TITLE 23

Health and Safety

CHAPTER 23-18.6.1

Revised Uniform Anatomical Gift Act

SECTION 23-18.6.1-11



   § 23-18.6.1-11  Persons that may receive

anatomical gift – Purpose of anatomical gift. –

(a) An anatomical gift may be made to the following persons named in the

document of gift:



   (1) A hospital; accredited medical school, dental school,

college, or university; organ procurement organization; or other appropriate

person, for research or education;



   (2) Subject to subsection (b), an individual designated by

the person making the anatomical gift if the individual is the recipient of the

part;



   (3) An eye bank or tissue bank.



   (b) If an anatomical gift to an individual under subdivision

(a)(2) cannot be transplanted into the individual, the part passes in

accordance with subsection (g) in the absence of a known, express, contrary

indication by the person making the anatomical gift.



   (c) If an anatomical gift of one or more specific parts or of

all parts is made in a document of gift that does not name a person described

in subsection (a) but identifies the purpose for which an anatomical gift may

be used, the following rules apply:



   (1) If the part is an eye and the gift is for the purpose of

transplantation or therapy, the gift passes to the appropriate eye bank.



   (2) If the part is tissue and the gift is for the purpose of

transplantation or therapy, the gift passes to the appropriate tissue bank.



   (3) If the part is an organ and the gift is for the purpose

of transplantation or therapy, the gift passes to the appropriate organ

procurement organization as custodian of the organ.



   (4) If the part is an organ, an eye, or tissue and the gift

is for the purpose of research or education, the gift passes to the appropriate

procurement organization.



   (d) For the purpose of subsection (c), if there is more than

one purpose of an anatomical gift set forth in the document of gift but the

purposes are not set forth in any priority, the gift must be used for

transplantation or therapy, if suitable. If the gift cannot be used for

transplantation or therapy, the gift may be used for research or education.



   (e) If an anatomical gift of one or more specific parts is

made in a document of gift that does not name a person described in subsection

(a) and does not identify the purpose of the gift, the gift passes in

accordance with subsection (g) and must be used for transplantation or therapy,

if suitable. If the gift cannot be used for transplantation or therapy, the

gift may be used for research or education.



   (f) If a document of gift specifies only a general intent to

make an anatomical gift by words such as "donor", "organ donor", or "body

donor", or by a symbol or statement of similar import, the gift passes in

accordance with subsection (g) and must be used for transplantation or therapy,

if suitable. If the gift cannot be used for transplantation or therapy, the

gift may be used for research or education.



   (g) For purposes of subsections (b), (e), and (f) the

following rules apply:



   (1) If the part is an eye, the gift passes to the appropriate

eye bank.



   (2) If the part is tissue, the gift passes to the appropriate

tissue bank.



   (3) If the part is an organ, the gift passes to the

appropriate organ procurement organization as custodian of the organ.



   (h) An anatomical gift of an organ for transplantation or

therapy, other than an anatomical gift under subdivision (a)(2), passes to the

organ procurement organization as custodian of the organ.



   (i) If an anatomical gift does not pass pursuant to

subsections (a) through (h) or the decedent's body or part is not used for

transplantation, therapy, research, or education, custody of the body or part

passes to the person under obligation to dispose of the body or part.



   (j) A person may not accept an anatomical gift if the person

knows that the gift was not effectively made in accordance with this chapter or

if the person knows that the decedent made a refusal in accordance with this

chapter that was not revoked. For purposes of the subsection, if a person knows

that an anatomical gift was made on a document of gift, the person is deemed to

know of any amendment or revocation of the gift or any refusal to make an

anatomical gift on the same document of gift.



   (k) Except as otherwise provided in subdivision (a)(2),

nothing in this chapter affects the allocation of organs for transplantation or

therapy.



History of Section.

(P.L. 2007, ch. 476, § 2.)