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§327-10  Manner of making, amending, or revoking an anatomical gift of decedent's body or body part


Published: 2015

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     §327-10  Manner of making, amending, or

revoking an anatomical gift of decedent's body or body part.  (a)  A person

authorized to make an anatomical gift under section 327-9 may make an

anatomical gift by a document of gift signed by the person making the gift or

that person's oral communication that is electronically recorded or is

contemporaneously reduced to a record and signed by the individual receiving

the oral communication.

     (b)  Subject to subsection (c), an anatomical

gift by a person authorized under section 327-9 may be amended or revoked

orally or in a record by any member of a prior class who is reasonably

available; provided that any response other than an express, contrary

indication regarding the decedent's anatomical gift shall prohibit amendment or

revocation of an anatomical gift of the decedent's body or body parts.  If more

than one member of the prior class is reasonably available, the gift made by a

person authorized under section 327-9 may be amended or revoked only if a

majority of the reasonably available members of that class agree to the

amending or revoking of the gift; provided that any response other than an

express, contrary indication by the majority of the reasonably available

members of that class regarding the decedent's anatomical gift shall prohibit

amendment or revocation of an anatomical gift of the decedent's body or body

parts.

     (c)  A revocation under subsection (b) is

effective only if the procurement organization or transplant hospital or the

physician or technician knows of the revocation before an incision has been

made to remove a body part from the donor, or before invasive procedures have

begun to prepare the recipient. [L 2008, c 122, pt of §1; am L 2010, c 156, §2]