Summary — HB 5394 (amends MCL 333.10120, Public Health Code)
Status: Enacted — signed by Governor 6/20/2025; effective 9/1/2025. Companion: SB 224.
Purpose
- To streamline communication between state agencies and organ procurement organizations (OPOs) so individuals who opt into the anatomical gift/donor registry via their Michigan individual income tax return can be identified and added to the state donor registry even when certain identifying information is missing on the tax form.
Key provisions / What the bill changes
- Amends section 10120 of the Public Health Code (MCL 333.10120).
- Continues the current process where the Department of Treasury transmits a “donor registry schedule” filed on an individual income tax return to the Secretary of State (SOS) for persons who indicate a willingness to be placed on the donor registry.
- Clarifies SOS actions when the transmitted donor schedule does or does not include a driver license or state personal identification card number:
- If the schedule includes a driver license/state ID number, the SOS will record the schedule and add the individual to the state donor registry.
- If the schedule does not include a driver license/state ID number, the SOS shall provide the data contained in that donor registry schedule directly to the organ procurement organization (or its successor organization).
- Maintains existing registry requirements: OPO access to name/address/DOB at or near donor death; 24/7 electronic access at no cost to OPOs; and restrictions on use/disclosure of personally identifiable information (only to determine whether an anatomical gift was made, amended, or revoked).
Who is affected
- Individuals who opt in to the anatomical gift registry on their Michigan individual income tax return.
- State agencies: Department of Treasury and Secretary of State (responsible for transmitting/handling schedules).
- Organ procurement organizations, tissue banks, and eye banks (receive registry data and access the registry).
- No anticipated fiscal impact to the state or local governments (per House Fiscal Agency).
Procedural / timeline notes
- Introduced in the Legislature (originally Jan 16, 2024), went through committee hearings and amendments, passed both chambers in 2024–2025, sent to the Governor 5/28/2025, signed 6/20/2025, and becomes effective September 1, 2025.
- The change operates within the existing statutory donor-registry framework (subsections governing access, privacy, and nonstate registries remain in force).
Privacy safeguards
- The bill preserves subsection (5)’s limitation that personally identifiable information on the donor registry may not be used or disclosed except (with express consent) to determine at or near death whether an anatomical gift was made, amended, or revoked.
