State Codes and Statutes
Statutes > Nebraska > Chapter71 > 71-483471-4834. Persons that may receive anatomicalgift; purpose of anatomical gift.(a) An anatomical gift may be made to the following personsnamed in the document of gift:(1) A hospital;the State Anatomical Board; an accredited medical school, dental school, college,or university; an organ procurement organization; or any other appropriateperson, for research or education;(2) Subject to subsection (b) of this section,an individual designated by the person making the anatomical gift if the individualis the recipient of the part; or(3) An eye bank or tissue bank.(b) If ananatomical gift to an individual under subdivision (a)(2) of this sectioncannot be transplanted into the individual, the part passes in accordancewith subsection (g) of this section in the absence of an express, contraryindication by the person making the anatomical gift.(c) If an anatomicalgift of one or more specific parts or of all parts is made in a document ofgift that does not name a person described in subsection (a) of this sectionbut identifies the purpose for which an anatomical gift may be used, the followingrules apply:(1) If the part is an eye and the gift is for the purpose of transplantationor therapy, the gift passes to the appropriate eye bank;(2) If thepart is tissue and the gift is for the purpose of transplantation or therapy,the gift passes to the appropriate tissue bank;(3) If the part is anorgan and the gift is for the purpose of transplantation or therapy, the giftpasses to the appropriate organ procurement organization as custodian of theorgan;(4) If the part is an organ, an eye, or tissue and the gift isfor the purpose of research or education, the gift passes to the appropriateprocurement organization; and(5) If the gift is any part other than an organ, aneye, or tissue, or the gift is all parts, and the gift is for the purposeof research or education, the gift passes to the State Anatomical Board.(d) For thepurpose of subsection (c) of this section, if there is more than one purposeof an anatomical gift set forth in the document of gift but the purposes arenot set forth in any priority, the gift must be used for transplantation ortherapy, if suitable. If the gift cannot be used for transplantation or therapy,the gift may be used for research or education.(e) If an anatomicalgift of one or more specific parts is made in a document of gift that doesnot name a person described in subsection (a) of this section and does notidentify the purpose of the gift, the gift may be used only for transplantationor therapy, and the gift passes in accordance with subsection (g) of thissection.(f) If a document of gift specifies only a general intent to makean anatomical gift by words such as donor, organ donor, or body donor, orby a symbol or statement of similar import, the gift may be used only fortransplantation or therapy, and the gift passes in accordance with subsection(g) of this section.(g) For purposes of subsections (b), (e),and (f) of this section the following rules apply:(1) If the partis an eye, the gift passes to the appropriate eye bank;(2)If the part is tissue, the gift passes to the appropriate tissue bank; and(3)If the part is an organ, the gift passes to the appropriate organ procurementorganization as custodian of the organ.(h) An anatomical gift of an organ fortransplantation or therapy, other than an anatomical gift under subdivision(a)(2) of this section, passes to the organ procurement organization as custodianof the organ.(i) If an anatomical gift does not pass pursuant to subsections(a) through (h) of this section or the decedent's body or part is not usedfor transplantation, therapy, research, or education, custody of the bodyor part passes to the person under obligation to dispose of the body or part.(j)A person may not accept an anatomical gift if the person knows that the giftwas not effectively made under section 71-4828 or 71-4833 or if the personknows that the decedent made a refusal under section 71-4830 that was notrevoked. For purposes of this subsection, if a person knows that an anatomicalgift was made on a document of gift, the person is deemed to know of any amendmentor revocation of the gift or any refusal to make an anatomical gift on thesame document of gift.(k) Except as otherwise provided in subdivision(a)(2) of this section, nothing in the Revised Uniform Anatomical Gift Actaffects the allocation of organs for transplantation or therapy. SourceLaws 2010, LB1036, § 11.Operative Date: January 1, 2011
