[§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 organ procurement organization, or other
appropriate person for research or education;



(2)  A named individual designated by the person
making the anatomical gift if the individual is the recipient of the body part;
or, if the body part for any reason cannot be transplanted into the individual,
the body part shall pass in accordance with subsection (f) in the absence of an
express, contrary indication by the person making the anatomical gift; or



(3)  A named eye bank or tissue bank.



(b)  If an anatomical gift of one or more
specific body parts or of all body parts is made in a document of gift that
does not name a person described in subsection (a) but identifies the purpose
for which an anatomical gift may be used, the following rules shall apply:



(1)  If the body part is an eye and the gift is for
transplantation or therapy, the gift shall pass to the appropriate eye bank;



(2)  If the body part is tissue and the gift is for
transplantation or therapy, the gift shall pass to the appropriate tissue bank;



(3)  If the body part is an organ and the gift is for
transplantation or therapy, the gift shall pass to the appropriate organ
procurement organization as custodian of the organ; and



(4)  If the body part is an organ, an eye, or tissue
and the gift is for research or education, the gift shall pass to the
appropriate procurement organization.



(c)  For the purpose of subsection (h), if
there is more than one purpose of an anatomical gift set forth in the document
of gift but the purposes are not set forth in any priority, the gift shall be
used for transplantation or therapy if suitable for those purposes and, if the
gift cannot be used for transplantation or therapy, the gift may be used for
research or education.



(d)  If an anatomical gift of one or more specific
body parts is made in a document of gift that does not name a person described
in subsection (a) and does not identify the purpose of the gift, the decedent's
body parts may be used only for transplantation or therapy, and the gift shall
pass in accordance with subsection (f).



(e)  If a document of gift specifies only a
general intent to make an anatomical gift by words such as "donor",
"organ donor", or "body donor", or by a symbol or statement
of similar import, the decedent's body parts may be used only for
transplantation or therapy, and the gift shall pass in accordance with
subsection (f).



(f)  For purposes of subsections (a)(2), (c),
and (d), the following rules shall apply:



(1)  If the body part is an eye, the gift shall pass
to the appropriate eye bank;



(2)  If the body part is tissue, the gift shall pass
to the appropriate tissue bank; and



(3)  If the body part is an organ, the gift shall pass
to the appropriate organ procurement organization as custodian of the organ.



(g)  An anatomical gift of an organ for
transplantation or therapy, other than an anatomical gift under subsection
(a)(2), shall pass to the organ procurement organization as custodian of the
organ.



(h)  If an anatomical gift does not pass
pursuant to subsections (a) through (g), or the decedent's body or body part is
not used for transplantation, therapy, research, or education, custody of the
body or body part shall pass to the person under obligation to dispose of the
body or body part.



(i)  A person may not accept an anatomical gift
if the person knows that the gift was not effectively made under section 327-5
or 327-10 or if the person knows that the decedent made a refusal under section
327-7 that was not revoked.  For purposes of this subsection, if a person knows
that an anatomical gift was made on a document of gift, the person is deemed to
know of any amendment or revocation of the gift or any refusal to make an
anatomical gift on the same document of gift.



(j)  Except as otherwise provided in subsection
(a)(2), nothing in this part shall affect the allocation of organs for
transplantation or therapy. [L 2008, c 122, pt of §1]