Missouri Revised Statutes













Chapter 194

Death--Disposition of Dead Bodies

←194.235

Section 194.240.1

194.245→

August 28, 2015

Person other than donor barred from making, amending, or revoking donor's gift--revocation not a bar to making a gift--parent may revoke or amend a gift of a child.

194.240. 1. Except as otherwise provided in subsection 7 of this section

and subject to subsection 6 of this section, in the absence of an express,

contrary indication by the donor, a person other than the donor is barred from

making, amending, or revoking an anatomical gift of a donor's body or a part

if the donor made an anatomical gift of the donor's body or the part under

section 194.225 or an amendment to an anatomical gift of the donor's body or

the part under section 194.230.



2. A donor's revocation of an anatomical gift of the donor's body or a

part under section 194.230 is not a refusal and does not bar another person

specified in section 194.220 or 194.245 from making an anatomical gift of the

donor's body or a part under section 194.225 or 194.250.



3. If a person other than the donor makes an unrevoked anatomical gift of

the donor's body or part under section 194.225 or an amendment to an

anatomical gift of the donor's body or part under section 194.230, another

person may not make, amend, or revoke the gift of the donor's body or part

under section 194.250.



4. A revocation of an anatomical gift of the donor's body or a part under

section 194.230 by a person other than the donor does not bar another person

from making an anatomical gift of the body or a part under section 194.225 or

194.250.



5. In the absence of an express, contrary indication by the donor or

other person authorized to make an anatomical gift under section 194.220, an

anatomical gift of a part is neither a refusal to give another part nor a

limitation on the making of an anatomical gift of another part at a later time

by the donor or another person.



6. In the absence of an express, contrary indication by the donor or

other person authorized to make an anatomical gift under section 194.220, an

anatomical gift of a part for one or more purposes set forth in section

194.220 is not a limitation on the making of an anatomical gift of the part

for any other purpose by the donor or other person under section 194.225 or

194.250.



7. If a donor who is an unemancipated minor dies, a parent or guardian of

the donor who is reasonably available may revoke or amend an anatomical gift

of the donor's body or part.



(L. 1969 S.B. 43 § 4, A.L. 1975 H.B. 107, A.L. 1978 H.B. 1492, A.L.

1991 S.B. 177, A.L. 1995 H.B. 178, A.L. 1996 H.B. 811, A.L. 2008

S.B. 1139)





1996



1996



194.240. 1. A gift of all or part of the body under subsection 1 of

section 194.220 may be made by will. The gift becomes effective upon the

death of the testator without waiting for probate. If the will is not

probated, or if it is declared invalid for testamentary purposes, the gift, to

the extent that it has been acted upon in good faith, is nevertheless valid

and effective.



2. A gift of all or part of the body under subsection 1 of section

194.220 may also be made by document other than a will. The gift becomes

effective upon the death of the donor. The document, which may be a card

designed to be carried on the person, must be signed by the donor in the

presence of two witnesses who must sign the document in his presence or before

a notary or other official authorized to administer oaths generally. If the

donor cannot sign, the document may be signed for him at his direction and in

his presence in the presence of two witnesses who must sign the document in

his presence. Delivery of the document of gift during the donor's lifetime is

not necessary to make the gift valid.



3. The gift may be made to a specified donee or without specifying a

donee. If the latter, the gift may be accepted by a physician as donee upon

or following death. If the gift is made to a specified donee who is not

available at the time and place of death or if the gift cannot be implemented,

a physician upon or following death, in the absence of any expressed

indication that the donor desired otherwise, may accept the gift as donee. The

physician who becomes a donee under this subsection shall not participate in

the procedures for removing or transplanting a part.



4. Notwithstanding the provisions of subsection 2 of section 194.270,

the donor may designate in his will, card, or other document of gift the

surgeon or physician to carry out the appropriate procedures. In the absence

of a designation or if the designee is not available, the donee or other

person authorized to accept the gift may employ or authorize any surgeon or

physician to carry out the appropriate procedures. For the purpose of

removing an eye or part thereof, any medical technician employed by a

hospital, physician or eye bank and acting under supervision may perform the

appropriate procedures. Any medical technician authorized to perform such

procedure shall successfully complete the course prescribed in section 194.295

for embalmers.



5. Any gift by a person designated in subsection 2 of section 194.220

shall be made by a document signed by him or made by his telegraphic, recorded

telephonic, or other recorded message.



6. A gift of part of the body under subsection 1 of section 194.220 may

also be made by a statement on a form which shall be provided on the reverse

side of all Missouri motor vehicle licenses issued pursuant to chapter 302,

RSMo. The statement to be effective shall be signed by the owner of the

license in the presence of two witnesses, who shall sign the statement in the

presence of the donor. Use of the form is prima facie evidence that the owner

of the license intended to make the anatomical gift, and there shall be no

civil or criminal liability for removal of any part of the body indicated on

the form by a licensed physician or surgeon. The gift becomes effective upon

the death of the donor. Delivery of the license during the donor's lifetime

is not necessary to make the gift valid. The gift shall become invalidated

upon expiration, cancellation, revocation, or suspension of the license, and

the gift must be renewed upon renewal of each license. Pertinent medical

information which may affect the quality of the gift may be included in the

statement of gift.



7. Any person eighteen years of age or older, or any person under the

age of eighteen with parental consent who indicates the desire to make an

organ donation through any method prescribed in this section may also contact

the department of health and senior services when completing such form, so

that the information may be included in the registry maintained by the

department pursuant to subsection 1 of section 194.304. Failure to contact

the department of health and senior services shall not be construed to

challenge the validity of the organ donation.



8. Organ procurement organizations and tissue banks may employ

coordinators to assist in the procurement of cadaveric organs and tissue for

transplant or research. A coordinator who assists in the procurement of

cadaveric organs or tissue for transplantation or research must do so under

the direction and supervision of a physician or surgeon. With the exception

of organ procurement surgery, this supervision may be indirect supervision.

For purposes of this subsection, the term "indirect supervision" means that a

physician or surgeon is responsible for the medical actions of the

coordinator, that the coordinator is acting under protocols expressly approved

by a physician or surgeon, and that a physician or surgeon is available, in

person or by telephone, to provide medical direction, consultation and advice

in cases of organ and tissue donation and procurement.



9. The department of health and senior services shall collect

information and publish an annual report which shall include the number of

organ and tissue donations made in the state, the number of organ or tissue

donations received by citizens of the state of Missouri, the number of organ

or tissue donations transported outside the state boundaries and the cost of

such organ or tissue donations.



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