reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 9 - Supportive Personal Health Services (333.9101...333.9709) › 368-1978-9-96 - Part 96 State Laboratories (333.9601...333.9623) › Section 333.9621 - Microbiological Examination and Analysis; Container for Sample; Statement; No Charge.

333.9621 Microbiological examination and analysis; container for sample; statement; no charge.
Sec. 9621.
A local health department, a state institution, or a physician may require a microbiological examination and analysis of blood, sputum, urine, water, milk, or other substance from a locality where there is an outbreak of a communicable disease or epidemic requiring the examination or analysis to protect the public health or for locating sources of infection. These agencies may also require examination and analysis of public water supplies and water used by the public to assure quality and safety. These agencies shall forward or deliver to the department a sample of the substance to be examined and analyzed in an appropriate container, accompanied by a statement indicating the examination and analyses requested. The examination and analyses for these purposes shall be without charge.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 9 - Supportive Personal Health Services (333.9101...333.9709) › 368-1978-9-96 - Part 96 State Laboratories (333.9601...333.9623) › Section 333.9623 - Laboratory Testing Fund; Creation; Use; Unexpended Funds.

333.9623 Laboratory testing fund; creation; use; unexpended funds.
Sec. 9623.
(1) The laboratory testing fund is created in the state treasury. The department shall expend the fund only as provided in this section.
(2) The state treasurer shall credit to the laboratory testing fund all fees received by the department under this part.
(3) The department shall use the laboratory testing fund only to develop and provide laboratory services under this part including, but not limited to, purchasing equipment, developing procedures, and making other improvements to the laboratory testing program determined necessary by the department.
(4) Unexpended funds remaining in the laboratory testing fund at the end of the fiscal year shall remain in the laboratory testing fund and shall not revert to the general fund.
History:
Add. 1992, Act 79, Imd. Eff. June 2, 1992
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 9 - Supportive Personal Health Services (333.9101...333.9709) › 368-1978-9-97. - Part 97. Michigan Pharmaceutical Best Practices Initiative (333.9701...333.9709) › Section 333.9701 - Definitions.

333.9701 Definitions.
Sec. 9701.
As used in this part:
(a) "Committee" means the Michigan pharmacy and therapeutics committee established by Executive Order No. 2001-8 and by section 9705.
(b) "Controlled substance" means that term as defined in section 7104.
(c) "Drug" means that term as defined in section 17703.
(d) "Initiative" means the pharmaceutical best practices initiative established by this part.
(e) "Medicaid" means the program of medical assistance established under title XIX of the social security act, 42 USC 1396 to 1396w-5.
(f) "Pharmacist" means that term as defined in section 17707.
(g) "Physician" means that term as defined in sections 17001 and 17501.
(h) "Prescriber" means that term as defined in section 17708.
(i) "Prescription" means that term as defined in section 17708.
(j) "Prescription drug" means that term as defined in section 17708.
(k) "Type II transfer" means that term as defined in section 3 of the executive organization act of 1965, 1965 PA 380, MCL 16.103.
History:
Add. 2004, Act 250, Imd. Eff. July 23, 2004 ;-- Am. 2016, Act 379, Eff. Mar. 22, 2017
Compiler's Notes:
For creation of department of health and human services and abolishment of department of community health, see E.R.O. No. 2015-1, compiled at MCL 400.227.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 9 - Supportive Personal Health Services (333.9101...333.9709) › 368-1978-9-97. - Part 97. Michigan Pharmaceutical Best Practices Initiative (333.9701...333.9709) › Section 333.9707 - Functions.

333.9707 Functions.
Sec. 9707.
The committee shall be advisory in nature and shall assist the department with the following functions pursuant to applicable state and federal law:
(a) Advise and make recommendations to the department for the inclusion of prescription drugs on the preferred drug list based on available information regarding the known potential impact on patient care, the known potential fiscal impact on related medicaid covered services, and sound clinical evidence found in labeling, drug compendia, and peer-reviewed literature pertaining to use of the drug in the relevant population.
(b) Advise the department on issues affecting prescription drug coverage for the department's various health care programs.
(c) Recommend to the department guidelines for prescription drug coverage under the department's various health care programs.
(d) Develop a process to collect and review information about new prescription drugs. The department shall post this process and the necessary forms on the department's website.
(e) Recommend to the department strategies to improve the initiative.
History:
Add. 2004, Act 250, Imd. Eff. July 23, 2004
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 10 - Anatomical Gifts and Disposition of Human Body Parts (333.10101...333.11101) › 368-1978-10-101 - Part 101 Revised Uniform Anatomical Gift Law (333.10101...333.10123) › Section 333.10101 - Short Title of Part.

333.10101 Short title of part.
Sec. 10101.
This part shall be known and may be cited as the "revised uniform anatomical gift law".
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2008, Act 39, Eff. May 1, 2008
Popular Name:
Act 368
Popular Name:
Uniform Anatomical Gift Act
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 10 - Anatomical Gifts and Disposition of Human Body Parts (333.10101...333.11101) › 368-1978-10-101 - Part 101 Revised Uniform Anatomical Gift Law (333.10101...333.10123) › Section 333.10102a - Repealed. 2008, Act 39, Eff. May 1, 2008.

333.10102a Repealed. 2008, Act 39, Eff. May 1, 2008.
Compiler's Notes:
The repealed section pertained to consenting to gift of all or part of decedent's body.
Popular Name:
Act 368
Popular Name:
Uniform Anatomical Gift Act
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 10 - Anatomical Gifts and Disposition of Human Body Parts (333.10101...333.11101) › 368-1978-10-101 - Part 101 Revised Uniform Anatomical Gift Law (333.10101...333.10123) › Section 333.10103 - Applicability of Part to Anatomical Gift.

333.10103 Applicability of part to anatomical gift.
Sec. 10103.
This part applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2008, Act 39, Eff. May 1, 2008
Popular Name:
Act 368
Popular Name:
Uniform Anatomical Gift Act
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 10 - Anatomical Gifts and Disposition of Human Body Parts (333.10101...333.11101) › 368-1978-10-101 - Part 101 Revised Uniform Anatomical Gift Law (333.10101...333.10123) › Section 333.10104 - Anatomical Gift of Donor's Body or Body Part; Purpose; Persons Making Gift.

333.10104 Anatomical gift of donor's body or body part; purpose; persons making gift.
Sec. 10104.
Subject to section 10108, an anatomical gift of a donor's body or body part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in section 10105 by any of the following:
(a) The donor, if the donor is an adult or if the donor is a minor and meets 1 or more of the following requirements:
(i) Is emancipated.
(ii) Has been issued a driver license or identification card because the donor is at least 16 years of age.
(b) An agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift.
(c) A parent of the donor, if the donor is an unemancipated minor.
(d) The donor's guardian.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2003, Act 62, Imd. Eff. July 22, 2003 ;-- Am. 2005, Act 140, Imd. Eff. Sept. 29, 2005 ;-- Am. 2008, Act 39, Eff. May 1, 2008
Popular Name:
Act 368
Popular Name:
Uniform Anatomical Gift Act
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 10 - Anatomical Gifts and Disposition of Human Body Parts (333.10101...333.11101) › 368-1978-10-101 - Part 101 Revised Uniform Anatomical Gift Law (333.10101...333.10123) › Section 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 Anatomical Gift Is Indicated; Anatomical Gift Made by Will; Effect of Probate or Invalidation.

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 anatomical gift is indicated; anatomical gift made by will; effect of probate or invalidation.
Sec. 10105.
(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.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2008, Act 39, Eff. May 1, 2008 ;-- Am. 2023, Act 101, Imd. Eff. July 19, 2023
Popular Name:
Act 368
Popular Name:
Uniform Anatomical Gift Act
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 10 - Anatomical Gifts and Disposition of Human Body Parts (333.10101...333.11101) › 368-1978-10-101 - Part 101 Revised Uniform Anatomical Gift Law (333.10101...333.10123) › Section 333.10106 - Amendment or Revocation of Anatomical Gift; Means.

333.10106 Amendment or revocation of anatomical gift; means.
Sec. 10106.
(1) Subject to section 10108, a donor or other person authorized to make an anatomical gift under section 10104 may amend or revoke an anatomical gift by any of the following means:
(a) A record signed by any of the following:
(i) The donor.
(ii) The other person authorized to make an anatomical gift under section 10104.
(iii) Subject to subsection (2), another individual acting at the direction of the donor or the other person authorized to make an anatomical gift under section 10104 if the donor or other person is physically unable to sign.
(b) A later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.
(2) A record signed pursuant to subsection (1)(a)(iii) 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) Subject to section 10108, a donor or other person authorized to make an anatomical gift under section 10104 may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.
(4) A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least 2 adults, at least 1 of whom is a disinterested witness.
(5) A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection (1).
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2008, Act 39, Eff. May 1, 2008
Popular Name:
Act 368
Popular Name:
Uniform Anatomical Gift Act
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 10 - Anatomical Gifts and Disposition of Human Body Parts (333.10101...333.11101) › 368-1978-10-101 - Part 101 Revised Uniform Anatomical Gift Law (333.10101...333.10123) › Section 333.10107 - Refusal to Make Anatomical Gift; Means.

333.10107 Refusal to make anatomical gift; means.
Sec. 10107.
(1) An individual may refuse to make an anatomical gift of his or her body or body part by any of the following means:
(a) A record signed by either of the following:
(i) The individual.
(ii) Subject to subsection (2), another individual acting at the direction of the individual if the individual is physically unable to sign.
(b) The individual's will, whether or not the will is admitted to probate or invalidated after his or her death.
(c) Any form of communication made by the individual during his or her terminal illness or injury addressed to at least 2 adults, at least 1 of whom is a disinterested witness.
(2) A record signed pursuant to subsection (1)(a)(ii) 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 individual.
(b) State that it has been signed and witnessed as provided in subdivision (a).
(3) An individual who has made a refusal may amend or revoke the refusal by any of the following means:
(a) In the manner provided in subsection (1) for making a refusal.
(b) By subsequently making an anatomical gift pursuant to section 10105 that is inconsistent with the refusal.
(c) By destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.
(4) Except as otherwise provided in section 10108(8), in the absence of an express, contrary indication by the individual set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of his or her body or body part bars all other persons from making an anatomical gift of the individual's body or body part.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2008, Act 39, Eff. May 1, 2008
Popular Name:
Act 368
Popular Name:
Uniform Anatomical Gift Act
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 10 - Anatomical Gifts and Disposition of Human Body Parts (333.10101...333.11101) › 368-1978-10-101 - Part 101 Revised Uniform Anatomical Gift Law (333.10101...333.10123) › Section 333.10109 - Classes of Persons Making Anatomical Gift; Priority; More Than 1 Member of Class Making Anatomical Gift; Availability of Person in Prior Class.

333.10109 Classes of persons making anatomical gift; priority; more than 1 member of class making anatomical gift; availability of person in prior class.
Sec. 10109.
(1) Subject to subsections (2) and (3) and unless barred by section 10107 or 10108, an anatomical gift of a decedent's body or body part for purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed as follows:
(a) An agent of the decedent at the time of death who could have made an anatomical gift under section 10104(b) immediately before the decedent's death.
(b) The spouse of the decedent.
(c) Adult children of the decedent.
(d) Parents of the decedent.
(e) Adult siblings of the decedent.
(f) Adult grandchildren of the decedent.
(g) Grandparents of the decedent.
(h) An adult who exhibited special care and concern for the decedent.
(i) The persons who were acting as the guardians of the person of the decedent at the time of death.
(j) The persons assigned by the state of Michigan to authorize medical care for the decedent at the time of death, including public ward custodians, correctional or mental health facility personnel, or foster parents.
(k) Any other person that has the authority to dispose of the decedent's body, including unidentified bodies, under section 3206 of the estates and protected individuals code, 1998 PA 386, MCL 700.3206.
(2) If there is more than 1 member of a class listed in subsection (1)(a), (c), (d), (e), (f), (g), or (i) entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under section 10111 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.
(3) A person shall not make an anatomical gift if, at the time of the decedent's death, a person in a prior class under subsection (1) is reasonably available to make or to object to the making of an anatomical gift.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2008, Act 39, Eff. May 1, 2008
Popular Name:
Act 368
Popular Name:
Uniform Anatomical Gift Act
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 10 - Anatomical Gifts and Disposition of Human Body Parts (333.10101...333.11101) › 368-1978-10-101 - Part 101 Revised Uniform Anatomical Gift Law (333.10101...333.10123) › Section 333.10110 - Document of Gift; Amendment or Revocation of Gift Made Under MCL 333.10109; Revocation Effective Before Incision Made or Invasive Procedures Begun.

333.10110 Document of gift; amendment or revocation of gift made under MCL 333.10109; revocation effective before incision made or invasive procedures begun.
Sec. 10110.
(1) A person authorized to make an anatomical gift under section 10109 may make an anatomical gift by a document of gift signed by the person making the gift or by that person's oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.
(2) Subject to subsection (3), an anatomical gift by a person authorized under section 10109 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than 1 member of the prior class is reasonably available, the gift made by a person authorized under section 10109 may be amended or revoked as follows:
(a) Amended only if a majority of the reasonably available members agree to the amending of the gift.
(b) Revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.
(3) A revocation under subsection (2) is effective only if, before an incision has been made to remove a part from the donor's body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation.
History:
Add. 2008, Act 39, Eff. May 1, 2008
Popular Name:
Act 368
Popular Name:
Uniform Anatomical Gift Act
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 10 - Anatomical Gifts and Disposition of Human Body Parts (333.10101...333.11101) › 368-1978-10-101 - Part 101 Revised Uniform Anatomical Gift Law (333.10101...333.10123) › Section 333.10112 - Search for Document of Gift or Other Information; Persons Required to Make Search; Document to Be Sent to Hospital for Documentation; Failure to Discharge Duties; Administrative Sanctions.

333.10112 Search for document of gift or other information; persons required to make search; document to be sent to hospital for documentation; failure to discharge duties; administrative sanctions.
Sec. 10112.
(1) As soon as practical after any necessary medical intervention or treatment, each of the following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal:
(a) A law enforcement officer, firefighter, paramedic, other emergency rescuer finding the individual, or medical examiner or his or her designee.
(b) If no other source of the information is immediately available, a hospital, as soon as practical after the individual's arrival at the hospital.
(2) If a document of gift or a refusal to make an anatomical gift is located by the search required by subsection (1)(a) and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall immediately send the document of gift or refusal to the hospital for documentation.
(3) A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this section but may be subject to administrative sanctions.
History:
Add. 2008, Act 39, Eff. May 1, 2008
Popular Name:
Act 368
Popular Name:
Uniform Anatomical Gift Act
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 10 - Anatomical Gifts and Disposition of Human Body Parts (333.10101...333.11101) › 368-1978-10-101 - Part 101 Revised Uniform Anatomical Gift Law (333.10101...333.10123) › Section 333.10113 - Document of Gift; Delivery; Examination and Copying.

333.10113 Document of gift; delivery; examination and copying.
Sec. 10113.
(1) A document of gift need not be delivered during the donor's lifetime to be effective.
(2) Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the decedent shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the decedent or by a person to which the gift could pass under section 10111.
History:
Add. 2008, Act 39, Eff. May 1, 2008
Popular Name:
Act 368
Popular Name:
Uniform Anatomical Gift Act
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 10 - Anatomical Gifts and Disposition of Human Body Parts (333.10101...333.11101) › 368-1978-10-101 - Part 101 Revised Uniform Anatomical Gift Law (333.10101...333.10123) › Section 333.10115 - Hospital Agreements or Affiliations With Procurement Organizations.

333.10115 Hospital agreements or affiliations with procurement organizations.
Sec. 10115.
Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.
History:
Add. 2008, Act 39, Eff. May 1, 2008
Popular Name:
Act 368
Popular Name:
Uniform Anatomical Gift Act
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 10 - Anatomical Gifts and Disposition of Human Body Parts (333.10101...333.11101) › 368-1978-10-101 - Part 101 Revised Uniform Anatomical Gift Law (333.10101...333.10123) › Section 333.10116 - Purchase or Sale of Body Part for Transplantation or Therapy; Violation as Felony; Penalty; Exception.

333.10116 Purchase or sale of body part for transplantation or therapy; violation as felony; penalty; exception.
Sec. 10116.
(1) Except as otherwise provided in subsection (2), a person that for valuable consideration knowingly purchases or sells a body part for transplantation or therapy if removal of the body part from an individual is intended to occur after the individual's death is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $50,000.00, or both.
(2) A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a body part.
History:
Add. 2008, Act 39, Eff. May 1, 2008
Popular Name:
Act 368
Popular Name:
Uniform Anatomical Gift Act
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 10 - Anatomical Gifts and Disposition of Human Body Parts (333.10101...333.11101) › 368-1978-10-101 - Part 101 Revised Uniform Anatomical Gift Law (333.10101...333.10123) › Section 333.10117 - Intentionally Falsifying, Forging, Concealing, Defacing, or Obliterating Document of Gift; Violation as Felony; Penalty.

333.10117 Intentionally falsifying, forging, concealing, defacing, or obliterating document of gift; violation as felony; penalty.
Sec. 10117.
A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $50,000.00, or both.
History:
Add. 2008, Act 39, Eff. May 1, 2008
Popular Name:
Act 368
Popular Name:
Uniform Anatomical Gift Act
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 10 - Anatomical Gifts and Disposition of Human Body Parts (333.10101...333.11101) › 368-1978-10-101 - Part 101 Revised Uniform Anatomical Gift Law (333.10101...333.10123) › Section 333.10118 - Good Faith Acts.

333.10118 Good faith acts.
Sec. 10118.
(1) A person that acts in good faith in accord with the terms of this part or with the anatomical gift laws of another state or a foreign country is not liable for damages in any civil or administrative action or subject to prosecution in any criminal proceeding.
(2) Neither the person making an anatomical gift nor the donor's estate is liable for any injury or damage that results from the making or use of the gift.
(3) In determining whether an anatomical gift has been made, amended, or revoked under this part, a person may rely upon representations of an individual listed in section 10109(1)(b), (c), (d), (e), (f), (g), or (h) relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is untrue.
History:
Add. 2008, Act 39, Eff. May 1, 2008
Popular Name:
Act 368
Popular Name:
Uniform Anatomical Gift Act
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 10 - Anatomical Gifts and Disposition of Human Body Parts (333.10101...333.11101) › 368-1978-10-101 - Part 101 Revised Uniform Anatomical Gift Law (333.10101...333.10123) › Section 333.10119 - Validity of Document of Gift; Execution; Presumption.

333.10119 Validity of document of gift; execution; presumption.
Sec. 10119.
(1) A document of gift is valid if executed pursuant to any of the following:
(a) This part.
(b) The laws of the state or country where it was executed.
(c) The laws of the state or country where the person making the anatomical gift was domiciled, had a place of residence, or was a national at the time the document of gift was executed.
(2) If a document of gift is valid under this section, the law of this state governs the interpretation of the document of gift.
(3) A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.
History:
Add. 2008, Act 39, Eff. May 1, 2008
Popular Name:
Act 368
Popular Name:
Uniform Anatomical Gift Act
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 10 - Anatomical Gifts and Disposition of Human Body Parts (333.10101...333.11101) › 368-1978-10-101 - Part 101 Revised Uniform Anatomical Gift Law (333.10101...333.10123) › Section 333.10122 - Uniformity of Law Among States.

333.10122 Uniformity of law among states.
Sec. 10122.
In applying and construing this part, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History:
Add. 2008, Act 39, Eff. May 1, 2008
Popular Name:
Act 368
Popular Name:
Uniform Anatomical Gift Act
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 10 - Anatomical Gifts and Disposition of Human Body Parts (333.10101...333.11101) › 368-1978-10-101 - Part 101 Revised Uniform Anatomical Gift Law (333.10101...333.10123) › Section 333.10123 - Electronic Signatures or Electronic Delivery of Notices.

333.10123 Electronic signatures or electronic delivery of notices.
Sec. 10123.
This part modifies, limits, and supersedes the electronic signatures in global and national commerce act, 15 USC 7001 to 7031, but does not modify, limit, or supersede 15 USC 7001(a), or authorize electronic delivery of any of the notices described in 15 USC 7003(b).
History:
Add. 2008, Act 39, Eff. May 1, 2008
Popular Name:
Act 368
Popular Name:
Uniform Anatomical Gift Act
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 10 - Anatomical Gifts and Disposition of Human Body Parts (333.10101...333.11101) › 368-1978-10-102 - Part 102 Disposition of Human Body Parts (333.10201...333.11101) › Section 333.10201 - Definitions.

333.10201 Definitions.
Sec. 10201.
As used in this part:
(a) "Bank or storage facility" means a facility licensed, accredited, or approved under the laws of any state for storage of human bodies or physical parts of human bodies.
(b) "Next of kin" means the spouse of a deceased individual or a person related to a deceased individual within the third degree of consanguinity as determined by the civil law method.
History:
Add. 1979, Act 32, Imd. Eff. June 19, 1979
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 10 - Anatomical Gifts and Disposition of Human Body Parts (333.10101...333.11101) › 368-1978-10-102 - Part 102 Disposition of Human Body Parts (333.10201...333.11101) › Section 333.10202 - Removal of Cornea; Circumstances.

333.10202 Removal of cornea; circumstances.
Sec. 10202.
(1) In any case in which an autopsy is to be done by a county medical examiner or a county medical examiner causes an autopsy to be done, the cornea of the deceased person may be removed by a person authorized by the county medical examiner.
(2) Removal under subsection (1) may be made only under the following circumstances:
(a) An autopsy has already been authorized by the county medical examiner.
(b) The county medical examiner does not have knowledge of an objection by the next of kin of the decedent to the removal of the cornea.
(c) The removal of the cornea will not interfere with the course of any subsequent investigation or autopsy or alter post-mortem facial appearance.
History:
Add. 1979, Act 32, Imd. Eff. June 19, 1979 ;-- Am. 1982, Act 158, Imd. Eff. May 20, 1982
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 10 - Anatomical Gifts and Disposition of Human Body Parts (333.10101...333.11101) › 368-1978-10-102 - Part 102 Disposition of Human Body Parts (333.10201...333.11101) › Section 333.10203 - Removal of Cornea; Liability.

333.10203 Removal of cornea; liability.
Sec. 10203.
The county medical examiner, the assistant county medical examiner, a bank or storage facility, or any person authorized by the county medical examiner to remove the cornea of a deceased person, shall not be liable in a civil action if it is subsequently alleged that authorization for the removal was required of the next of kin.
History:
Add. 1979, Act 32, Imd. Eff. June 19, 1979
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 10 - Anatomical Gifts and Disposition of Human Body Parts (333.10101...333.11101) › 368-1978-10-102 - Part 102 Disposition of Human Body Parts (333.10201...333.11101) › Section 333.10205 - Surgical Removal of Human Organ for Transplant, Implant, Infusion, Injection or Other Purpose; Facilities; Exceptions; Rules; Violation as Felony.

333.10205 Surgical removal of human organ for transplant, implant, infusion, injection or other purpose; facilities; exceptions; rules; violation as felony.
Sec. 10205.
(1) Except as otherwise provided in subsections (2) and (3), an individual who surgically removes a human organ for transplantation, implantation, infusion, injection, or any other medical or scientific purpose shall perform the surgery only in 1 of the following facilities:
(a) A hospital licensed under article 17.
(b) A facility approved by the director of the department of licensing and regulatory affairs under subsection (4).
(c) A facility operated by a federally designated organ procurement organization for the state of Michigan.
(2) An individual who surgically removes a human organ consisting of tissue, a cornea, or a whole eye for transplantation, implantation, infusion, injection, or any other medical or scientific purpose shall perform the removal surgery only in 1 of the following facilities or in a hospital or other facility described in subsection (1):
(a) A mortuary that is part of a funeral establishment owned or operated by the holder of a license for the practice of mortuary science issued under article 18 of the occupational code, 1980 PA 299, MCL 339.1801 to 339.1812.
(b) A morgue or a facility operated by a county medical examiner appointed under 1953 PA 181, MCL 52.201 to 52.216.
(3) Subsections (1) and (2) do not apply to a licensed allopathic physician or osteopathic physician who performs a biopsy or the routine removal of human tissue from a patient in the physician's private practice office or other health facility licensed under article 17 for the diagnosis or treatment of that patient and not for purposes of transplantation, implantation, infusion, or injection.
(4) The director of the department of licensing and regulatory affairs may promulgate rules to designate 1 or more approved facilities for purposes of subsection (1)(b).
(5) An individual who violates subsection (1) or (2) is guilty of a felony.
History:
Add. 1999, Act 62, Eff. Sept. 1, 1999 ;-- Am. 2016, Act 71, Imd. Eff. Apr. 5, 2016
Compiler's Notes:
Former MCL 333.10205, which pertained to expiration of part, was repealed by Act 158 of 1982, Imd. Eff. May 20, 1982.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 10 - Anatomical Gifts and Disposition of Human Body Parts (333.10101...333.11101) › 368-1978-10-102 - Part 102 Disposition of Human Body Parts (333.10201...333.11101) › Section 333.10251 - Organ Transplant Services; Discrimination Against Individuals With Disability; Prohibition; Action for Injunctive Relief; Definitions.

333.10251 Organ transplant services; discrimination against individuals with disability; prohibition; action for injunctive relief; definitions.
Sec. 10251.
(1) In providing health care and other services related to an organ transplant, a health care provider in this state shall not discriminate against an individual who has a disability based solely on the individual's disability. Discriminating against an individual who has a disability based solely on the individual's disability includes, but is not limited to, any of the following:
(a) Refusing to transplant an organ in the individual based solely on the individual's disability.
(b) Subject to subsection (2), refusing to transplant an organ in the individual based on an assessment that the individual will be unable, without support, to comply with postransplantation medical requirements because of the individual's disability.
(c) Refusing to place the individual on an organ transplant waiting list or lowering the individual's priority on that waiting list to receive an organ transplant, based solely on the individual's disability.
(d) Refusing to provide or diminish the quality of counseling or postoperative treatment for the individual based solely on the individual's disability.
(2) A health care provider in this state shall consider the support of an individual described under subsection (1) in determining the individual's ability to comply with postransplantation medical requirements.
(3) An individual with a disability who reasonably believes that a health care provider has violated this section may bring an action for injunctive relief in the appropriate court. The action for injunctive relief must be heard in an expedited manner.
(4) This section does not limit an individual's rights or remedies otherwise provided by law.
(5) As used in this section:
(a) "Disability" means that term as defined in 42 USC 12102.
(b) "Health care provider" means both of the following:
(i) An individual licensed, registered, or otherwise authorized to engage in a health profession under article 15.
(ii) A health facility or agency licensed under article 17.
(c) "Organ" means that term as defined in section 10102.
History:
Add. 2022, Act 253, Imd. Eff. Dec. 22, 2022
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 10 - Anatomical Gifts and Disposition of Human Body Parts (333.10101...333.11101) › 368-1978-10-102 - Part 102 Disposition of Human Body Parts (333.10201...333.11101) › Section 333.11101 - Prohibited Donation or Sale of Blood or Blood Products; Notice of Violation.

333.11101 Prohibited donation or sale of blood or blood products; notice of violation.
Sec. 11101.
An individual shall not donate or sell his or her blood or blood products to a blood bank or storage facility or to an agency or organization that collects blood or blood products for a blood bank or storage facility knowing that he or she has tested positive for the presence of HIV or an antibody to HIV. A blood bank or other health facility to which blood or blood products is donated in violation of this section immediately shall notify the local health department of the violation. The local health facility will immediately proceed under part 52.
History:
Add. 1988, Act 487, Eff. July 1, 1989
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-121 - Part 121 General Provisions (333.12101...333.12195) › Section 333.12101 - “Environmental Health” Defined; General Definitions and Principles of Construction.

333.12101 “Environmental health” defined; general definitions and principles of construction.
Sec. 12101.
(1) As used in this article, "environmental health" means the area of activity which deals with the protection of human health through the management, control, and prevention of environmental factors which may adversely affect the health of individuals. This activity is concerned with the existence of substances, conditions, or facilities in quantities, of characteristics, and under conditions, circumstances, or duration which are or can be injurious to human health.
(2) In addition, article 1 contains general definitions and principles of construction applicable to all articles in this code.
History:
1978, Act 368, Eff. Sept. 30, 1978
Compiler's Notes:
For transfer of powers and duties of the division of environmental health, with the exception of the food service sanitation program and the shelter environment program, from the director of the department of public health to the director of the department of environmental quality, see E.R.O. No. 1996-1, compiled at MCL 330.3101 of the Michigan Compiled Laws.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-121 - Part 121 General Provisions (333.12101...333.12195) › Section 333.12104 - Statutes Which Impact on Environmental Health; Review; Recommendations; State Programs Related to Lead-Based Paint Poisoning and Rodent Control.

333.12104 Statutes which impact on environmental health; review; recommendations; state programs related to lead-based paint poisoning and rodent control.
Sec. 12104.
(1) The department shall continually review all statutes which impact on environmental health and may recommend the updating or incorporation of those statutes into this code. Recommendations for inclusion of environmental health statutes in this code shall take cognizance of the alternative preventive health and engineering approaches to environmental health issues and fully consider the roles of local health departments and local governing and planning entities in the implementation of authorized programs and assure their participation in the consideration of their roles.
(2) Not later than 12 months after the effective date of this section, the director shall make recommendations to the governor and legislature for state programs related to lead-based paint poisoning and rodent control.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-121 - Part 121 General Provisions (333.12101...333.12195) › Section 333.12105 - Organizational Structure; Creation; Purpose.

333.12105 Organizational structure; creation; purpose.
Sec. 12105.
The director shall create an organizational structure within the department to carry on the functions required by this part.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-121 - Part 121 General Provisions (333.12101...333.12195) › Section 333.12106 - Delegation of License Inspection Function to Local Health Department; Denial or Granting of License; Explanatory Statement.

333.12106 Delegation of license inspection function to local health department; denial or granting of license; explanatory statement.
Sec. 12106.
If the state department of public health delegates a license inspection function under this article to a local health department and the local health department recommends denial of the license, based on a local inspection, the license shall be denied unless the state department of public health upon prompt inspection determines that the license shall be granted. The state department of public health shall issue an explanatory statement when granting a license not recommended by a local health department.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-121 - Part 121 General Provisions (333.12101...333.12195) › Section 333.12195 - Alternative Waste Disposal Systems.

333.12195 Alternative waste disposal systems.
Sec. 12195.
This article shall not limit the exploration of alternative waste disposal systems in a manner consistent with state and federal law.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-122 - Part 122 Housing (333.12201...333.12222) › Section 333.12201-333.12222 - Repealed. 1980, Act 431, Eff. Mar. 31, 1981.

333.12201-333.12222 Repealed. 1980, Act 431, Eff. Mar. 31, 1981.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-124 - Part 124 Agricultural Labor Camps (333.12401...333.12434) › Section 333.12401 - Definitions and Principles of Construction.

333.12401 Definitions and principles of construction.
Sec. 12401.
(1) As used in this part:
(a) "Advisory board" means the board appointed pursuant to section 12421.
(b) "Agricultural labor camp" means a tract of land and all tents, vehicles, buildings, or other structures pertaining thereto, part of which is established, occupied, or used as living quarters for 5 or more migratory laborers engaged in agricultural activities, including related food processing.
(c) "Camp operator" means a person who owns, establishes, operates, conducts, manages, or maintains an agricultural labor camp or who causes or permits the occupancy or use of an agricultural labor camp whether or not rent is charged for housing and facilities.
(d) "Fund" means the migratory labor housing fund.
(e) "Migratory laborer" means a person working, or available for work, who moves seasonally 1 or more times from 1 place to another from within or without the state for the purpose of such employment or availability or who is employed in the growing of mushrooms.
(f) "Person" means a person as defined in section 1106 or a governmental entity.
(g) "Remodeling" means the remodeling, improving, or reconstruction of existing housing or facilities which are incidental or appurtenant thereto for migratory laborers or the construction of new housing or facilities which are incidental or appurtenant thereto for migratory laborers.
(2) In addition, article 1 contains general definitions and principles of construction applicable to all articles in this code.
History:
1978, Act 368, Eff. Sept. 30, 1978
Compiler's Notes:
For transfer of powers and duties of migrant labor housing program from department of health and human services to department of agriculture and rural development, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368