[§327-11]  Persons that may receiveanatomical gift; purpose of anatomical gift.  (a)  An anatomical gift of abody 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 otherappropriate person for research or education;

(2)  A named individual designated by the personmaking 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 anexpress, 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 morespecific body parts or of all body parts is made in a document of gift thatdoes not name a person described in subsection (a) but identifies the purposefor which an anatomical gift may be used, the following rules shall apply:

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

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

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

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

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

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

(e)  If a document of gift specifies only ageneral intent to make an anatomical gift by words such as "donor","organ donor", or "body donor", or by a symbol or statementof similar import, the decedent's body parts may be used only fortransplantation or therapy, and the gift shall pass in accordance withsubsection (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 passto the appropriate eye bank;

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

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

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

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

(i)  A person may not accept an anatomical giftif the person knows that the gift was not effectively made under section 327-5or 327-10 or if the person knows that the decedent made a refusal under section327-7 that was not revoked.  For purposes of this subsection, if a person knowsthat an anatomical gift was made on a document of gift, the person is deemed toknow of any amendment or revocation of the gift or any refusal to make ananatomical 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 fortransplantation or therapy. [L 2008, c 122, pt of §1]