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Sec. 13.52.160. Determination of qualifying condition.

Whether a patient has a qualifying condition under this chapter shall be determined by the primary physician of the patient and by at least one other physician, when another physician is available. A physician making the determination shall document the grounds for the determination in the patient’s medical record. Permanent unconsciousness shall be determined in […]

Sec. 13.52.173. Who may make anatomical gift before donor’s death.

Subject to AS 13.52.193, 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 AS 13.52.177 by (1) the donor, if the donor is an adult or if the donor is a minor […]

Sec. 13.52.177. 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 condition of the donor, by any form of communication addressed to at […]

Sec. 13.52.183. Amending or revoking anatomical gift before donor’s death.

(a) Except in the case of mental illness under AS 13.52.020(c), and subject to AS 13.52.193, a donor or another person authorized to make an anatomical gift under AS 13.52.173 may amend or revoke an anatomical gift by (1) a record signed by (A) the donor; (B) the other person; or (C) subject to (b) […]

Sec. 13.52.187. 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 (b) of this section, another individual acting at the direction of the individual if the individual is physically unable to sign; (2) the individual’s will, whether […]

Sec. 13.52.197. Who may make anatomical gift of decedent’s body or part.

(a) Subject to (b) and (c) of this section and unless barred by AS 13.52.187 or 13.52.193, an anatomical gift of a decedent’s body or part for the purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reasonably available, in the order of […]

Sec. 13.52.207. Persons who 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, an accredited medical school, a dental school, a college, a university, an organ procurement organization, or another appropriate person, for research or education; (2) subject to (b) of this section, an individual designated by the […]

Sec. 13.52.213. 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, a firefighter, a paramedic, or another […]

Sec. 13.52.217. 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) On 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 individual shall allow examination and copying of the document of gift […]

Sec. 13.52.223. 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 department and a donor registry. (b) A procurement organization shall be allowed reasonable access to information in the records of the department to ascertain whether an individual at […]

Sec. 13.52.233. Sale or purchase of parts prohibited; charges allowed.

(a) Except as otherwise provided in (b) of this section, a person who, 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 class C felony. (b) A person may charge a reasonable amount […]

Sec. 13.52.243. Immunity.

(a) Except as provided by AS 13.52.080 and 13.52.090, a person who acts under AS 13.52.173 – 13.52.268 or with the applicable anatomical gift law of another state, or attempts in good faith to act under AS 13.52.173 – 13.52.268 or with the applicable anatomical gift law of another state, is not liable for the […]

Sec. 13.52.253. Effect of anatomical gift on advance health care directive.

Except as provided by AS 13.52.055, if a prospective donor has an advance health care directive, and the terms of the directive and the express terms of a potential anatomical gift are in conflict with regard to the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy, the […]