§ §327-1 to 9 REPEALED. L 1988, c 267, §2. PART I. [OLD] UNIFORM ANATOMICAL GIFT ACT § §327-1 to 14 REPEALED. L 2008, c 122, §4. Note L 2008, c 9, §3 purports to amend repealed §327-1. [Part I.] REVISED UNIFORM ANATOMICAL GIFT ACT §327-1 Short title. This part may be cited as the […]
§327-10 Manner of making, amending, or revoking an anatomical gift of decedent’s body or body part. (a) A person authorized to make an anatomical gift under section 327-9 may make an anatomical gift by a document of gift signed by the person making the gift or that person’s oral communication that is electronically recorded or […]
§327-11 Persons that may receive anatomical gift; purpose of anatomical gift. (a) An anatomical gift of a body or body part may be made to the following persons: (1) A named hospital, accredited medical school, dental school, college, university, or procurement organization for research or education; (2) A named individual designated by the person making […]
§327-12 Search and notification. (a) The following persons shall make a reasonable search of an individual who the searcher 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, […]
§327-13 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 to the […]
§327-14 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 any donor registry and records of the state or county department of motor vehicles that it knows exist for the geographical area in […]
§327-15 Coordination of procurement and use. Each hospital in this State, after consultation with procurement organizations, shall establish agreements or affiliations for coordination of procurement and use of human bodies and body parts. [L 2008, c 122, pt of §1]
§327-16 Sale or purchase of body parts prohibited. (a) Except as otherwise provided in subsection (b), a person that knowingly, for valuable consideration, purchases or sells a body part for transplantation or therapy if removal of a body part from an individual is intended to occur after the individual’s death commits a class C felony […]
§327-17 Penalty. Any person that, 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 to make an anatomical gift commits a class C felony and upon conviction is subject to a fine not exceeding $50,000, imprisonment […]
§327-18 Immunity. (a) A person that acts in accordance with this part 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 the […]
§327-19 Law governing validity; choice of law as to execution of document of gift; presumption of validity. (a) A document of gift shall be valid if executed in accordance with: (1) This part; (2) The laws of the state or country where it was executed; or (3) The laws of the state or country where […]
§327-2 Definitions. As used in this part, unless the context otherwise requires: “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 anatomical gift on the principal’s behalf by any other record signed by the […]
§327-20 Donor registry. (a) The examiner of drivers shall adopt rules pursuant to chapter 91 to allow an organ procurement organization twenty-four-hour telephone access to the driver’s license database information, solely for determining whether a driver has indicated a willingness to be an organ donor pursuant to section 286-109.5. (b) The examiner of drivers shall […]
§327-21 Effect of anatomical gift on advance health-care directive. (a) If a prospective donor has a declaration or advance health-care directive, and the terms of the declaration or directive and the express or implied terms of a potential anatomical gift are in conflict with regard to the administration of measures necessary to ensure the medical […]
§327-22 Cooperation between medical examiner or coroner and procurement organization. (a) A medical examiner or coroner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for transplantation, therapy, research, or education. (b) If a medical examiner or coroner receives notice from a procurement organization that an anatomical gift might be available […]
§327-23 Facilitation of an anatomical gift from a decedent whose body is under the jurisdiction of the medical examiner or coroner. (a) Upon request of a procurement organization, a medical examiner or coroner shall release to the procurement organization the name, contact information, and available medical and social history of a decedent whose body is […]
§327-24 Hawaii organ and tissue education special fund. There is established in the state treasury the Hawaii organ and tissue education special fund. Moneys collected under section 286-109.7 shall be deposited into the fund. The fund shall be administered and distributed by the department of health and shall be used exclusively for public education programs […]
§327-25 Uniformity of application and construction. In applying and construing this uniform 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. [L 2008, c 122, pt of §1]
§327-26 Relation to Electronic Signatures in Global and National Commerce Act. This part modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 United States Code section 7001 et. seq., but shall not modify, limit, or supersede section 101(a) of that Act, 15 United States Code section 7001, or authorize electronic […]
§327-3 Applicability. This part applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made. [L 2008, c 122, pt of §1]
