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NEW HAMPSHIRE STATUTES AND CODES

Section 291-A:3 Making, Amending, Revoking, and Refusing to Make Anatomical Gifts by Individual.

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   I. Any individual of sound mind and 18 years of age or more may:      (a) Make an anatomical gift for any of the purposes stated in RSA 291-A:7, I;      (b) Limit an anatomical gift to one or more of the purposes stated in RSA 291-A:7, I;or      (c) Refuse to make an anatomical gift.   II. An anatomical gift shall be made only by a document of gift signed by the donor.If the donor cannot sign, the document of gift shall be signed by another individual and by 2 witnesses, all of whom have signed at the direction and in the presence of the donor and of each other, and shall state that it has been so signed.   III. If a document of gift is made by registering as an organ and tissue donor through the division of motor vehicles pursuant to RSA 263:41, revocation, suspension, expiration, or cancellation of the license does not invalidate the anatomical gift.   IV. A document of gift may designate a particular physician or surgeon to carry out the appropriate procedures.In the absence of a designation or if the designee is not available, the donee or other person authorized to accept the anatomical gift shall employ or authorize any physician, surgeon, or their designee, or eye procurement technician to carry out the appropriate procedures.   V. An anatomical gift by will takes effect upon the death of the testator, whether or not the will is probated.If, after the death of the testator, the will is declared invalid for testamentary purposes, the validity of the anatomical gift is unaffected.   VI. A donor may amend or revoke an anatomical gift, not made by will, only by:      (a) A signed statement.      (b) Any form of communication during a terminal illness or injury addressed to a physician or surgeon.      (c) The delivery of a signed statement to a specified donee to whom a document of gift had been delivered.   VII. The donor of an anatomical gift made by will may amend or revoke the gift in the manner provided for amendment or revocation of wills under RSA 551, or as provided in paragraph VI.   VIII. An anatomical gift that is not revoked by the donor before death is irrevocable and does not require the consent or concurrence of any person after the donor's death.In the absence of a revocation or amendment of any document of gift, health care providers licensed in this state and procurement organizations shall act in accordance with the donor's intention and may take appropriate actions to effect the anatomical gift.   IX. An individual may refuse to make an anatomical gift of the individual's body or part by:      (a) A writing signed in the same manner as a document of gift;      (b) A statement attached to or imprinted on a donor's motor vehicle driver's license;      (c) Any other writing used to identify the individual as refusing to make an anatomical gift;or      (d) An oral statement or other form of communication addressed to a physician or surgeon during a terminal illness or injury.   X. In the absence of contrary indications by the donor, an anatomical gift of a part is neither a refusal to give other parts nor a limitation on an anatomical gift under RSA 291-A:4 or on a removal or release of other parts under RSA 291-A:5.   XI. In the absence of contrary indications by the donor, a revocation or amendment of an anatomical gift is not a refusal to make another anatomical gift.If the donor intends a revocation to be a refusal to make an anatomical gift, the donor shall make the refusal pursuant to paragraph IX.Source.1997, 336:1, eff. Jan. 1, 1998.2006, 216:7, eff. July 31, 2006.
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  •    I. Any individual of sound mind and 18 years of age or more may:
          (a) Make an anatomical gift for any of the purposes stated in RSA 291-A:7, I;
          (b) Limit an anatomical gift to one or more of the purposes stated in RSA 291-A:7, I; or
          (c) Refuse to make an anatomical gift.
       II. An anatomical gift shall be made only by a document of gift signed by the donor. If the donor cannot sign, the document of gift shall be signed by another individual and by 2 witnesses, all of whom have signed at the direction and in the presence of the donor and of each other, and shall state that it has been so signed.
       III. If a document of gift is made by registering as an organ and tissue donor through the division of motor vehicles pursuant to RSA 263:41, revocation, suspension, expiration, or cancellation of the license does not invalidate the anatomical gift.
       IV. A document of gift may designate a particular physician or surgeon to carry out the appropriate procedures. In the absence of a designation or if the designee is not available, the donee or other person authorized to accept the anatomical gift shall employ or authorize any physician, surgeon, or their designee, or eye procurement technician to carry out the appropriate procedures.
       V. An anatomical gift by will takes effect upon the death of the testator, whether or not the will is probated. If, after the death of the testator, the will is declared invalid for testamentary purposes, the validity of the anatomical gift is unaffected.
       VI. A donor may amend or revoke an anatomical gift, not made by will, only by:
          (a) A signed statement.
          (b) Any form of communication during a terminal illness or injury addressed to a physician or surgeon.
          (c) The delivery of a signed statement to a specified donee to whom a document of gift had been delivered.
       VII. The donor of an anatomical gift made by will may amend or revoke the gift in the manner provided for amendment or revocation of wills under RSA 551, or as provided in paragraph VI.
       VIII. An anatomical gift that is not revoked by the donor before death is irrevocable and does not require the consent or concurrence of any person after the donor's death. In the absence of a revocation or amendment of any document of gift, health care providers licensed in this state and procurement organizations shall act in accordance with the donor's intention and may take appropriate actions to effect the anatomical gift.
       IX. An individual may refuse to make an anatomical gift of the individual's body or part by:
          (a) A writing signed in the same manner as a document of gift;
          (b) A statement attached to or imprinted on a donor's motor vehicle driver's license;
          (c) Any other writing used to identify the individual as refusing to make an anatomical gift; or
          (d) An oral statement or other form of communication addressed to a physician or surgeon during a terminal illness or injury.
       X. In the absence of contrary indications by the donor, an anatomical gift of a part is neither a refusal to give other parts nor a limitation on an anatomical gift under RSA 291-A:4 or on a removal or release of other parts under RSA 291-A:5.
       XI. In the absence of contrary indications by the donor, a revocation or amendment of an anatomical gift is not a refusal to make another anatomical gift. If the donor intends a revocation to be a refusal to make an anatomical gift, the donor shall make the refusal pursuant to paragraph IX.

    Source. 1997, 336:1, eff. Jan. 1, 1998. 2006, 216:7, eff. July 31, 2006.

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