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Home » US Law » 2022 Georgia Code » Title 44 - Property » Chapter 5 - Acquisition and Loss of Property » Article 6 - Revised Uniform Anatomical Gifts

§ 44-5-140. Short Title

This article shall be known and may be cited as the “Georgia Revised Uniform Anatomical Gift Act.” History. Code 1981, § 44-5-140 , enacted by Ga. L. 2008, p. 503, § 1/SB 405. Administrative rules and regulations. Anatomical Gifts, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Human Resources, […]

§ 44-5-141. Definitions

As used in this article, the term: “Adult” means an individual who is at least 18 years of age. “Agent” means an individual: Authorized to make health care decisions on the principal’s behalf by an advance directive for health care or a durable power of attorney for health care; or Expressly authorized to make an […]

§ 44-5-142. Anatomical Gifts During Life of Donor

Subject to Code Section 44-5-146, 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 Code Section 44-5-143 by: The donor, if the donor is an adult or if the donor is a […]

§ 44-5-143. Method to Make an Anatomical Gift

A donor may make an anatomical gift: 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; In a will; During a terminal illness or injury of the donor, by any form of communication addressed to at least two […]

§ 44-5-144. Amending, or Revoking an Anatomical Gift

Subject to Code Section 44-5-146, a donor or other person authorized to make an anatomical gift under Code Section 44-5-142 may amend or revoke an anatomical gift by: A record signed by: The donor; The other person; or Subject to subsection (b) of this Code section, another individual acting at the direction of the donor […]

§ 44-5-145. Refusal to Make an Anatomical Gift

An individual may refuse to make an anatomical gift of the individual’s body or part by: A record signed by: The individual; or Subject to subsection (b) of this Code section, another individual acting at the direction of the individual if the individual is physically unable to sign; The individual’s will, whether or not the […]

§ 44-5-146. Role and Authority of People Other Than Donor

Except as otherwise provided in subsection (g) of this Code section and subject to subsection (f) of this Code section, 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 if the […]

§ 44-5-147. Classes of Persons Available to Make Donations; Priority

Subject to subsections (b) and (c) of this Code section and unless barred by Code Section 44-5-145 or 44-5-146, 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 […]

§ 44-5-148. Signed Writing or Oral Communication Required for Gift of Document

A person authorized to make an anatomical gift under Code Section 44-5-147 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 reduced to a record and signed by the individual receiving the oral communication. […]

§ 44-5-149. Recipients of Anatomical Gifts of Procurement Organizations

An anatomical gift may be made to the following persons named in the document of gift: A hospital; accredited medical school, dental school, college, or university; organ procurement organization; or other appropriate person, for research or education; Subject to subsection (b) of this Code section, an individual designated by the person making the anatomical gift […]

§ 44-5-150. Search and Notification for Information Identifying Donor Status

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 law enforcement officer, firefighter, paramedic, emergency medical technician, or other first […]

§ 44-5-151. Delivery of Document

A document of gift need not be delivered during the donor’s lifetime to be effective. 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 or refusal […]

§ 44-5-152. Rights and Duties of Procurement Organizations

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 any donor registry that it knows exists for the geographical area in which the individual resides to ascertain whether the individual has made an anatomical gift. The Department of Driver […]

§ 44-5-153. 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. Code 1981, § 44-5-153 , enacted by Ga. L. 2008, p. 503, § 1/SB 405.

§ 44-5-154. Limited Prohibition on Sale or Purchase of Body Parts

Except as otherwise provided in subsection (b) of this Code section, 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 subject to a fine not […]

§ 44-5-155. Penalties

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 $50,000.00 or imprisonment not exceeding five years, or both. […]

§ 44-5-156. Immunity

A person that acts in accordance with this article 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. Neither the person making an anatomical gift nor the donor’s estate is liable […]

§ 44-5-157. Requirements for Validity of Document of Gift; Governing Law

A document of gift is valid if executed in accordance with: This article; The laws of the state or country where it was executed; or The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document […]

§ 44-5-158. Donor Registry

The Department of Driver Services shall make available to procurement organizations or secure data centers maintained and managed at the direction of a procurement organization the name, license number, date of birth, gender, and most recent address of any person who obtains an organ donor’s license; provided, however, that the gender information shall only be […]

§ 44-5-159. Impact of Anatomical Gift on an Advance Directive for Health Care

If a prospective donor has an advance directive for health care in accordance with Chapter 32 of Title 31 or a declaration signed by a prospective donor, unless it expressly provides to the contrary, measures necessary to ensure the medical suitability of an organ for transplantation or therapy may not be withheld or withdrawn from […]