142C.3 PERSONS WHO MAY MAKE -- MANNER OF MAKING --
AMENDING OR REVOKING -- REFUSAL TO MAKE ANATOMICAL GIFT BEFORE
DONOR'S DEATH -- PRECLUSIVE EFFECT.
1. Who may make. Subject to subsection 5, an anatomical gift
of a donor's body or part may be made during the life of the donor
for the purposes of transplantation, therapy, research, or education
in the manner prescribed in subsection 2 by any of the following:
a. The donor if the donor is any of the following:
(1) An adult.
(2) A minor, if the minor is emancipated.
(3) A minor, if the minor is authorized under state law to apply
for a driver's license or identification card because the minor is at
least 14 years of age, and the minor authorizes a statement or symbol
indicating an anatomical gift on a driver's license, identification
card, or donor registry entry with the signed approval of a parent or
guardian.
b. An agent of the donor, unless the durable power of
attorney for health care or other record prohibits the agent from
making the anatomical gift.
c. A parent of the donor, if the donor is an unemancipated
minor.
d. The guardian of the donor.
2. Manner of making.a. A donor may make an anatomical gift by any of the
following means:
(1) By authorizing a statement or symbol indicating that the
donor has made an anatomical gift to be imprinted on the donor's
driver's license or identification card.
(2) In a will.
(3) During a terminal illness or injury of the donor, by any form
of communication addressed to at least two adults, at least one of
whom is a disinterested witness.
(4) As provided in paragraph "b".
b. (1) A donor or other person authorized to make an
anatomical gift under subsection 1 may make a gift by a donor card or
other record signed by the donor or other person making the gift or
by authorizing that a statement or symbol indicating that the donor
has made an anatomical gift be included on the donor registry.
(2) If the donor or other person is physically unable to sign a
record, the record may be signed by another individual at the
direction of the donor or other person and shall meet all of the
following requirements:
(a) Be witnessed by at least two adults, at least one of whom is
a disinterested witness, who have signed at the request of the donor
or other person.
(b) State that the record has been signed and witnessed as
provided in subparagraph division (a).
c. Revocation, suspension, expiration, or cancellation of a
driver's license or identification card upon which an anatomical gift
is indicated shall not invalidate the gift.
d. An anatomical gift made by will takes effect upon the
donor's death whether or not the will is probated. Invalidation of
the will after the donor's death does not invalidate the gift.
3. Amending or revoking gift before donor's death.a. Subject to subsection 5, a donor or other person
authorized to make an anatomical gift under subsection 1 may amend or
revoke an anatomical gift by any of the following means:
(1) A record signed by any of the following:
(a) The donor.
(b) The other person authorized to make an anatomical gift.
(c) Subject to paragraph "b", another individual acting at
the direction of the donor or the other authorized person if the
donor or other person is physically unable to sign the record.
(2) A later-executed document of gift that amends or revokes a
previous anatomical gift or portion of an anatomical gift, either
expressly or by inconsistency.
b. A record signed pursuant to paragraph "a",
subparagraph (1), subparagraph division (c), shall comply with all of
the following:
(1) Be witnessed by at least two adults, at least one of whom is
a disinterested witness, who have signed at the request of the donor
or the other authorized person.
(2) State that the record has been signed and witnessed as
provided in subparagraph (1).
c. Subject to subsection 5, a donor or other person
authorized to make an anatomical gift under subsection 1 may revoke
an anatomical gift by the destruction or cancellation of the document
of gift, or the 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
not made in a will by any form of communication during a terminal
illness or injury addressed to at least two adults, at least one of
whom is a disinterested witness.
e. A donor who makes an anatomical gift in a will may amend
or revoke the gift in the manner provided for amendment or revocation
of wills or as provided in paragraph "a".
4. Refusal to make.a. An individual may refuse to make an anatomical gift of the
individual's body or part by any of the following means:
(1) A record signed by any of the following:
(a) The individual.
(b) Subject to paragraph "b", another individual acting at
the direction of the individual if the individual is physically
unable to sign the record.
(2) The individual's will, whether or not the will is admitted to
probate or invalidated after the individual's death.
(3) Any form of communication made by the individual during the
individual's terminal illness or injury addressed to at least two
adults, at least one of whom is a disinterested witness.
b. A record signed pursuant to paragraph "a",
subparagraph (1), subparagraph division (b), shall comply with all of
the following:
(1) Be witnessed by at least two adults, at least one of whom is
a disinterested witness, who have signed at the request of the
individual.
(2) State that the record has been signed and witnessed as
provided in subparagraph (1).
c. An individual who has made a refusal may amend or revoke
the refusal in accordance with any of the following:
(1) In the manner provided in paragraph "a" for making a
refusal.
(2) By subsequently making an anatomical gift pursuant to
subsection 2 that is inconsistent with the refusal.
(3) By destroying or canceling the record evidencing 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 subsection 5, paragraph
"h", in the absence of an express, contrary indication by the
individual set forth in the refusal, an individual's unrevoked
refusal to make an anatomical gift of the individual's body or part
prohibits all other persons from making an anatomical gift of the
individual's body or part.
5. Preclusive effect.a. Donor gift or amendment -- subsequent actions by others
prohibited. Except as otherwise provided in paragraph "g", and
subject to paragraph "f", in the absence of a contrary indication
by the donor, a person other than the donor is prohibited from
making, amending, or revoking an anatomical gift of a donor's body or
part if the donor made an anatomical gift of the donor's body or part
under subsection 2 or an amendment to an anatomical gift of the
donor's body or part under subsection 3.
b. Donor revocation not a refusal. A donor's revocation of
an anatomical gift of the donor's body or part under subsection 3 is
not a refusal and does not prohibit another person specified in
subsection 1 or section 142C.4 from making an anatomical gift of the
donor's body or part under subsection 2 or section 142C.4.
c. Gift on amendment by another -- subsequent actions by others
prohibited. If a person other than the donor makes an unrevoked
anatomical gift of the donor's body or part under subsection 2, or an
amendment to an anatomical gift of the donor's body or part under
subsection 3, another person may not make, amend, or revoke the gift
of the donor's body or part under section 142C.4.
d. Revocation by another not prohibitive of other gift. A
revocation of an anatomical gift of a donor's body or part under
subsection 3 by a person other than the donor does not prohibit
another person from making an anatomical gift of the body or part
under subsection 2 or section 142C.4.
e. Gift of part not prohibitive of gift of another part. In
the absence of a contrary indication by the donor or other person
authorized to make an anatomical gift under subsection 1, an
anatomical gift of a part is neither a refusal to donate another part
nor a limitation on the making of an anatomical gift of another part
at a later time by the donor or another authorized person.
f. Gift for one purpose not prohibitive of another purpose.
In the absence of a contrary indication by the donor or other person
authorized to make an anatomical gift under subsection 1, an
anatomical gift of a part for one or more of the purposes specified
in subsection 1 is not a limitation on the making of an anatomical
gift of the part for any of the other purposes by the donor or any
other person under subsection 2 or section 142C.4.
g. Unemancipated minor gift -- parent revocation. If a donor
who is an unemancipated minor dies, a parent of the donor who is
reasonably available may revoke or amend an anatomical gift of the
donor's body or part.
h. Unemancipated minor refusal -- parent revocation or
amendment. If an unemancipated minor who signed a refusal dies, a
parent of the minor who is reasonably available may revoke the
minor's refusal.
Section History: Recent Form
95 Acts, ch 39, §3; 2002 Acts, ch 1064, §3, 4; 2007 Acts, ch 44,
§3; 2009 Acts, ch 41, §263
Referred to in § 142C.2, 142C.4, 142C.5, 142C.18
142C.3 PERSONS WHO MAY MAKE -- MANNER OF MAKING --
AMENDING OR REVOKING -- REFUSAL TO MAKE ANATOMICAL GIFT BEFORE
DONOR'S DEATH -- PRECLUSIVE EFFECT.
1. Who may make. Subject to subsection 5, an anatomical gift
of a donor's body or part may be made during the life of the donor
for the purposes of transplantation, therapy, research, or education
in the manner prescribed in subsection 2 by any of the following:
a. The donor if the donor is any of the following:
(1) An adult.
(2) A minor, if the minor is emancipated.
(3) A minor, if the minor is authorized under state law to apply
for a driver's license or identification card because the minor is at
least 14 years of age, and the minor authorizes a statement or symbol
indicating an anatomical gift on a driver's license, identification
card, or donor registry entry with the signed approval of a parent or
guardian.
b. An agent of the donor, unless the durable power of
attorney for health care or other record prohibits the agent from
making the anatomical gift.
c. A parent of the donor, if the donor is an unemancipated
minor.
d. The guardian of the donor.
2. Manner of making.a. A donor may make an anatomical gift by any of the
following means:
(1) By authorizing a statement or symbol indicating that the
donor has made an anatomical gift to be imprinted on the donor's
driver's license or identification card.
(2) In a will.
(3) During a terminal illness or injury of the donor, by any form
of communication addressed to at least two adults, at least one of
whom is a disinterested witness.
(4) As provided in paragraph "b".
b. (1) A donor or other person authorized to make an
anatomical gift under subsection 1 may make a gift by a donor card or
other record signed by the donor or other person making the gift or
by authorizing that a statement or symbol indicating that the donor
has made an anatomical gift be included on the donor registry.
(2) If the donor or other person is physically unable to sign a
record, the record may be signed by another individual at the
direction of the donor or other person and shall meet all of the
following requirements:
(a) Be witnessed by at least two adults, at least one of whom is
a disinterested witness, who have signed at the request of the donor
or other person.
(b) State that the record has been signed and witnessed as
provided in subparagraph division (a).
c. Revocation, suspension, expiration, or cancellation of a
driver's license or identification card upon which an anatomical gift
is indicated shall not invalidate the gift.
d. An anatomical gift made by will takes effect upon the
donor's death whether or not the will is probated. Invalidation of
the will after the donor's death does not invalidate the gift.
3. Amending or revoking gift before donor's death.a. Subject to subsection 5, a donor or other person
authorized to make an anatomical gift under subsection 1 may amend or
revoke an anatomical gift by any of the following means:
(1) A record signed by any of the following:
(a) The donor.
(b) The other person authorized to make an anatomical gift.
(c) Subject to paragraph "b", another individual acting at
the direction of the donor or the other authorized person if the
donor or other person is physically unable to sign the record.
(2) A later-executed document of gift that amends or revokes a
previous anatomical gift or portion of an anatomical gift, either
expressly or by inconsistency.
b. A record signed pursuant to paragraph "a",
subparagraph (1), subparagraph division (c), shall comply with all of
the following:
(1) Be witnessed by at least two adults, at least one of whom is
a disinterested witness, who have signed at the request of the donor
or the other authorized person.
(2) State that the record has been signed and witnessed as
provided in subparagraph (1).
c. Subject to subsection 5, a donor or other person
authorized to make an anatomical gift under subsection 1 may revoke
an anatomical gift by the destruction or cancellation of the document
of gift, or the 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
not made in a will by any form of communication during a terminal
illness or injury addressed to at least two adults, at least one of
whom is a disinterested witness.
e. A donor who makes an anatomical gift in a will may amend
or revoke the gift in the manner provided for amendment or revocation
of wills or as provided in paragraph "a".
4. Refusal to make.a. An individual may refuse to make an anatomical gift of the
individual's body or part by any of the following means:
(1) A record signed by any of the following:
(a) The individual.
(b) Subject to paragraph "b", another individual acting at
the direction of the individual if the individual is physically
unable to sign the record.
(2) The individual's will, whether or not the will is admitted to
probate or invalidated after the individual's death.
(3) Any form of communication made by the individual during the
individual's terminal illness or injury addressed to at least two
adults, at least one of whom is a disinterested witness.
b. A record signed pursuant to paragraph "a",
subparagraph (1), subparagraph division (b), shall comply with all of
the following:
(1) Be witnessed by at least two adults, at least one of whom is
a disinterested witness, who have signed at the request of the
individual.
(2) State that the record has been signed and witnessed as
provided in subparagraph (1).
c. An individual who has made a refusal may amend or revoke
the refusal in accordance with any of the following:
(1) In the manner provided in paragraph "a" for making a
refusal.
(2) By subsequently making an anatomical gift pursuant to
subsection 2 that is inconsistent with the refusal.
(3) By destroying or canceling the record evidencing 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 subsection 5, paragraph
"h", in the absence of an express, contrary indication by the
individual set forth in the refusal, an individual's unrevoked
refusal to make an anatomical gift of the individual's body or part
prohibits all other persons from making an anatomical gift of the
individual's body or part.
5. Preclusive effect.a. Donor gift or amendment -- subsequent actions by others
prohibited. Except as otherwise provided in paragraph "g", and
subject to paragraph "f", in the absence of a contrary indication
by the donor, a person other than the donor is prohibited from
making, amending, or revoking an anatomical gift of a donor's body or
part if the donor made an anatomical gift of the donor's body or part
under subsection 2 or an amendment to an anatomical gift of the
donor's body or part under subsection 3.
b. Donor revocation not a refusal. A donor's revocation of
an anatomical gift of the donor's body or part under subsection 3 is
not a refusal and does not prohibit another person specified in
subsection 1 or section 142C.4 from making an anatomical gift of the
donor's body or part under subsection 2 or section 142C.4.
c. Gift on amendment by another -- subsequent actions by others
prohibited. If a person other than the donor makes an unrevoked
anatomical gift of the donor's body or part under subsection 2, or an
amendment to an anatomical gift of the donor's body or part under
subsection 3, another person may not make, amend, or revoke the gift
of the donor's body or part under section 142C.4.
d. Revocation by another not prohibitive of other gift. A
revocation of an anatomical gift of a donor's body or part under
subsection 3 by a person other than the donor does not prohibit
another person from making an anatomical gift of the body or part
under subsection 2 or section 142C.4.
e. Gift of part not prohibitive of gift of another part. In
the absence of a contrary indication by the donor or other person
authorized to make an anatomical gift under subsection 1, an
anatomical gift of a part is neither a refusal to donate another part
nor a limitation on the making of an anatomical gift of another part
at a later time by the donor or another authorized person.
f. Gift for one purpose not prohibitive of another purpose.
In the absence of a contrary indication by the donor or other person
authorized to make an anatomical gift under subsection 1, an
anatomical gift of a part for one or more of the purposes specified
in subsection 1 is not a limitation on the making of an anatomical
gift of the part for any of the other purposes by the donor or any
other person under subsection 2 or section 142C.4.
g. Unemancipated minor gift -- parent revocation. If a donor
who is an unemancipated minor dies, a parent of the donor who is
reasonably available may revoke or amend an anatomical gift of the
donor's body or part.
h. Unemancipated minor refusal -- parent revocation or
amendment. If an unemancipated minor who signed a refusal dies, a
parent of the minor who is reasonably available may revoke the
minor's refusal.
Section History: Recent Form
95 Acts, ch 39, §3; 2002 Acts, ch 1064, §3, 4; 2007 Acts, ch 44,
§3; 2009 Acts, ch 41, §263
Referred to in § 142C.2, 142C.4, 142C.5, 142C.18
142C.3 PERSONS WHO MAY MAKE -- MANNER OF MAKING --
AMENDING OR REVOKING -- REFUSAL TO MAKE ANATOMICAL GIFT BEFORE
DONOR'S DEATH -- PRECLUSIVE EFFECT.
1. Who may make. Subject to subsection 5, an anatomical gift
of a donor's body or part may be made during the life of the donor
for the purposes of transplantation, therapy, research, or education
in the manner prescribed in subsection 2 by any of the following:
a. The donor if the donor is any of the following:
(1) An adult.
(2) A minor, if the minor is emancipated.
(3) A minor, if the minor is authorized under state law to apply
for a driver's license or identification card because the minor is at
least 14 years of age, and the minor authorizes a statement or symbol
indicating an anatomical gift on a driver's license, identification
card, or donor registry entry with the signed approval of a parent or
guardian.
b. An agent of the donor, unless the durable power of
attorney for health care or other record prohibits the agent from
making the anatomical gift.
c. A parent of the donor, if the donor is an unemancipated
minor.
d. The guardian of the donor.
2. Manner of making.a. A donor may make an anatomical gift by any of the
following means:
(1) By authorizing a statement or symbol indicating that the
donor has made an anatomical gift to be imprinted on the donor's
driver's license or identification card.
(2) In a will.
(3) During a terminal illness or injury of the donor, by any form
of communication addressed to at least two adults, at least one of
whom is a disinterested witness.
(4) As provided in paragraph "b".
b. (1) A donor or other person authorized to make an
anatomical gift under subsection 1 may make a gift by a donor card or
other record signed by the donor or other person making the gift or
by authorizing that a statement or symbol indicating that the donor
has made an anatomical gift be included on the donor registry.
(2) If the donor or other person is physically unable to sign a
record, the record may be signed by another individual at the
direction of the donor or other person and shall meet all of the
following requirements:
(a) Be witnessed by at least two adults, at least one of whom is
a disinterested witness, who have signed at the request of the donor
or other person.
(b) State that the record has been signed and witnessed as
provided in subparagraph division (a).
c. Revocation, suspension, expiration, or cancellation of a
driver's license or identification card upon which an anatomical gift
is indicated shall not invalidate the gift.
d. An anatomical gift made by will takes effect upon the
donor's death whether or not the will is probated. Invalidation of
the will after the donor's death does not invalidate the gift.
3. Amending or revoking gift before donor's death.a. Subject to subsection 5, a donor or other person
authorized to make an anatomical gift under subsection 1 may amend or
revoke an anatomical gift by any of the following means:
(1) A record signed by any of the following:
(a) The donor.
(b) The other person authorized to make an anatomical gift.
(c) Subject to paragraph "b", another individual acting at
the direction of the donor or the other authorized person if the
donor or other person is physically unable to sign the record.
(2) A later-executed document of gift that amends or revokes a
previous anatomical gift or portion of an anatomical gift, either
expressly or by inconsistency.
b. A record signed pursuant to paragraph "a",
subparagraph (1), subparagraph division (c), shall comply with all of
the following:
(1) Be witnessed by at least two adults, at least one of whom is
a disinterested witness, who have signed at the request of the donor
or the other authorized person.
(2) State that the record has been signed and witnessed as
provided in subparagraph (1).
c. Subject to subsection 5, a donor or other person
authorized to make an anatomical gift under subsection 1 may revoke
an anatomical gift by the destruction or cancellation of the document
of gift, or the 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
not made in a will by any form of communication during a terminal
illness or injury addressed to at least two adults, at least one of
whom is a disinterested witness.
e. A donor who makes an anatomical gift in a will may amend
or revoke the gift in the manner provided for amendment or revocation
of wills or as provided in paragraph "a".
4. Refusal to make.a. An individual may refuse to make an anatomical gift of the
individual's body or part by any of the following means:
(1) A record signed by any of the following:
(a) The individual.
(b) Subject to paragraph "b", another individual acting at
the direction of the individual if the individual is physically
unable to sign the record.
(2) The individual's will, whether or not the will is admitted to
probate or invalidated after the individual's death.
(3) Any form of communication made by the individual during the
individual's terminal illness or injury addressed to at least two
adults, at least one of whom is a disinterested witness.
b. A record signed pursuant to paragraph "a",
subparagraph (1), subparagraph division (b), shall comply with all of
the following:
(1) Be witnessed by at least two adults, at least one of whom is
a disinterested witness, who have signed at the request of the
individual.
(2) State that the record has been signed and witnessed as
provided in subparagraph (1).
c. An individual who has made a refusal may amend or revoke
the refusal in accordance with any of the following:
(1) In the manner provided in paragraph "a" for making a
refusal.
(2) By subsequently making an anatomical gift pursuant to
subsection 2 that is inconsistent with the refusal.
(3) By destroying or canceling the record evidencing 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 subsection 5, paragraph
"h", in the absence of an express, contrary indication by the
individual set forth in the refusal, an individual's unrevoked
refusal to make an anatomical gift of the individual's body or part
prohibits all other persons from making an anatomical gift of the
individual's body or part.
5. Preclusive effect.a. Donor gift or amendment -- subsequent actions by others
prohibited. Except as otherwise provided in paragraph "g", and
subject to paragraph "f", in the absence of a contrary indication
by the donor, a person other than the donor is prohibited from
making, amending, or revoking an anatomical gift of a donor's body or
part if the donor made an anatomical gift of the donor's body or part
under subsection 2 or an amendment to an anatomical gift of the
donor's body or part under subsection 3.
b. Donor revocation not a refusal. A donor's revocation of
an anatomical gift of the donor's body or part under subsection 3 is
not a refusal and does not prohibit another person specified in
subsection 1 or section 142C.4 from making an anatomical gift of the
donor's body or part under subsection 2 or section 142C.4.
c. Gift on amendment by another -- subsequent actions by others
prohibited. If a person other than the donor makes an unrevoked
anatomical gift of the donor's body or part under subsection 2, or an
amendment to an anatomical gift of the donor's body or part under
subsection 3, another person may not make, amend, or revoke the gift
of the donor's body or part under section 142C.4.
d. Revocation by another not prohibitive of other gift. A
revocation of an anatomical gift of a donor's body or part under
subsection 3 by a person other than the donor does not prohibit
another person from making an anatomical gift of the body or part
under subsection 2 or section 142C.4.
e. Gift of part not prohibitive of gift of another part. In
the absence of a contrary indication by the donor or other person
authorized to make an anatomical gift under subsection 1, an
anatomical gift of a part is neither a refusal to donate another part
nor a limitation on the making of an anatomical gift of another part
at a later time by the donor or another authorized person.
f. Gift for one purpose not prohibitive of another purpose.
In the absence of a contrary indication by the donor or other person
authorized to make an anatomical gift under subsection 1, an
anatomical gift of a part for one or more of the purposes specified
in subsection 1 is not a limitation on the making of an anatomical
gift of the part for any of the other purposes by the donor or any
other person under subsection 2 or section 142C.4.
g. Unemancipated minor gift -- parent revocation. If a donor
who is an unemancipated minor dies, a parent of the donor who is
reasonably available may revoke or amend an anatomical gift of the
donor's body or part.
h. Unemancipated minor refusal -- parent revocation or
amendment. If an unemancipated minor who signed a refusal dies, a
parent of the minor who is reasonably available may revoke the
minor's refusal.
Section History: Recent Form
95 Acts, ch 39, §3; 2002 Acts, ch 1064, §3, 4; 2007 Acts, ch 44,
§3; 2009 Acts, ch 41, §263
Referred to in § 142C.2, 142C.4, 142C.5, 142C.18
