[§327-21]  Effect of anatomical gift onadvance health-care directive.  (a)  If a prospective donor has adeclaration or advance health-care directive, and the terms of the declarationor directive and the express or implied terms of a potential anatomical giftare in conflict with regard to the administration of measures necessary toensure the medical suitability of a body part for transplantation or therapy,the prospective donor's attending physician and prospective donor shall conferto resolve the conflict.  If the prospective donor is incapable of resolvingthe conflict, an agent acting under the prospective donor's declaration ordirective, or, if none or if the agent is not reasonably available, anotherperson authorized by law other than this chapter to make health-care decisionson behalf of the prospective donor, shall act for the donor to resolve theconflict.  The conflict shall be resolved as expeditiously as possible. Information relevant to the resolution of the conflict may be obtained from theappropriate procurement organization and any other person authorized to make ananatomical gift for the prospective donor under section 327-9.  Beforeresolution of the conflict, measures necessary to ensure the medicalsuitability of the body part may not be withheld or withdrawn from theprospective donor if withholding or withdrawing the measures is notcontraindicated by appropriate end-of-life care.

(b)  As used in this section:

"Advance health-care directive" meansa record signed or authorized by a prospective donor containing the prospectivedonor's direction concerning a health-care decision for the prospective donoror a power of attorney for health care.

"Declaration" means a record signedby a prospective donor specifying the circumstances under which a life supportsystem may be withheld or withdrawn.

"Health-care decision" means anydecision regarding the health care of the prospective donor. [L 2008, c 122, ptof §1]