HB 4125, HB 4126 and HB 4479 signed into Law on July 21st!
These three bills were signed into law by Michigan Governor Jennifer Granholm on
July 21, 2003.
HB 4125 - Sponsored by Representative Michael Murphy
This bill permits a person to authorize a designated patient advocate to
make an anatomical gift on the person's behalf, upon the patient's death.
HB 4126 - Sponsored by Representative Michael Murphy
This bill gives a designated patient advocate priority over others (like a
spouse, parent, adult child, etc.) authorized to make an anatomical gift
upon the patient's death.
HB 4479 - Sponsored by Representative John Gleason
Also known as First Person Consent legislation. This bill specifies that
an anatomical gift made by a will or a document of gift (e.g. donor
registry card) would not be revocable after the death of the donor, making
the donor's wishes paramount. This bill adds state ID cards and driver
licenses to the list of acceptable documents authorizing an anatomical gift.
Additionally, HB 4479 deletes the requirement on the hospital's organ donor
log sheet for the name and signature of the person making a donation
request.
What is a patient advocate?
Anyone can designate a patient advocate through a durable power of attorney
for health care. In doing so, the patient advocate is responsible for
making decisions of behalf of the designated patient when they are unable
to participate in medical treatment decisions for themselves. The patient
advocate must follow the wishes of the patient and has the authority to
consent to or refuse treatment, to arrange medical services, has access to
medical records and may consent to organ and tissue donation for
transplantation and/or research. If a patient advocate cannot determine
the choice the patient would want, he/she shall choose based on what they
believe to be in the best interest of the patient.
How does this First Person Consent legislation increase the importance of the Donor Registry?
Upon every hospital death, Gift of Life Michigan is notified. Having the
donor registry card on file ensures that your decision to become a donor is
carried out. The registry is a confidential, 24 hour a day, computerized
database that documents each participant's desire to become an organ and
tissue donor. With a signed donor registry card (or driver license or any
anatomical gift card), when a registered donor dies their family will be
notified of their loved one's expressed wish to become a donor and notified
of the next steps which will be followed to proceed with the donation
process.
Why isn't signing the back of your driver license enough?
The Gift of Life Donor Registry is the only document that is accessed at
the time of death regarding organ and tissue donation. In most cases the
driver license is never located to determine a person's desire to become a
donor. Family discussion about donation is helpful to keep everyone informed about
each others' wishes regarding donation; still the donor registry is the
best location to document your wish to become an organ and tissue donor.