§327-38  Prohibitions; penalty.  (a)  Noperson shall give, offer, or promise any money or other things of value to anyother person in consideration of receiving a dead human body.

(b)  No person shall provide a dead human bodyto any other person in consideration of any money or other things of value, orany offer or promise of money or other things of value.

(c)  No person shall display a dead human bodyfor commercial purposes; provided that this subsection shall not apply to adisplay of a dead human body that:

(1)  Has been dead for more than eighty years;

(2)  Consists solely of human teeth or hair;

(3)  Is part of the ordinary display or viewing of thedeceased at a funeral establishment or part of a similar funeral or memorialservice;

(4)  Is an object of religious veneration;

(5)  Is an object of research or educational displayin the possession of any federal, state, or county agency, any public orprivate institution of higher learning accredited under federal or state law,or any private entity in receipt of a federal, state, or county grant forhealth-related research; or

(6)  Is in the possession of a museum facility.

(d)  No university, hospital, or institutionshall use a body received under this part for any purpose except medical educationand research.

(e)  Any person who violates this section shallbe fined not more than $5,000 or imprisoned not more than one year, or both.

(f)  As used in this section:

"Dead human body" means:

(1)  An individual who has sustained eitherirreversible cessation of circulatory and respiratory functions or irreversiblecessation of all functions of the entire brain, including the brain stem;provided that the determination of death be made in accordance with acceptedmedical standards; and

(2)  Includes plastinated human bodies or remains,including tissue, organs, and other body parts, that are preserved from decayby replacing the water and fats in the human remains with a polymer.

"Museum facility" means a public orprivate nonprofit institution that:

(1)  Is accredited by the American Association ofMuseums or is part of an accredited college or university;

(2)  Is organized on a permanent basis for essentiallyeducational or aesthetic purposes; and

(3)  Owns or uses tangible objects, cares for thoseobjects, and exhibits them to the general public on a regular basis. [L 1967, c240, pt of §1; HRS §327-38; am L 2009, c 118, §1]