Sections 1 through 25 of this act [24-6B-1 to 24-6B-25 NMSA 1978] may be cited as the “Jonathan Spradling Revised Uniform Anatomical Gift Act”. History: Laws 2007, ch. 323, § 1. ANNOTATIONS Effective dates. — Laws 2007, ch. 323, § 36 made the Jonathan Spradling Revised Uniform Anatomical Gift Act effective July 1, 2007.
A. A person authorized to make an anatomical gift pursuant to Section 9 [24-6B-9 NMSA 1978] of the Jonathan Spradling Revised Uniform Anatomical Gift Act 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 is contemporaneously […]
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 the provisions of Subsection B of this section, an individual designated by the […]
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 or other emergency rescuer […]
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 individual shall allow examination and copying of the document of gift […]
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 motor vehicle division of the taxation and revenue department and any donor registry that it knows exists for the geographical area in which the individual resides to ascertain […]
Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts. History: Laws 2007, ch. 323, § 15. ANNOTATIONS Effective dates. — Laws 2007, ch. 323, § 36 made the Jonathan Spradling Revised Uniform Anatomical Gift Act effective July 1, 2007.
A. Except as otherwise provided in Subsection 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 third degree felony and upon conviction is subject to a […]
A person who, 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 third degree felony and upon conviction is subject to a fine not exceeding five thousand dollars ($5,000) or imprisonment not […]
A. A person that acts in accordance with the Jonathan Spradling Revised Uniform Anatomical Gift Act 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 […]
A. A document of gift is valid if executed in accordance with: (1) the Jonathan Spradling Revised Uniform Anatomical Gift Act; (2) the laws of the state or country where it was executed; or (3) the laws of the state or country where the person making the anatomical gift was domiciled, has a place of […]
As used in the Jonathan Spradling Revised Uniform Anatomical Gift Act: A. “adult” means an individual who is at least sixteen years of age; B. “agent” means an individual: (1) authorized to make health care decisions on the principal’s behalf by a power of attorney for health care; or (2) expressly authorized to make an […]
A. The motor vehicle division of the taxation and revenue department shall establish a donor registry pursuant to the provisions of Subsection B of Section 66-5-10 NMSA 1978. B. The motor vehicle division of the taxation and revenue department shall cooperate with a person that administers any donor registry that this state establishes, contracts for […]
A. As used in this section: (1) “advance health-care directive” means a power of attorney for health care, a health-care directive made pursuant to the provisions of the Uniform Health-Care Decisions Act [Chapter 24, Article 7A NMSA 1978] or a record signed by a prospective donor containing the prospective donor’s direction concerning a health-care decision […]
A. The office of the state medical investigator shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research or education. B. If the office of the state medical investigator receives notice from a procurement organization that an anatomical gift might be available or was made […]
A. Upon request of a procurement organization, the office of the state medical investigator 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 office of the state medical investigator. If the decedent’s body or part is medically […]
In applying and construing the Jonathan Spradling Revised Uniform Anatomical Gift Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: Laws 2007, ch. 323, § 24. ANNOTATIONS Effective dates. — Laws 2007, ch. 323, § 36 made the […]
The Jonathan Spradling Revised Uniform Anatomical Gift 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 any of the notices described in Section […]
The Jonathan Spradling Revised Uniform Anatomical Gift Act applies to an anatomical gift or amendment to, revocation of or refusal to make an anatomical gift, whenever made. History: Laws 2007, ch. 323, § 3. ANNOTATIONS Effective dates. — Laws 2007, ch. 323, § 36 made the Jonathan Spradling Revised Uniform Anatomical Gift Act effective July […]
Subject to the provisions of Section 8 [24-6B-8 NMSA 1978] of the Jonathan Spradling Revised Uniform Anatomical Gift Act, 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 Section 5 [24-6B-5 NMSA […]
