194.255. Persons eligible to receive gift in the document of gift--gifts not naming persons, effect of--refusal of gift required when.
Persons eligible to receive gift in the document of gift--gifts notnaming persons, effect of--refusal of gift required when.
194.255. 1. An anatomical gift may be made to the following personsnamed in the document of gift:
(1) A hospital, accredited medical school, dental school, college,university, or organ procurement organization, cadaver procurementorganization, or other appropriate person for research or education;
(2) Subject to subsection 2 of this section, an individual designatedby the person making the anatomical gift if the individual is the recipientof the part; or
(3) An eye bank or tissue bank.
2. If an anatomical gift to an individual under subdivision (2) ofsubsection 1 of this section cannot be transplanted into the individual,the part passes in accordance with subsection 7 of this section in theabsence of an express, contrary indication by the person making theanatomical gift.
3. If an anatomical gift of one or more specific parts or of allparts is made in a document of gift that does not name a person describedin subsection 1 of this section but identifies the purpose for which ananatomical gift may be used, the following rules apply:
(1) If the part is an eye and the gift is for the purpose oftransplantation or therapy, the gift passes to the appropriate eye bank;
(2) If the part is tissue and the gift is for the purpose oftransplantation or therapy, the gift passes to the appropriate tissue bank;
(3) If the part is an organ and the gift is for the purpose oftransplantation or therapy, the gift passes to the appropriate organprocurement organization as custodian of the organ;
(4) If the part is an organ, an eye, or tissue and the gift is forthe purpose of research or education, the gift passes to the appropriateprocurement organization.
4. For the purpose of subsection 3 of this section, if there is morethan one purpose of an anatomical gift set forth in the document of giftbut the purposes are not set forth in any priority, the gift must be usedfor transplantation or therapy if suitable. If the gift cannot be used fortransplantation or therapy, the gift may be used for research or education.
5. If an anatomical gift of one or more specific parts is made in adocument of gift that does not name a person described in subsection 1 ofthis section and does not identify the purpose of the gift, the gift may beused only for transplantation or therapy, and the gift passes in accordancewith subsection 7 of this section.
6. If a document of gift specifies only a general intent to make ananatomical gift by words such as "donor", "organ donor", or "body donor",or by a symbol or statement of similar import, the gift may be used onlyfor transplantation or therapy, and the gift passes in accordance withsubsection 7 of this section.
7. For purposes of subsections 2, 5, and 6 of this section, thefollowing rules apply:
(1) If the part is an eye, the gift passes to the appropriate eyebank;
(2) If the part is tissue, the gift passes to the appropriate tissuebank;
(3) If the part is an organ, the gift passes to the appropriate organprocurement organization as custodian of the organ;
(4) If the gift is medically unsuitable for transportation ortherapy, the gift may be used for research or education and pass to theappropriate procurement organization or cadaver procurement organization.
8. An anatomical gift of an organ for transplantation or therapy,other than an anatomical gift under subdivision (2) of subsection 1 of thissection, passes to the organ procurement organization as custodian of theorgan.
9. If an anatomical gift does not pass under subsections 1 through 8of this section or the decedent's body or part is not used fortransplantation, therapy, research, or education, custody of the body orpart passes to the person under obligation to dispose of the body or part.
10. A person may not accept an anatomical gift if the person knowsthat the gift was not effectively made under section 194.225 or 194.250 orif the person knows that the decedent made a refusal under section 194.235that was not revoked. For purposes of this subsection, if a person knowsthat an anatomical gift was made on a document of gift, the person isdeemed to know of any amendment or revocation of the gift or any refusal tomake an anatomical gift on the same document of gift.
11. A person may not accept an anatomical gift if the person knowsthat the gift is from the body of an executed prisoner from anothercountry.
12. Except as otherwise provided in subdivision (2) of subsection 1of this section, nothing in this act* affects the allocation of organs fortransplantation or therapy.
(L. 2008 S.B. 1139)*"This act" (S.B. 1139, 2008) contained numerous sections. Consult Disposition of Sections table for a definitive listing.