Section 10. (a) An individual authorized to make an anatomical gift under section 9 may make an anatomical gift by a document of gift signed by the individual making the gift or by that individual’s oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the […]
Section 11. (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 subsection (b), an individual designated by the person making the anatomical […]
Section 12. (a) The following persons shall make a reasonable search of an individual whom the person reasonably believes to be 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 […]
Section 13. (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 […]
Section 14. (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 Massachusetts Donor Registry and any other donor registry that it knows exists for the geographical area in which the individual resides to ascertain whether the individual […]
Section 15. Each hospital shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.
Section 16. (a) Except as otherwise provided in subsection (b), a person who for valuable consideration, knowingly purchases or sells a part for transplantation or therapy if removal of such part from an individual is intended to occur after the individual’s death shall be punished by imprisonment in the state prison for not more than […]
Section 17. 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 to make a gift shall be punished by imprisonment in the state prison for not more than 5 years or […]
Section 18. (a) A person who acts in accordance with this chapter or with the applicable anatomical gift law of another state or who attempts in good faith to do so, shall not be liable for the act in a civil action, criminal prosecution or administrative proceeding. Following a donor’s designation in a donor registry, […]
Section 19. (a) A document of gift shall be valid if executed in accordance with: (1) this chapter; (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 residence or was […]
Section 20. (a) The registry of motor vehicles shall maintain the donor registry as set forth in section 8D of chapter 90 to identify individuals who have authorized an anatomical gift at the time of issuance of drivers’ licenses, identification cards or renewals. The registrar may contract with qualified entities to assist with the continued […]
Section 21. (a) The chief medical examiner and the district attorneys shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for transplantation, therapy, research or education. (b) The procurement organization authorized to remove an anatomical gift from a donor whose death is under investigation shall remove the donated part from the […]
Section 22. (a) The chief medical examiner shall release to the procurement organization such information as may be necessary to facilitate organ and tissue donation including, but not limited to, the name, contact information and available medical and social history of a decedent whose death has been reported pursuant to chapter 38. If the decedent’s […]
Section 23. An individual’s decision to make a donation of that individual’s own organ or tissue after death shall be complied with and shall not require the consent or concurrence of any other individual after the donor’s death. In the absence of a revocation or amendment, health care providers and procurement organizations shall act in […]
Section 24. In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that have the uniform act or a similar law.
Section 25. Whenever authorized by federal law and as required by this chapter, this chapter shall modify, limit and supersede the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., except 15 U.S.C. § 7001(a); provided, however, that nothing in this chapter shall authorize electronic delivery of any of the […]
Section 3. This chapter shall apply to an anatomical gift or amendment to, revocation of or refusal to make an anatomical gift, whenever made.
Section 4. Subject to section 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 section 5 by: (1) the donor, if the donor is an adult or if the donor is […]
Section 5. (a) A donor may make an anatomical gift: (1) 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; (2) by a will; (3) during a terminal illness or injury of the donor, by any form of […]
Section 6. (a) Subject to section 8, a donor or other individual authorized to make an anatomical gift under section 4 may amend or revoke an anatomical gift by: (1) a record signed by: (i) the donor; (ii) the other individual; or (iii) subject to subsection (b), another individual acting at the direction of the […]
