Michigan Laws 333.10108 – Person other than donor barred from making, amending, or revoking anatomical gift; conditions; revocation of anatomical gift not considered as refusal; unrevoked or revocation of anatomical gift
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Terms Used In Michigan Laws 333.10108
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- 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
- Body part: means an organ, eye, or tissue of a human being. 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
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Minor: means an individual who is under 18 years of age. See Michigan Laws 333.10102
- Parent: means a parent whose parental rights have not been terminated. 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
- Reasonably available: means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift. See Michigan Laws 333.10102
- Refusal: means a record created under section 10107 that expressly refuses to make an anatomical gift of an individual's body or body part. See Michigan Laws 333.10102
(1) Except as otherwise provided in subsection (7) and subject to subsection (6), in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor’s body or body part if the donor made an anatomical gift of the donor’s body or body part under section 10105 or an amendment to an anatomical gift of the donor’s body or body part under section 10106.
(2) A donor’s revocation of an anatomical gift of the donor’s body or body part under section 10106 is not a refusal and does not bar another person specified in section 10104 or 10109 from making an anatomical gift of the donor’s body or body part under section 10105 or 10110.
(3) If a person other than the donor makes an unrevoked anatomical gift of the donor’s body or body part under section 10105 or an amendment to an anatomical gift of the donor’s body or body part under section 10106, another person may not make, amend, or revoke the gift of the donor’s body or body part under section 10110.
(4) A revocation of an anatomical gift of a donor’s body or body part under section 10106 by a person other than the donor does not bar another person from making an anatomical gift of the body or body part under section 10105 or 10110.
(5) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under section 10104, an anatomical gift of a body part is neither a refusal to give another body part nor a limitation on the making of an anatomical gift of another body part at a later time by the donor or other person.
(6) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under section 10104, an anatomical gift of a body part for 1 or more of the purposes set forth in section 10104 is not a limitation on the making of an anatomical gift of the body part for any of the other purposes by the donor or any other person under section 10105 or 10110.
(7) If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor’s body or body part.
(8) If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor’s refusal.