Section 23-18.6.1-1. – Short title.
§ 23-18.6.1-1. Short title. This chapter shall be known and may be cited as “The Maureen A. Sebastianelli and Daniel B. Miller Uniform Anatomical Gift Act.” History of Section.P.L. 2007, ch. 476, § 2.
Section 23-18.6.1-10. – Manner of making, amending or revoking anatomical gift of decedent’s body or part.
§ 23-18.6.1-10. Manner of making, amending or revoking anatomical gift of decedent’s body or part. (a) A person authorized to make an anatomical gift under § 23-18.6.1-9 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 or […]
Section 23-18.6.1-11. – Persons that may receive anatomical gift — Purpose of anatomical gift.
§ 23-18.6.1-11. 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 […]
Section 23-18.6.1-12. – Search and notification.
§ 23-18.6.1-12. 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, […]
Section 23-18.6.1-13. – Delivery of document of gift not required — Right to examine.
§ 23-18.6.1-13. 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 […]
Section 23-18.6.1-14. – Rights and duties of procurement organization and others.
§ 23-18.6.1-14. 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 of motor vehicles and any donor registry that it knows exists for the geographical area in which […]
Section 23-18.6.1-15. – Coordination of procurement and use.
§ 23-18.6.1-15. 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. History of Section.P.L. 2007, ch. 476, § 2.
Section 23-18.6.1-16. – Sale or purchase of parts prohibited.
§ 23-18.6.1-16. 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 felony and upon conviction is […]
Section 23-18.6.1-17. – Other prohibited acts.
§ 23-18.6.1-17. 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 is subject to a fine not exceeding fifty thousand dollars ($50,000) […]
Section 23-18.6.1-18. – Immunity.
§ 23-18.6.1-18. Immunity. (a) 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, is not liable for the act in a civil action, criminal prosecution, or administrative proceeding. (b) Neither the person making an anatomical gift nor […]
Section 23-18.6.1-19. – Law governing validity — Choice of law as to execution of document of gift — Presumption of validity.
§ 23-18.6.1-19. 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 chapter; (2) The laws of the state where it was executed; or (3) The laws of the state where the person […]
Section 23-18.6.1-2. – Definitions.
§ 23-18.6.1-2. Definitions. For purposes of this chapter, unless the context otherwise requires: (1) “Adult” means an individual who is at least eighteen (18) years of age. (2) “Agent” means an individual: (i) Authorized to make health care decisions on the principal’s behalf by a power of attorney for health care; or (ii) Expressly authorized […]
Section 23-18.6.1-20. – Donor registry.
§ 23-18.6.1-20. Donor registry. (a) A donor registry must: (1) Allow a donor or other person authorized pursuant to this chapter to include an individual on the donor registry who has made an anatomical gift; (2) Be accessible to a procurement organization to allow it to obtain relevant information on the donor registry to determine, […]
Section 23-18.6.1-21. – [Reserved.]
§ 23-18.6.1-21. [Reserved.]
Section 23-18.6.1-22. – Cooperation between medical examiner and procurement organization.
§ 23-18.6.1-22. Cooperation between medical examiner and procurement organization. A medical examiner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education. History of Section.P.L. 2007, ch. 476, § 2.
Section 23-18.6.1-23. – Facilitation of anatomical gift from decedent whose body is under jurisdiction of medical examiner.
§ 23-18.6.1-23. Facilitation of anatomical gift from decedent whose body is under jurisdiction of medical examiner. (a) The medical examiner or his or her designee shall provide the federally designated organ procurement organization and other nonprofit federally registered eye and tissue banks, in a timely manner, all information necessary to facilitate organ and tissue donation […]
Section 23-18.6.1-24. – Uniformity of application and construction.
§ 23-18.6.1-24. 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. History of Section.P.L. 2007, ch. 476, § 2.
Section 23-18.6.1-25. – Relation to Electronic Signatures in Global and National Commerce Act.
§ 23-18.6.1-25. 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. § 7001 et seq., but does not modify, limit or supersede § 101(a) of that act, 15 U.S.C. § 7001, or authorize electronic delivery of any […]
Section 23-18.6.1-3. – Applicability.
§ 23-18.6.1-3. Applicability. This chapter applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made. History of Section.P.L. 2007, ch. 476, § 2.
Section 23-18.6.1-4. – Who may make anatomical gift before donor’s death.
§ 23-18.6.1-4. Who may make anatomical gift before donor’s death. Subject to the provisions of this chapter, 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 by: (1) The donor, if the donor is an adult or […]