[§327-7] Refusal to make an anatomical gift and effect of refusal.

309 words·~1 min read·/hi/chapter-327/327-7

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)An individual may refuse to make an anatomical gift of the individual's body or body part by:

(1)A record signed by:

(A)The individual; or

(B)Subject to subsection (b), another individual acting at the direction of the individual if the individual is physically unable to sign;

(2)The individual's will whether or not the will is admitted to probate or invalidated after the individual's death; or

(3)Any form of communication made by the individual during the individual's terminal illness or injury addressed to at least two other individuals who are at least eighteen years of age, one of whom is a disinterested witness.

(b)A record signed pursuant to subsection (a)(1)(B) shall:

(1)Be witnessed by at least two other individuals who are at least eighteen years of age, one of whom is a disinterested witness, who have signed at the request of the individual; and

(2)State that it has been signed and witnessed as provided in paragraph (1).

(c)An individual may amend or revoke a refusal:

(1)In the manner provided in subsection

(a)for making a refusal;

(2)By subsequently making an anatomical gift pursuant to section 327-5 that is inconsistent with the refusal; or

(3)By the destruction or cancellation of the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.

(d)Except as otherwise provided in section 327-8(h), in the absence of an express, contrary indication by the individual set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of the individual's body or a body part bars all other persons from making an anatomical gift of the individual's body or the body part. [L 2008, c 122, pt of §1]