Summary of Michigan Law regarding organ donation

To see the text of the law, enter the MCL Section number in the Michigan Compiled Laws Search box at this Web site:

Heart insignia on driver's licenses and state ID cards

Changes in Public Acts 140, 141, 142 and 143 of 2005 - effective Jan. 1, 2007
From the Personal ID Card Act and the Michigan Vehicle Code

These laws require the Department of State to inform anyone applying for a driver's license or state identification card about the Michigan Organ Donor Registry. The department also must place a heart insignia on the driver's license or state identification card of anyone who enrolls on the registry to designate his or her wishes to be an organ donor.

28.292 - Official state personal identification card; contents; duties of secretary of state; methods; placement of name on organ and tissue donor registry; form; emergency medical information card; fingerprint or finger image; retention and use of person's image; access by law enforcement agency; list under sex offenders registration act; evidence of blindness; information contained; issuance; manufacture; fees; expiration; renewal; waiver of fee; correction for change of name or address; application for renewal; other information; emancipated minor; participation in organ, tissue, and eye donor registry; validity.

257.307 - Application for operator's or chauffeur's license; manner; contents; image and signature; equipment; use of image and information; access by law enforcement agency; signature and certification; fee; refund; organ donor registration; driving record from another jurisdiction; application for original, renewal, or upgrade of vehicle group designation or endorsement; issuing renewal license by mail or other methods; information manual; disclosure or display of social security number; electronic access to organ, tissue, and eye donor registry.

257.310 - Operator's or chauffeur's license; issuance; applicant for motorcycle endorsement or vehicle group designation; contents of license; digitized license; unlawful acts; penalties; temporary driver's permit; medical data or anatomical gift; designation of patient advocate or emancipated status; duplicates of license; emergency medical information card; participation in organ, tissue, and eye donor registry.

333.10104 - Gift by will or document other than will.

Uniform Anatomical Gift Law

From Michigan Public Health Code, Public Act 368 of 1978, as amended.

333.10101 - Definitions
333.10102 - Gift of all or physical part of individual's body; gift effective upon death; authorized persons; priority; circumstances; revocation; notice of opposition; time of making gift; examination; rights of donee.
333.10102a - Requesting consent to gift of all or any physical part of decedent's body; conditions prohibiting request for consent; organ donation log; transmitting summary of information in log to department; execution of gift; development and implementation of policy regarding requests; revocation; rules; withdrawal or withholding of medical care not authorized.
333.10103 - Authorized donees.
333.10104 - Gift by will or document other than will.
333.10105 - Excising eye or physical part thereof; operation and placement of gift in eye bank; persons qualified to perform operation.
333.10106 - Gift to specified donee; delivery and deposit of will, card, or other document, or executed copy thereof; examination of document.
333.10107 - Methods of amending or revoking gift.
333.10108 - Acceptance or rejection of gift by donee; embalming and use of body in funeral services; custody of remainder of body after removal of physical part; liability of holder of license for practice of mortuary science; determining time of death; restriction on attending or certifying physician; immunity of person acting in good faith; applicability of laws with respect to autopsies.

333.10201 - Definitions.
333.10202 - Removal of cornea; circumstances.

333.10203 - Removal of cornea; liability.
333.10204 - Prohibited conduct; felony; permissible practices; definitions; rules.
333.10205 - Surgical removal of human organ for transplant, implant, infusion, injection or other purpose.

Determination of Death Act

Michigan Public Health Code, Public Act 90 of 1992

333.1032 - Definitions.
333.1033 - Determination of death; conditions; accepted medical standards; persons authorized to pronounce death of person.

Patient Advocate

From Michigan Vehicle Code, Public Act 300 of 1949

257.310 (14) - An operator or chauffeur may indicate on the license in a place designated by the secretary of state that he or she has designated a patient advocate in accordance with sections 5506 to 5513 of the estates and protected individuals code, 1998 PA 386, MCL 700.5506 to 700.5513.

From Estates and Protected Individuals Code, Public Act 386 of 1998

700.1106 - Definitions; M to P.

(j) "Patient advocate" means an individual designated to exercise powers concerning another individual's care, custody, and medical or mental health treatment or authorized to make an anatomical gift on behalf of another individual, or both, as provided in section 5506.

(k) "Patient advocate designation" means the written document executed and with the effect as described in sections 5506 to 5515.

700.5505 - Proof of continuance of durable and other powers of attorney by affidavit.

700.5506 - Designation of patient advocate; "community mental health services program or hospital" defined.

700.5507 - Patient advocate designation; statement; acceptance.

700.5508 - Determination of advocate's authority to act.

700.5509 - Authority and responsibilities of patient advocate; suspension.

700.5510 - Revocation of patient advocate designation.

700.5511 - Binding effect; liability of provider; exception; dispute.

700.5512 - Restrictions.

Primary consent

From Michigan Public Health Code, Public Act 368 of 1978

333.10102a(8) - If an individual has made a gift under section 10102(1), the gift is not revocable after the death of that individual and the individual designated under subsection (7) is not required to make a request for consent under this section unless the decedent had revoked the gift under section 10107.

333.10104(7) - A gift of all or a physical part of a donor's body made by will as authorized by subsection (1) or by a document of gift other than a will as authorized by subsection (2) is not revocable after the death of the donor regardless of the expressed desires of the deceased donor's next of kin who may oppose the donor's organ, tissue, or eye donation.

Organ Donation Education Fund

From Michigan Vehicle Code, Public Act 300 of 1949

257.307(4) (d) - Provide the applicant with the opportunity to make a donation of $1.00 or more to the organ and tissue donation education fund created under section 217o. A donation made under this subdivision shall be deposited in the state treasury to the credit of the organ and tissue donation education fund.

257.217o - Organ and tissue education fund; creation; deposit; money remaining in fund; disbursement of money to chronic disease division; administrative expenses; "fund" defined.

Medical examiner's responsibility in organ and tissue donation

From County Medical Examiners Code, Public Act 181 of 1953

52.209 - Body determined suitable for donation; agreement; release of information; conduct of examination within certain time period.


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