigan Laws 333.10102
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Michigan Laws 333.10102
- Sign: means that, with the present intent to authenticate or adopt a record, an individual does either of the following:
(i) Executes or adopts a tangible symbol. See Michigan Laws 333.10102State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Michigan Laws 333.10102
(1) A donor may make an anatomical gift by doing any of the following:
(a) By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor’s driver license or identification card.
(b) In a will.
(c) During a terminal illness or injury of the donor, by any form of communication addressed to at least 2 adults, at least 1 of whom is a disinterested witness. However, the physician who attends the donor during the terminal illness or injury shall not act as a recipient of the communication under this subdivision.
(d) As provided in subsection (2).
(e) By completing and filing a donor registry schedule created under section 474 of the income tax act of 1967, 1967 PA 281, MCL 206.474, with the state income tax annual return required under part 1 of the income tax act of 1967, 1967 PA 281, MCL 206.1 to 206.532.
(2) A donor or other person authorized to make an anatomical gift under section 10104 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and shall meet all of the following requirements:
(a) Be witnessed by at least 2 adults, at least 1 of whom is a disinterested witness, who have signed at the request of the donor or the other person.
(b) State that it has been signed and witnessed as provided in subdivision (a).
(3) Revocation, suspension, expiration, or cancellation of a driver license or identification card upon which an anatomical gift is indicated does not invalidate the gift.
(4) An anatomical gift made by will takes effect upon the donor’s death whether or not the will is probated. Invalidation of the will after the donor’s death does not invalidate the gift.