Legislative Analysis
ORGAN TRANSPLANT FROM HIV-POSITIVE INDIVIDUAL Phone: (517) 373-8080
http://www.house.mi.gov/hfa
House Bill 5484 as introduced Analysis available at
Sponsor: Rep. Rebekah Warren http://www.legislature.mi.gov
Committee: Health Policy
Complete to 11-9-20
SUMMARY:
House Bill 5484 would amend the Public Health Code to allow for the transplantation of an
organ from an HIV-positive individual under certain circumstances.
Generally under the code, if the results of an HIV test are positive, the test subject’s blood or
human tissues, organs, or other specimens may not be used for transplantation, transfusion,
introduction, or injection into a human body. If there is insufficient time for testing given the
viability window, the recipient may receive the blood, tissues, organs, or other specimens
following informed consent that testing was not conducted.
The bill would instead provide that an individual could receive an organ from an HIV-positive
individual if the recipient was also HIV-positive, was informed that the donor tested positive,
and he or she and the person responsible for the transplantation agreed in writing to the use of
the organ. If the recipient was a minor, the parent, legal guardian, or person in loco parentis of
the minor would have to be informed of the HIV-positive test and agree to the use of the organ.
The bill would take effect 90 days after enactment.
MCL 333.9123
FISCAL IMPACT:
House Bill 5484 would not have any fiscal implications for state or local units of government.
Legislative Analyst: Jenny McInerney
Fiscal Analyst: Susan Frey
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations, and does not constitute an official statement of legislative intent.
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Statutes affected:
House Introduced Bill: 333.9123