§ 23-18.6.1-11 - Persons that may receive anatomical gift – Purpose of anatomical gift.
SECTION 23-18.6.1-11
§ 23-18.6.1-11 Persons that may receiveanatomical gift – Purpose of anatomical gift. – (a) An anatomical gift may be made to the following persons named in thedocument of gift:
(1) A hospital; accredited medical school, dental school,college, or university; organ procurement organization; or other appropriateperson, for research or education;
(2) Subject to subsection (b), an individual designated bythe person making the anatomical gift if the individual is the recipient of thepart;
(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 inaccordance with subsection (g) in the absence of a known, express, contraryindication by the person making the anatomical gift.
(c) If an anatomical gift of one or more specific parts or ofall parts is made in a document of gift that does not name a person describedin subsection (a) but identifies the purpose for which an anatomical gift maybe 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 purposeof transplantation 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 giftis for the purpose of research or education, the gift passes to the appropriateprocurement organization.
(d) For the purpose of subsection (c), if there is more thanone purpose of an anatomical gift set forth in the document of gift but thepurposes are not set forth in any priority, the gift must be used fortransplantation or therapy, if suitable. If the gift cannot be used fortransplantation or therapy, the gift may be used for research or education.
(e) If an anatomical gift of one or more specific parts ismade 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 inaccordance with subsection (g) and must be used for transplantation or therapy,if suitable. If the gift cannot be used for transplantation or therapy, thegift may be used for research or education.
(f) If a document of gift specifies only a general intent tomake an anatomical gift by words such as "donor", "organ donor", or "bodydonor", or by a symbol or statement of similar import, the gift passes inaccordance with subsection (g) and must be used for transplantation or therapy,if suitable. If the gift cannot be used for transplantation or therapy, thegift may be used for research or education.
(g) For purposes of subsections (b), (e), and (f) thefollowing rules apply:
(1) If the part is an eye, the gift passes to the appropriateeye bank.
(2) If the part is tissue, the gift passes to the appropriatetissue bank.
(3) If the part is an organ, the gift passes to theappropriate organ procurement organization as custodian of the organ.
(h) An anatomical gift of an organ for transplantation ortherapy, other than an anatomical gift under subdivision (a)(2), passes to theorgan procurement organization as custodian of the organ.
(i) If an anatomical gift does not pass pursuant tosubsections (a) through (h) or the decedent's body or part is not used fortransplantation, therapy, research, or education, custody of the body or partpasses to the person under obligation to dispose of the body or part.
(j) A person may not accept an anatomical gift if the personknows that the gift was not effectively made in accordance with this chapter orif the person knows that the decedent made a refusal in accordance with thischapter that was not revoked. For purposes of the subsection, if a person knowsthat an anatomical gift was made on a document of gift, the person is deemed toknow of any amendment or revocation of the gift or any refusal to make ananatomical 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 ortherapy.