Posted on December 2, 2019 at 11:04 PM
Michigan Representative Joseph Bellino is drafting legislation that would allow parents to refuse brain death testing for a minor.
If enacted, Michigan would be the first state in the country to legislatively require consent. Trial courts in some states have issued orders to that effect in specific cases. But every state to legislate or regulate the question (e.g. New York, Nevada) has said consent is not required.
“Bobby’s Law” would be modeled after “Simon’s Law” which was recently enacted in Missouri, Kansas, Arizona, and other states. Simon’s Law typically requires a minor’s parents to consent to withhold or withdraw life-sustaining treatment. Bobby’s Law would do all that plus require consent to determine brain death.