[ Previous Page] [ Home Page ]
The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5637 January 31, 1980 ANATOMICAL GIFT ACT: Medical school course in eye enucleation COLLEGES AND UNIVERSITIES: Eye enucleation course in College of Medicine CONSTITUTION OF MICHIGAN: Art 8, Sec. 5 (state universities) OPTOMETRY: Eye enucleation course in College of Medicine The governing board of a state university has discretion to determine the prerequisites for admission to a medical school course in eye enucleation. Honorable Joseph M. Forbes Honorable Gary M. Owen State Representatives Capitol Building Lansing, Michigan You have requested my opinion on a question which may be stated as follows: Can state medical schools in Michigan limit admission to eye enucleation courses conducted under Sec. 5(a) of the Uniform Anatomical Gift Act, MCLA 328.265a; MSA 14.523(55a) to persons engaged in certain occupations and exclude others, specifically optometrists? The Uniform Anatomical Gift Act, 1969 PA 189; MCLA 328.261 et seq; MSA 14.523(51) et seq, provides a procedure by which persons may donate various body parts, the gift to take effect upon death. 1969 PA 189, supra, Sec. 5a which pertains to the donation of eyes or parts of eyes states: '(1) In the absence of designation of a physician or surgeon by either the donor or the donee of an eye or a part thereof of a deceased person, or because the physician or surgeon is not readily available to excise the eye or part thereof as specified in a donor card or will, a licensed physician or a person who is certified by a state medical school may perform the operation and arrange for placement of the gift in the nearest eye bank. A state medical school may certify a person as qualified to perform the operation required for the removal of an eye or a part thereof only after successfully completing a comprehensive course in eye enucleation organized and conducted by the state medical school or who has successfully completed a similar course offered by a nationally accredited medical school located outside of this state. '(2) As used in this section, 'state medical school' means the university of Michigan school of medicine, the Michigan state university college of human medicine, the Michigan state university college of osteopathic medicine, or the Wayne state university school of medicine.' MCLA 328.265a; MSA 14.523(55a). Each of the medical schools named in section 5a(2) is governed by the regents, trustees and governors, respectively, of University of Michigan, Michigan State University and Wayne State University and each of the boards have constitutional status by virtue of the provisions of Const 1963, art 8, Sec. 5. The constitutional autonomy of these institutions is plenary as to its educational programs, but does insulate them from the health and safety laws of the state. Regents of the University of Michigan v State of Michigan, 395 Mich 52, 75; 235 NW2d 1, 11 (1975). Regents of the University of Michigan v Employment Relations Commission, 389 Mich 96, 109; 204 NW2d 218, 224 (1972); OAG, 1975-1976, No 3662, p 708 (December 15, 1976). However, the determination of the prerequisites for admission to an university course is a matter within the discretion of the university. It has been held that academic freedom is protected by the First Amendment and the freedom of the university to make educational judgments includes the selection of its student body. See Opinion of Justice Powell, Regents of the University of California v Bakke, 438 US 265; 98 S Ct 2733; 57 L Ed 2d 750 (1978). Further, the question of admission to a particular program offered by a state university does not involve a fundamental right under the United States Constitution or the Michigan Constitution so as to require strict judicial scrutiny of the state's interest in the classification. Alevy v Downstate Medical Center, 384 NY Supp 2d 82, 88; 348 NE2d 537, 543 (1976), and San Autonio School District v Rodriguez, 411 US 1; 93 S Ct 1278; 36 L Ed 2d 16 (1972). It is therefore my opinion that the governing board of a state university has the discretion to determine the prerequisites for admission to a medical school course in eye enucleation. Frank J. Kelley Attorney General
[ Previous Page] [ Home Page ]