Section 291-A:1 – Short Title.
291-A:1 Short Title. – This chapter may be cited as the Revised Uniform Anatomical Gift Act. Source. 2010, 111:1, eff. July 31, 2010.
Section 291-A:10 – Manner of Making, Amending, or Revoking Anatomical Gift of Decedent’s Body or Part.
291-A:10 Manner of Making, Amending, or Revoking Anatomical Gift of Decedent’s Body or Part. – I. A person authorized to make an anatomical gift under RSA 291-A:9 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 recorded […]
Section 291-A:11 – Persons That May Receive an Anatomical Gift; Purpose of Anatomical Gift.
291-A:11 Persons That May Receive an Anatomical Gift; Purpose of Anatomical Gift. – I. An anatomical gift may be made to the following persons named in the document of gift: (a) A hospital; accredited medical school, dental school, college, or university; organ procurement organization; or other appropriate person, for research or education; (b) Subject […]
Section 291-A:12 – Search and Notification.
291-A:12 Search and Notification. – I. 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: (a) A law enforcement officer, […]
Section 291-A:13 – Delivery of Document of Gift Not Required; Right to Examine.
291-A:13 Delivery of Document of Gift Not Required; Right to Examine. – I. A document of gift need not be delivered during the donor’s lifetime to be effective. II. 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 […]
Section 291-A:14 – Rights and Duties of Procurement Organization and Others.
291-A:14 Rights and Duties of Procurement Organization and Others. – I. 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 New Hampshire donor registry and any other donor registry that it knows exists for the geographical area […]
Section 291-A:15 – Coordination of Procurement and Use.
291-A:15 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. Source. 2010, 111:1, eff. July 31, 2010.
Section 291-A:16 – Sale or Purchase of Parts Prohibited.
291-A:16 Sale or Purchase of Parts Prohibited. – I. Except as otherwise provided in paragraph II, 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 felony and, notwithstanding RSA […]
Section 291-A:17 – Other Prohibited Acts.
291-A:17 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 felony and upon conviction shall be subject to a fine not exceeding $50,000 or […]
Section 291-A:18 – Immunity.
291-A:18 Immunity. – I. A person that acts in accordance with this chapter or with the applicable anatomical gift law of another state, or attempts in good faith to do so, shall not be liable for the act in a civil action, criminal prosecution, or administrative proceeding. Acting consistent with a document of gift […]
Section 291-A:19 – Law Governing Validity; Choice of Law as to Execution of Document of Gift; Presumption of Validity.
291-A:19 Law Governing Validity; Choice of Law as to Execution of Document of Gift; Presumption of Validity. – I. A document of gift is valid if executed in accordance with: (a) This chapter; (b) The laws of the state or country where it was executed; or (c) The laws of the state or country […]
Section 291-A:2 – Definitions.
291-A:2 Definitions. – In this chapter: I. " Adult " means an individual who is at least 18 years of age. II. " Agent " means an individual: (a) Authorized to make health-care decisions on the principal’s behalf by a power of attorney for health care pursuant to RSA 137-J; or (b) Expressly authorized […]
Section 291-A:20 – Donor Registry.
291-A:20 Donor Registry. – I. A donor registry shall: (a) Provide a database that allows an individual who has made an anatomical gift to be included in the donor registry; (b) Be accessible to a procurement organization to allow it to obtain relevant information on the donor registry to determine, at or near death […]
Section 291-A:21 – Cooperation Between Medical Examiner and Procurement Organization.
291-A:21 Cooperation Between Medical Examiner and Procurement Organization. – I. The chief medical examiner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education. II. If a medical examiner receives notice from a procurement organization that an anatomical gift might be available […]
Section 291-A:22 – Facilitation of Anatomical Gift From Decedent Whose Body is Under Jurisdiction of Medical Examiner.
291-A:22 Facilitation of Anatomical Gift From Decedent Whose Body is Under Jurisdiction of Medical Examiner. – I. Upon request of a procurement organization, a medical examiner shall release to the procurement organization the name, contact information, and available medical and social history of a decedent whose body is under the jurisdiction of the medical […]
Section 291-A:23 – Honoring an Individual’s Decision to Donate.
291-A:23 Honoring an Individual’s Decision to Donate. – A person’s decision to make a donation of that person’s own body, organ, or tissue after death shall be honored and may not be revoked or amended by anyone after such individual’s death. In the absence of a revocation or amendment by the individual prior to […]
Section 291-A:24 – Uniformity of Application and Construction.
291-A:24 Uniformity of Application and Construction. – In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Source. 2010, 111:1, eff. July 31, 2010.
Section 291-A:25 – Relation to Electronic Signatures in Global and National Commerce Act.
291-A:25 Relation to Electronic Signatures in Global and National Commerce Act. – This act modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. section 7001 et seq., but does not modify, limit, or supersede section 101(a) of that act, 15 U.S.C. section 7001, or authorize electronic delivery of […]
Section 291-A:3 – Applicability.
291-A:3 Applicability. – This chapter applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made. Source. 2010, 111:1, eff. July 31, 2010.
Section 291-A:4 – Who May Make Anatomical Gift Before Donor’s Death.
291-A:4 Who May Make Anatomical Gift Before Donor’s Death. – Subject to RSA 291-A:8, 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 RSA 291-A:5 by: I. The donor, if the […]