§327-7 - Refusal to make an anatomical gift and effect of refusal.
[§327-7] Refusal to make an anatomical giftand effect of refusal. (a) An individual may refuse to make an anatomicalgift of the individual's body or body part by:
(1) A record signed by:
(A) The individual; or
(B) Subject to subsection (b), anotherindividual acting at the direction of the individual if the individual isphysically unable to sign;
(2) The individual's will whether or not the will isadmitted to probate or invalidated after the individual's death; or
(3) Any form of communication made by the individualduring the individual's terminal illness or injury addressed to at least twoother individuals who are at least eighteen years of age, one of whom is adisinterested witness.
(b) A record signed pursuant to subsection(a)(1)(B) shall:
(1) Be witnessed by at least two other individualswho are at least eighteen years of age, one of whom is a disinterested witness,who have signed at the request of the individual; and
(2) State that it has been signed and witnessed asprovided in paragraph (1).
(c) An individual may amend or revoke arefusal:
(1) In the manner provided in subsection (a) formaking a refusal;
(2) By subsequently making an anatomical giftpursuant to section 327-5 that is inconsistent with the refusal; or
(3) By the destruction or cancellation of the recordevidencing the refusal, or the portion of the record used to make the refusal,with the intent to revoke the refusal.
(d) Except as otherwise provided in section327-8(h), in the absence of an express, contrary indication by the individualset forth in the refusal, an individual's unrevoked refusal to make ananatomical gift of the individual's body or a body part bars all other personsfrom making an anatomical gift of the individual's body or the body part. [L2008, c 122, pt of §1]