CHAPTER 16.1. REVISED UNIFORM ANATOMICAL GIFT ACT
IC 29-2-16.1
Chapter 16.1. Revised Uniform Anatomical Gift Act
IC 29-2-16.1-1
Definitions
Sec. 1. The following definitions apply throughout this chapter:
(1) "Adult" means an individual at least eighteen (18) years ofage.
(2) "Agent" means an individual who is:
(A) authorized to make health care decisions on behalf ofanother person by a health care power of attorney; or
(B) expressly authorized to make an anatomical gift onbehalf of another person by a document signed by theperson.
(3) "Anatomical gift" means a donation of all or part of a humanbody to take effect after the donor's death for the purpose oftransplantation, therapy, research, or education.
(4) "Bank" or "storage facility" means a facility licensed,accredited, or approved under the laws of any state for storageof human bodies or parts of human bodies.
(5) "Decedent":
(A) means a deceased individual whose body or body part isor may be the source of an anatomical gift; and
(B) includes:
(i) a stillborn infant; and
(ii) except as restricted by any other law, a fetus.
(6) "Disinterested witness" means an individual other than aspouse, child, sibling, grandchild, grandparent, or guardian ofthe individual who makes, amends, revokes, or refuses to makean anatomical gift or another adult who exhibited special careand concern for the individual. This term does not include aperson to whom an anatomical gift could pass under section 10of this chapter.
(7) "Document of gift" means a donor card or other record usedto make an anatomical gift, including a statement or symbol ona driver's license, identification, or donor registry.
(8) "Donor" means an individual whose body or body part is thesubject of an anatomical gift.
(9) "Donor registry" means:
(A) a data base maintained by:
(i) the bureau of motor vehicles under IC 9-24-17-9; or
(ii) the equivalent agency in another state;
(B) the Donate Life Indiana Registry maintained by theIndiana Donation Alliance Foundation; or
(C) a donor registry maintained in another state;
that contains records of anatomical gifts and amendments to orrevocations of anatomical gifts.
(10) "Driver's license" means a license or permit issued by thebureau of motor vehicles to operate a vehicle.
(11) "Eye bank" means a person that is licensed, accredited, or
regulated under federal or state law to engage in the recovery,screening, testing, processing, storage, or distribution of humaneyes or portions of human eyes.
(12) "Guardian" means an individual appointed by a court tomake decisions regarding the support, care, education, health,or welfare of an individual. The term does not include aguardian ad litem.
(13) "Hospital" means a facility licensed as a hospital under thelaws of any state or a facility operated as a hospital by theUnited States, a state, or a subdivision of a state.
(14) "Identification card" means an identification card issued bythe bureau of motor vehicles.
(15) "Minor" means an individual under eighteen (18) years ofage.
(16) "Organ procurement organization" means a persondesignated by the Secretary of the United States Department ofHealth and Human Services as an organ procurementorganization.
(17) "Parent" means an individual whose parental rights havenot been terminated.
(18) "Part" means an organ, an eye, or tissue of a human being.The term does not mean a whole body.
(19) "Pathologist" means a physician:
(A) certified by the American Board of Pathology; or
(B) holding an unlimited license to practice medicine inIndiana and acting under the direction of a physiciancertified by the American Board of Pathology.
(20) "Person" means an individual, corporation, business trust,estate, trust, partnership, limited liability company, association,joint venture, public corporation, government or governmentalsubdivision, agency, instrumentality, or any other legal orcommercial entity.
(21) "Physician" or "surgeon" means an individual authorizedto practice medicine or osteopathy under the laws of any state.
(22) "Procurement organization" means an eye bank, organprocurement organization, or tissue bank.
(23) "Prospective donor" means an individual who is dead ornear death and has been determined by a procurementorganization to have a part that could be medically suitable fortransplantation, therapy, research, or education. The term doesnot include an individual who has made an appropriate refusal.
(24) "Reasonably available" means:
(A) able to be contacted by a procurement organizationwithout undue effort; and
(B) willing and able to act in a timely manner consistentwith existing medical criteria necessary for the making of ananatomical gift.
(25) "Recipient" means an individual into whose body adecedent's part has been or is intended to be transplanted.
(26) "Record" means information that is inscribed on a tangible
medium or that is stored in an electronic or other medium andis retrievable in perceivable form.
(27) "Refusal" means a record created under section 6 of thischapter that expressly states the intent to bar another personfrom making an anatomical gift of an individual's body or part.
(28) "Sign" means, with the present intent to authenticate oradopt a record:
(A) to execute or adopt a tangible symbol; or
(B) to attach to or logically associate with the record anelectronic symbol, sound, or process.
(29) "State" means a state of the United States, the District ofColumbia, Puerto Rico, the United States Virgin Islands, or anyterritory or insular possession subject to the jurisdiction of theUnited States.
(30) "Technician" means an individual determined to bequalified to remove or process parts by an appropriateorganization that is licensed, accredited, or regulated underfederal or state law. The term includes an eye enucleator.
(31) "Tissue" means a part of the human body other than anorgan or an eye. The term does not include blood or otherbodily fluids unless the blood or bodily fluids are donated forthe purpose of research or education.
(32) "Tissue bank" means a person that is licensed, accredited,or regulated under federal or state law to engage in therecovery, screening, testing, processing, storage, or distributionof tissue.
(33) "Transplant hospital" means a hospital that furnishes organtransplants and other medical and surgical specialty servicesrequired for the care of organ transplant patients.
As added by P.L.147-2007, SEC.12.
IC 29-2-16.1-2
Chapter application
Sec. 2. This chapter applies to:
(1) an anatomical gift;
(2) an amendment to an anatomical gift;
(3) a revocation of an anatomical gift; or
(4) a refusal to make an anatomical gift.
As added by P.L.147-2007, SEC.12.
IC 29-2-16.1-3
Persons who may make anatomical gifts during the lifetime of adonor
Sec. 3. Subject to section 7 of this chapter, an anatomical gift ofa donor's body or part may be made during the life of the donor forthe purpose of transplantation, therapy, research, or education in themanner provided in section 4 of this chapter by:
(1) the donor, if the donor is an adult or if the donor is a minorand is:
(A) emancipated; or (B) authorized under state law to apply for a driver's licensebecause the donor is at least sixteen (16) years of age;
(2) an agent of the donor, unless the health care power ofattorney or other record prohibits the agent from making ananatomical gift;
(3) a parent of the donor, if the donor is not emancipated; or
(4) the donor's guardian.
As added by P.L.147-2007, SEC.12.
IC 29-2-16.1-4
Methods of making anatomical gifts
Sec. 4. (a) A donor may make an anatomical gift:
(1) by authorizing a statement or symbol indicating that thedonor has made an anatomical gift to be imprinted on thedonor's driver's license or identification card;
(2) in a will;
(3) during a terminal illness or injury of the donor, by any formof communication directed to at least two (2) adults, at least one(1) of whom is a disinterested witness; or
(4) as provided in subsection (b).
(b) A donor or other person authorized to make an anatomical giftunder section 3 of this chapter may make a gift by:
(1) a donor card or other record signed by the donor or otherperson making the gift; or
(2) authorizing that a statement or symbol indicating that thedonor has made an anatomical gift be included on a donorregistry.
(c) If the donor or other person is physically unable to sign arecord, the record may be signed by another individual at thedirection of the donor or other person and must:
(1) be witnessed by at least two (2) adults, at least one (1) ofwhom is a disinterested witness, who have signed at the requestof the donor or the other person; and
(2) state that it has been signed and witnessed as provided insubdivision (1).
(d) Revocation, suspension, expiration, or cancellation of:
(1) a driver's license; or
(2) an identification card;
that indicates an anatomical gift does not invalidate the gift.
(e) An anatomical gift made by will takes effect upon the donor'sdeath whether or not the will is probated. Invalidation of the willafter the donor's death does not invalidate the gift.
As added by P.L.147-2007, SEC.12.
IC 29-2-16.1-5
Amendment or revocation of anatomical gifts
Sec. 5. (a) Subject to section 7 of this chapter, a donor or otherperson authorized to make an anatomical gift under section 3 of thischapter may amend or revoke an anatomical gift by:
(1) a record signed by: (A) the donor;
(B) the other person; or
(C) subject to subsection (b), another individual acting at thedirection of the donor or the other person authorized to makean anatomical gift if the donor or other person is physicallyunable to sign; or
(2) a later executed document of gift that amends or revokes aprevious anatomical gift or portion of an anatomical gift, eitherexpressly or by inconsistency.
(b) A record signed under subsection (a)(1)(C) must:
(1) be witnessed by two (2) adults, at least one (1) of whom isa disinterested witness, who are witnesses at the request of thedonor or the other person authorized to make an anatomical gift;and
(2) state that the record has been signed and witnessed asdescribed in subdivision (1).
(c) Subject to section 7 of this chapter, a donor or other personauthorized to make an anatomical gift under section 3 of this chaptermay revoke an anatomical gift by the destruction or cancellation ofthe:
(1) document of gift; or
(2) portion of the document of gift used to make the gift;
with the intent to revoke the gift.
(d) A donor may amend or revoke an anatomical gift that was notmade in a will by any form of communication during a terminalillness or injury addressed to at least two (2) adults, at least one (1)of whom is a disinterested witness.
(e) A donor who makes an anatomical gift in a will may amend orrevoke the gift as described in subsection (a).
As added by P.L.147-2007, SEC.12.
IC 29-2-16.1-6
Refusal of anatomical gifts
Sec. 6. (a) An individual may refuse to make an anatomical gift ofthe individual's body or part by:
(1) a record signed by:
(A) the individual; or
(B) subject to subsection (b), another individual acting at thedirection of the individual if the individual is physicallyunable to sign;
(2) the individual's will, including if the will is admitted toprobate or invalidated after the individual's death; or
(3) any form of communication made by the individual duringthe individual's terminal illness or injury to at least two (2)adults, and one (1) of the adults must be a disinterested witness.
(b) A record signed under subsection (a)(1)(B) must:
(1) be witnessed by two (2) adults, at least one (1) of whom isa disinterested witness, who are witnesses at the request of thedonor or the other person acting at the direction of the donor;and (2) state that the record has been signed and witnessed asdescribed in subdivision (1).
(c) An individual who has made a refusal may amend or revokethe refusal:
(1) in the manner described in subsection (a);
(2) by subsequently making an anatomical gift under section 4of this chapter that is inconsistent with the refusal; or
(3) by destroying or cancelling the record evidencing therefusal, or the portion of the record used to make the refusal,with the intent to revoke the refusal.
(d) Except as provided in section 7(h) of this chapter, in theabsence of an express, contrary indication by the individual set forthin the refusal, an individual's unrevoked refusal to make ananatomical gift of the individual's body or part bars another personfrom making an anatomical gift of the individual's body or part.
As added by P.L.147-2007, SEC.12.
IC 29-2-16.1-7
Persons prohibited from making, amending, or revoking ananatomical gift; donor revocation of an anatomical gift;unemancipated minors
Sec. 7. (a) Except as otherwise provided in subsection (g) andsubject to subsection (f), in the absence of an express, contraryindication by the donor, a person other than the donor is barred frommaking, amending, or revoking an anatomical gift of a donor's bodyor part if the donor made an anatomical gift of the donor's body orpart under section 4 of this chapter or an amendment to ananatomical gift of the donor's body or part under section 5 of thischapter.
(b) A donor's revocation of an anatomical gift of the donor's bodyor part under section 5 of this chapter is not a refusal and does notbar the person specified in section 3 or 8 of this chapter from makingan anatomical gift of the donor's body or part under section 4 or 9 ofthis chapter.
(c) If a person other than the donor makes an unrevokedanatomical gift of the donor's body or part under section 4 of thischapter or an amendment to an anatomical gift of the donor's body orpart under section 5 of this chapter, another person may not make,amend, or revoke the gift of the donor's body or part under section 9of this chapter.
(d) A revocation of an anatomical gift of a donor's body or partunder section 5 of this chapter by a person other than the donor doesnot bar another person from making an anatomical gift of the bodyor part under section 4 or 9 of this chapter.
(e) In the absence of an express, contrary indication by the donoror other person authorized to make an anatomical gift under section3 of this chapter, an anatomical gift of a part is neither a refusal togive another part nor a limitation on the making of an anatomical giftof another part at a later time by the donor or another person.
(f) In the absence of an express, contrary indication by the donor
or other person authorized to make an anatomical gift under section3 of this chapter, an anatomical gift of a part for one (1) or more ofthe purposes set forth in section 3 of this chapter is not a limitationon the making of an anatomical gift of the part for any of the otherpurposes of the donor or any other person under section 4 or 9 of thischapter.
(g) If a donor who is an unemancipated minor dies, a parent of thedonor who is reasonably available may revoke or amend ananatomical gift of the donor's body or part.
(h) If an unemancipated minor who signed a refusal dies, a parentof the minor who is reasonably available may revoke the minor'srefusal.
As added by P.L.147-2007, SEC.12. Amended by P.L.3-2008,SEC.226.
IC 29-2-16.1-8
Priority of persons authorized to make an anatomical gift of adecedent's body or part
Sec. 8. (a) Subject to subsections (b) and (c), unless barred bysection 6 or 7 of this chapter, an anatomical gift of a decedent's bodyor part for the purpose of transplantation, therapy, research, oreducation may be made by any member of the following classes ofpersons who are reasonably available, in the order of priority listed:
(1) An agent of the decedent at the time of death who couldhave made an anatomical gift under section 3(2) of this chapterimmediately before the decedent's death.
(2) The spouse of the decedent.
(3) Adult children of the decedent.
(4) Parents of the decedent.
(5) Adult siblings of the decedent.
(6) Adult grandchildren of the decedent.
(7) Grandparents of the decedent.
(8) An adult who exhibited special care and concern for thedecedent.
(9) A person acting as the guardian of the decedent at the timeof death.
(10) Any other person having the authority to dispose of thedecedent's body.
(b) If there is more than one (1) member of a class listed insubsection (a)(1), (a)(3), (a)(4), (a)(5), (a)(6), (a)(7), or (a)(9) entitledto make an anatomical gift, an anatomical gift may be made by amember of the class unless that member or a person to whom the giftmay pass under section 10 of this chapter knows of an objection byanother member of the class. If an objection is known, the gift maybe made only by a majority of the members of the class who arereasonably available.
(c) A person may not make an anatomical gift if, at the time of thedecedent's death, a person in a prior class under subsection (a) isreasonably available to make or to object to the making of ananatomical gift.As added by P.L.147-2007, SEC.12.
IC 29-2-16.1-9
Anatomical gift documents; amendments; revocations
Sec. 9. (a) A person authorized to make an anatomical gift undersection 8 of this chapter may make an anatomical gift by a documentor may make an anatomical gift by a document of gift signed by theperson making the gift or by that person's oral communication that iselectronically recorded or is contemporaneously reduced to a recordand signed by the individual receiving the oral communication.
(b) Subject to subsection (c), an anatomical gift by a personauthorized under section 8 of this chapter may be amended orrevoked orally or in a record by any member of a prior class who isreasonably available. If more than one (1) member of the prior classis reasonably available, the gift made by a person authorized undersection 8 of this chapter may be:
(1) amended only if a majority of the reasonably availablemembers agree to the amending of the gift; or
(2) revoked only if a majority of the reasonably availablemembers agree to the revoking of the gift or if they are equallydivided as to whether to revoke the gift.
(c) A revocation under subsection (b) is effective only if, beforean incision has been made to remove a part from the donor's body orbefore invasive procedures have begun to prepare the recipient, theprocurement organization, transplant hospital, or physician ortechnician knows of the revocation.
As added by P.L.147-2007, SEC.12.
IC 29-2-16.1-10
Anatomical gift recipients; unnamed recipients; anatomical giftuses; rules; delivery of anatomical gift documents; amendment;revocation
Sec. 10. (a) An anatomical gift may be made to the followingpersons named in the document of gift:
(1) A hospital.
(2) An accredited medical school, dental school, college, oruniversity.
(3) An organ procurement organization.
(4) An appropriate person for research or education.
(5) Subject to subsection (b), an individual designated by theperson making the anatomical gift if the individual is therecipient of the part.
(6) An eye bank.
(7) A tissue bank.
(b) If an anatomical gift to an individual under subsection (a)(5)cannot be transplanted into the individual, the part passes inaccordance with subsection (g) in the absence of an express, contraryindication by the person making the anatomical gift.
(c) If an anatomical gift of one (1) or more specific parts or of allparts is made in a document of gift that does not name a person
described in subsection (a) but identifies the purpose for which ananatomical gift may be used, the following rules apply:
(1) If the part is an eye and the gift is for the purpose of:
(A) transplantation;
(B) therapy;
(C) education; or
(D) research;
the gift passes to the appropriate eye bank that has an agreementto recover donated eyes from patients who die within thehospital. The eye bank is considered to be the custodian of thedonated eye.
(2) If the part is tissue and the gift is for the purpose of:
(A) transplantation; or
(B) therapy;
the gift passes to the appropriate tissue bank that has anagreement to recover donated tissue from patients that diewithin the hospital. The tissue bank is considered to be thecustodian of the donated tissue.
(3) If the part is an organ and the gift is for the purpose of:
(A) transplantation; or
(B) therapy;
the gift passes to the appropriate organ procurementorganization that has an agreement to recover donated organsfrom patients who die within the hospital. The procurementorganization is considered to be the custodian of the donatedorgans.
(4) If the part is an organ, an eye, or tissue from a patient whodies within a hospital and the gift is for the purpose of researchor education, the gift passes to the appropriate procurementorganization that has an agreement to recover donated organs,tissue, or eyes from patients who die within the hospital.
(d) For the purpose of subsection (c), if there is more than one (1)purpose of an anatomical gift set forth in the document of gift but thepurposes are not set forth in any priority, the gift must be used fortransplantation or therapy, if suitable. If the gift cannot be used fortransplantation or therapy, the gift may be used for research oreducation.
(e) If an anatomical gift of one (1) or more specific parts is madein a document of gift that does not name a person described insubsection (a) and does not identify the purpose of the gift, the giftmay be used only for transplantation, research, or therapy, and thegift passes in accordance with subsection (g).
(f) If a document of gift specifies only a general intent to make ananatomical gift by words such as "donor", "organ donor", or "bodydonor", or by a symbol or statement of similar import, the gift maybe used only for transplantation, research, or therapy, and the giftpasses in accordance with subsection (g).
(g) For purposes of subsections (b), (e), and (f), the followingrules apply:
(1) If the part is an eye, the gift passes to the appropriate eye
bank.
(2) If the part is tissue, the gift passes to the appropriate tissuebank.
(3) If the part is an organ, the gift passes to the appropriateorgan procurement organization as custodian of the organ.
(h) An anatomical gift of an organ for transplantation, therapy, orresearch, other than an anatomical gift under subsection (a)(2),passes to the organ procurement organization as custodian of theorgan.
(i) If an anatomical gift does not pass pursuant to subsections (a)through (h) or the decedent's body or part is not used fortransplantation, therapy, research, or education, custody of the bodyor part passes to the person under obligation to dispose of the bodyor part.
(j) A person may not accept an anatomical gift if the personknows that the:
(1) gift was not effectively made under section 4 or 9 of thischapter; or
(2) decedent made a refusal under section 6 of this chapter thatwas not revoked.
(k) For purposes of subsection (j), if a person knows that ananatomical gift was made on a document of gift, the person isconsidered to know of any amendment or revocation of the gift orany refusal to make an anatomical gift on the same document of gift.
(l) If the gift is made by the donor to a specified donee, the will,card, or other document, or an executed copy thereof, may bedelivered to the donee to expedite the appropriate proceduresimmediately after death. Delivery is not necessary to the validity ofthe gift. The will, card, or other document, or an executed copythereof, may be deposited in any hospital, bank or storage facility, orregistry office that accepts it for safekeeping or for facilitation ofprocedures after death. On request of any interested party upon orafter the donor's death, the person in possession shall produce thedocument for examination.
(m) If the will, card, or other document, or executed copy thereof,has been delivered to a specified donee, the donor may amend orrevoke the gift by:
(1) the execution and delivery to the donee of a signedstatement;
(2) an oral statement made in the presence of two (2) personsand communicated to the donee;
(3) a statement during a terminal illness or injury addressed toan attending physician and communicated to the donee; or
(4) a signed card or document found on the decedent's person orin the decedent's effects.
(n) Any document of gift which has not been delivered to thedonee may be revoked by the donor in the manner set out insubsection (m) or by destruction, cancellation, or mutilation of thedocument and all executed copies thereof.
(o) Any gift made by a will may also be amended or revoked in
the manner provided for amendment or revocation of wills, or asprovided in subsection (m).
(p) Except as otherwise provided in subsection (a)(2), this chapterdoes not affect the allocation of organs for transplantation or therapy.
As added by P.L.147-2007, SEC.12.
IC 29-2-16.1-11
Searches for documents of gift or refusal
Sec. 11. (a) The following persons shall make a reasonable searchof an individual who the person reasonably believes is dead or neardeath in a hospital for a document of gift or other informationidentifying the individual as a donor or as an individual who made arefusal:
(1) An organ procurement organization.
(2) A tissue bank.
(3) An eye bank.
(4) If no other source of the information is immediatelyavailable, a hospital, as soon as practical after the individual'sarrival at the hospital.
(b) If a document of gift or a refusal to make an anatomical gift islocated by the search required by subsection (a) and the individual ordeceased individual to whom it relates is taken to a hospital, theperson responsible for conducting the search shall send the documentof gift or refusal to the hospital.
(c) A person is not subject to civil liability for failing to dischargethe duties imposed by this section but may be subject to criminalliability or administrative sanctions.
As added by P.L.147-2007, SEC.12.
IC 29-2-16.1-12
Petitions to determine anatomical gift or revocation of anatomicalgift
Sec. 12. (a) The individual's attending physician, or, if none, the:
(1) physician that certifies the individual's death;
(2) hospital where the individual is admitted;
(3) hospital where the individual's remains are being kept; or
(4) individual identified in section 8(a) of this chapter;
may petition a court with probate jurisdiction in the county where theremains of the individual who is the subject of the petition arelocated, or the county in which the individual died, for theinformation referred to in subsection (b).
(b) A person identified in subsection (a) may petition the courtwith probate jurisdiction specified in subsection (a) to determinewhether the individual:
(1) made a written anatomical gift under section 4 of thischapter or IC 9-24-17; or
(2) made a written revocation of an anatomical gift undersection 5 of this chapter or under IC 9-24-17.
(c) If the court with probate jurisdiction determines undersubsection (b) that the individual made a written anatomical gift that
was not subsequently revoked in writing by the individual, the courtshall order that the anatomical gift of an organ, tissue, or an eye berecovered.
(d) The court with probate jurisdiction may modify or waivenotice and a hearing if the court determines that a delay would havea serious adverse effect on:
(1) the medical viability of the individual; or
(2) the viability of the individual's anatomical gift of an organ,tissue, or an eye.
As added by P.L.147-2007, SEC.12.
IC 29-2-16.1-13
Organ or tissue donor queries for hospital patients
Sec. 13. (a) As used in this section:
(1) "Administrator" means a hospital administrator or a hospitaladministrator's designee.
(2) "Gift" means a gift of all or any part of the human bodymade under this chapter.
(3) "Representative" means a person who is:
(A) authorized under section 8 of this chapter to make a gifton behalf of a decedent; and
(B) available at the time of the decedent's death whenmembers of a prior class under section 8 of this chapter areunavailable.
(b) An administrator of each hospital or the administrator'sdesignee may ask each patient who is at least eighteen (18) years ofage if the patient is an organ or a tissue donor or if the patient desiresto become an organ or a tissue donor.
(c) The governing board of each hospital shall adopt proceduresto determine under what circumstances an administrator or anadministrator's designee may ask a patient if the patient is an organor a tissue donor or if the patient desires to become an organ or atissue donor.
(d) The administrator shall inform the representative of theprocedures available under this chapter for making a gift whenever:
(1) an individual dies in a hospital;
(2) the hospital has not been notified that a gift has beenauthorized under section 4 of this chapter; and
(3) a procurement organization determines that the individual'sbody may be suitable of yielding a gift.
(e) If:
(1) an individual makes an anatomical gift on the individual'sdriver's license or identification card under IC 9-24-17; and
(2) the individual dies in a hospital;
the person in possession of the individual's driver's license oridentification card shall immediately produce the driver's license oridentification card for examination upon request, as provided insection 10(l) of this chapter.
(f) A gift made in response to information provided under thissection must be signed by the donor or made by the donor's
telegraphic, recorded telephonic, or other recorded message.
(g) When a representative is informed under this section about theprocedures available for making a gift, the fact that the representativewas so informed must be noted in the decedent's medical record.
(h) A person who fails to discharge the duties imposed by thissection is not subject to civil liability but may be subject to criminalliability or administrative sanctions.
As added by P.L.147-2007, SEC.12. Amended by P.L.1-2010,SEC.114.
IC 29-2-16.1-14
Documents of gift
Sec. 14. (a) A document of gift need not be delivered during thedonor's lifetime to be effective.
(b) Upon or after an individual's death, a person in possession ofa document of gift or a refusal to make an anatomical gift withrespect to the individual shall allow examination and copying of thedocument of gift or refusal by a person authorized to make or objectto the making of an anatomical gift with respect to the individual orby a person to which the gift could pass under section 10 of thischapter.
As added by P.L.147-2007, SEC.12.
IC 29-2-16.1-15
Hospital referrals to procurement organizations; record searches;examination of medical suitability; rights of person to whom a partpasses
Sec. 15. (a) When a hospital refers an individual at or near deathto a procurement organization, the organization shall make areasonable search of the records of:
(1) the bureau of motor vehicles;
(2) the equivalent agency to the bureau of motor vehicles inanother state;
(3) the Indiana donor registry; and
(4) any other registry that the organization knows exists for thegeographical area in which the individual resides to ascertainwhether the individual has made an anatomical gift.
(b) A procurement organization must be allowed reasonableaccess to information in the records of the bureau of motor vehiclesto ascertain whether an individual at or near death is a donor.
(c) When a hospital refers an individual at or near death to aprocurement organization, the organization may conduct anyreasonable examination necessary to ensure the medical suitabilityof a part that is or could be the subject of an anatomical gift fortransplantation, therapy, research, or education from a donor or aprospective donor. During the examination period, measuresnecessary to ensure the medical suitability of the part may not bewithdrawn unless the hospital or procurement organization knowsthat the individual expressed a contrary intent.
(d) Unless prohibited by law other than this chapter, at any time
after a donor's death, the person to whom a part passes under section10 of this chapter may conduct any reasonable examinationnecessary to ensure the medical suitability of the body or part for itsintended purpose.
(e) Unless prohibited by law other than this chapter, anexamination under subsection (c) or (d) may include an examinationof all medical and dental records of the donor or prospective donor.
(f) Upon the death of a minor who was a donor or had signed arefusal, unless a procurement organization knows the minor isemancipated, the procurement organization shall conduct areasonable search for the parents of the minor and provide theparents with an opportunity to revoke or amend the anatomical giftor revoke the refusal.
(g) Upon referral by a hospital under subsection (a), aprocurement organization shall make a reasonable search for anyperson listed in section 8 of this chapter having priority to make ananatomical gift on behalf of a prospective donor. If a procurementorganization receives information that an anatomical gift to any otherperson was made, amended, or revoked, it shall promptly advise theother person of all relevant information.
(h) Subject to section 10(i) of this chapter, IC 36-2-14-21, andIC 36-2-14-22.6, the rights of the person to whom a part passes undersection 10 of this chapter are superior to the rights of all others withrespect to the part, including a part from a person whose death withina hospital is under investigation by a coroner. The person may acceptor reject an anatomical gift in whole or in part. Subject to the termsof the document of gift and this chapter, a person who accepts ananatomical gift of an entire body may allow embalming, burial orcremation, and use of remains in a funeral service. If the gift is of apart, the person to which the part passes under section 10 of thischapter, upon the death of the donor and before embalming, burial,or cremation, shall cause the part to be removed without unnecessarymutilation.
(i) Neither the physician who attends the decedent at death nor thephysician who determines the time of the decedent's death mayparticipate in the procedures for removing or transplanting a partfrom the decedent.
(j) A physician or technician may remove a donated part from thebody of a donor that the physician or technician is qualified toremove.
As added by P.L.147-2007, SEC.12.
IC 29-2-16.1-16
Hospital agreements with procurement organizations
Sec. 16. Each hospital in Indiana shall enter into agreements oraffiliations with procurement organizations for coordination ofprocurement and use of anatomical gifts.
As added by P.L.147-2007, SEC.12.
IC 29-2-16.1-17 Liability; immunity
Sec. 17. (a) A person who acts in accordance with this chapter isnot liable for the act in a civil action or administrative proceeding.
(b) Neither the person making an anatomical gift nor the donor'sestate is liable for any injury or damage that results from the makingor use of the gift.
(c) In determining whether an anatomical gift has been made,amended, or revoked under this chapter, a person may rely uponrepresentations of an individual listed in section 8(a)(2), 8(a)(3),8(a)(4), 8(a)(5), 8(a)(6), 8(a)(7), or 8(a)(8) of this chapter relating tothe individual's relationship to the donor or prospective donor unlessthe person knows that the representation is untrue.
(d) A health care provider is immune from civil liability forfollowing a donor's unrevoked anatomical gift directive under thischapter or IC 9-24-17.
(e) A hospital or a recovery agency is immune from civil liabilityfor determining in good faith and in compliance with this sectionthat:
(1) an individual made a written anatomical gift; or
(2) an individual subsequently made a written revocation of ananatomical gift.
(f) A person who, in good faith reliance upon a will, card, or otherdocument of gift, and without actual notice of the amendment,revocation, or invalidity of the will, card, or document:
(1) takes possession of a decedent's body or performs or causesto be performed surgical operations upon a decedent's body; or
(2) removes or causes to be removed organs, tissues, or otherparts from a decedent's body;
is not liable in damages in any civil action brought against the donorfor that act.
As added by P.L.147-2007, SEC.12.
IC 29-2-16.1-18
Validity of a document of gift
Sec. 18. (a) A document of gift is valid if executed in accordancewith:
(1) this chapter;
(2) the laws of the state or country where it was executed; or
(3) the laws of the state or country where the person making theanatomical gift was domiciled, has a place of residence, or wasa national at the time the document of gift was executed.
(b) If a document of gift is valid under this chapter, the law of thisstate governs the interpretation of the document of gift.
(c) A person may presume that a document of gift or amendmentof an anatomical gift is valid unless that person knows that it was notvalidly executed or was revoked.
As added by P.L.147-2007, SEC.12.
IC 29-2-16.1-19
Bureau of motor vehicles cooperation with donor registries; donor
registry duties; personal information on donor registries
Sec. 19. (a) The bureau of motor vehicles shall cooperate with aperson that administers any donor registry that this state establishes,contracts for, or recognizes for the purpose of transferring to thedonor registry all relevant information regarding a donor's making,amendment to, or revocation of an anatomical gift.
(b) A donor registry must:
(1) allow a donor or other person authorized under section 4 ofthis chapter to include on the donor registry a statement orsymbol that the donor has made, amended, or revoked ananatomical gift;
(2) be accessible to a procurement organization and to coronersto allow it to obtain relevant information on the donor registryto determine, at or near death of the donor or a prospectivedonor, whether the donor or prospective donor has made,amended, or revoked an anatomical gift; and
(3) be accessible for purposes of subdivisions (1) and (2) seven(7) days a week on a twenty-four (24) hour basis.
(c) Personally identifiable information on a donor registry abouta donor or prospective donor may not be used or disclosed withoutthe express consent of the donor, prospective donor, or person thatmade the anatomical gift for any purpose other than to determine, ator near death of the donor or prospective donor, whether the donoror prospective donor has made, amended, or revoked an anatomicalgift.
(d) This section does not prohibit any person from creating ormaintaining a donor registry that is not established by or undercontract with the state. Any such registry must comply withsubsections (b) and (c).
As added by P.L.147-2007, SEC.12.
IC 29-2-16.1-20
Declarations and advance health care directives; procurementorganizations
Sec. 20. (a) As used in this section:
(1) "Advance health care directive" means a power of attorneyfor health care or a record signed by a prospective donorcontaining the prospective donor's direction concerning a healthcare decision for the prospective donor.
(2) "Declaration" means a record signed by a prospective donorspecifying the circumstances under which a life support systemmay be withheld or withdrawn from the prospective donor.
(3) "Health care decision" means any decision made regardingthe health care of the prospective donor.
(b) If a prospective donor has a declaration or advance health caredirective, unless the directive expressly states the contrary, hospitalsmust use measures necessary to allow a procurement agency todetermine the medical suitability of an organ for transplantation ortherapy by insuring that life support is not withdrawn from theprospective donor before consultation with the appropriate
procurement agency to determine medical potential for donation. Theprocurement organization shall make every effort to determine donorpotential within approximately two (2) hours from the time theprocurement organization is contacted by the hospital. A hospitalmay, in accordance with a donor's declaration or advance health caredirective, withdraw life support from the prospective donor if theprocurement organization has not made a determination of donorpotential within six (6) hours from the time the procurementorganization is contacted by the hospital.
As added by P.L.147-2007, SEC.12.
IC 29-2-16.1-21
Coroner cooperation with procurement organizations; postmortemexaminations; removal of a part of organ from a decedent
Sec. 21. (a) A coroner shall cooperate with procurementorganizations to maximize the opportunity to recover anatomicalgifts for the purpose of transplantation, therapy, research, education,or training.
(b) If a coroner receives notice from a procurement organizationthat an anatomical gift might be available or was made with respectto a decedent whose body is under the jurisdiction of the coroner anda postmortem examination is going to be performed, unless thecoroner denies recovery in accordance with IC 36-2-14-22.6(f), thecoroner or designee shall, when practicable, conduct a postmortemexamination of the body or the part in a manner and within a periodcompatible with its preservation for the purposes of the gift. If acoroner conducts a postmortem examination outside of a compatibleperiod, the coroner must document why examination occurredoutside of a compatible period. It is considered sufficientdocumentation if the coroner documents that additional time wasnecessary to conduct an adequate medicolegal examination.
(c) A part may not be removed from the body of a decedent underthe jurisdiction of a coroner for transplantation, therapy, research, oreducation unless the part is the subject of an anatomical gift. Thebody of a decedent under the jurisdiction of the coroner may not bedelivered to a person for research or education unless the body is thesubject of an anatomical gift. This subsection does not preclude acoroner or pathologist from performing the medicolegal investigationupon the body or parts of a decedent under the jurisdiction of thecoroner or from using the body or parts of a decedent under thejurisdiction of the coroner for the purposes of research, education, ortraining required by the coroner or pathologist.
As added by P.L.147-2007, SEC.12.