65-3220 Short title.
65-3220. Short title. This act may be cited as the revised uniform anatomical gift act. History: L. 2007, ch. 127, § 1; July 1.
65-3221 Definitions.
65-3221. Definitions. In this act: (1) “Adult” means an individual who is at least 18 years of age. (2) “Agent” means an individual: (A) Authorized to make health-care decisions on the principal’s behalf by a power of attorney for health care; or (B) expressly authorized to make an anatomical gift on the principal’s behalf by […]
65-3222 Applicability.
65-3222. Applicability. This act applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made. History: L. 2007, ch. 127, § 3; July 1.
65-3223 Who may make anatomical gift before donor’s death.
65-3223. Who may make anatomical gift before donor’s death. Subject to K.S.A. 65-3227, and amendments thereto, an anatomical gift of a donor’s body or part may be made during the life of the donor for the purpose of transplantation, therapy, research or education in the manner provided in K.S.A. 65-3224, and amendments thereto, by: (1) […]
65-3224 Manner of making anatomical gift before donor’s death.
65-3224. Manner of making anatomical gift before donor’s death. (a) A donor may make an anatomical gift: (1) By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor’s driver’s license or identification card; (2) in a will; (3) during a terminal illness or injury […]
65-3225 Amending or revoking anatomical gift before donor’s death; first person consent organ and tissue donor registry.
65-3225. Amending or revoking anatomical gift before donor’s death; first person consent organ and tissue donor registry. (a) Subject to K.S.A. 65-3227, and amendments thereto, a donor or other person authorized to make an anatomical gift under K.S.A. 65-3223, and amendments thereto, may amend or revoke an anatomical gift by: (1) A record signed by: […]
65-3226 Refusal to make anatomical gift; effect of refusal.
65-3226. Refusal to make anatomical gift; effect of refusal. (a) An individual may refuse to make an anatomical gift of the individual’s body or part by: (1) A record signed by: (A) The individual; or (B) subject to subsection (b), another acting at the direction of the individual if the individual is physically unable to […]
65-3227 Preclusive effect of anatomical gift, amendment, or revocation.
65-3227. Preclusive effect of anatomical gift, amendment, or revocation. (a) Except as otherwise provided in subsection (g) and subject to subsection (f), 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 part […]
65-3228 Who may make anatomical gift of decedent’s body or part.
65-3228. Who may make anatomical gift of decedent’s body or part. (a) Subject to subsections (b) and (c) and unless barred by K.S.A. 65-3226 or 65-3227, and amendments thereto, an anatomical gift of a decedent’s body or part for purpose of transplantation, therapy, research or education may be made by any member of the following […]
65-3229 Manner of making, amending, or revoking anatomical gift of decedent’s body or part.
65-3229. Manner of making, amending, or revoking anatomical gift of decedent’s body or part. (a) A person authorized to make an anatomical gift under K.S.A. 65-3228, and amendments thereto, may make an anatomical gift by a document of gift signed by the person making the gift or by that person’s oral communication that is electronically […]
65-3230 Persons that may receive anatomical gift; purpose of anatomical gift.
65-3230. Persons that may receive anatomical gift; purpose of anatomical gift. (a) An anatomical gift may be made to the following persons named in the document of gift: (1) A hospital, accredited medical school, dental school, college, or university, organ procurement organization or other appropriate person, for research or education; (2) subject to subsection (b), […]
65-3231 Search and notification.
65-3231. Search and notification. (a) The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal: (1) A law enforcement officer, firefighter, paramedic, […]
65-3232 Delivery of document of gift not required; right to examine.
65-3232. Delivery of document of gift not required; right to examine. (a) A document of gift need not be delivered during the donor’s lifetime to be effective. (b) Upon or after an individual’s death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the […]
65-3233 Rights and duties of procurement organization and others.
65-3233. Rights and duties of procurement organization and others. (a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the division of motor vehicles of the department of revenue and any donor registry that it knows exists for the […]
65-3234 Coordination of procurement and use.
65-3234. Coordination of procurement and use. Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts. History: L. 2007, ch. 127, § 15; July 1.
65-3235 Sale or purchase of parts prohibited.
65-3235. Sale or purchase of parts prohibited. (a) Except as otherwise provided in subsection (b), a person that for valuable consideration, knowingly purchases or sells a part for transplantation or therapy if removal of a part from an individual is intended to occur after the individual’s death commits a severity level 5, nonperson felony. (b) […]
65-3236 Other prohibited acts.
65-3236. Other prohibited acts. A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift or a refusal commits a severity level 10, nonperson felony. History: L. 2007, ch. 127, § 17; July 1.
65-3237 Immunity.
65-3237. Immunity. (a) A person or healthcare provider that acts in accordance with this act or with the applicable anatomical gift law of another state, or in good faith attempts to do so, is not liable for the act in a civil action, criminal prosecution, or administrative proceeding. (b) Neither the person making an anatomical […]
65-3238 Law governing validity; choice of law as to execution of document of gift; presumption of validity.
65-3238. Law governing validity; choice of law as to execution of document of gift; presumption of validity. (a) A document of gift is valid if executed in accordance with: (1) This act; (2) the laws of the state or country where it was executed; or (3) the laws of the state or country where the […]
65-3239 Establishing a statewide donor registry; requirements; first person consent organ and tissue donor registry.
65-3239. Establishing a statewide donor registry; requirements; first person consent organ and tissue donor registry. (a) Information obtained under K.S.A. 8-247 and 8-1325, and amendments thereto, from the division of vehicles by the Kansas federally designated organ procurement organization shall be used for the purpose of establishing a statewide organ and tissue donor registry accessible […]