142C.5 PERSONS WHO MAY RECEIVE ANATOMICAL GIFTS AND
PURPOSES FOR WHICH ANATOMICAL GIFTS MAY BE MADE.
1. An anatomical gift may be made to the following persons named
in a document of gift:
a. A hospital, accredited medical or osteopathic medical
school, dental school, college, or university, organ procurement
organization, or other appropriate person for research or education.
b. An eye bank or tissue bank.
c. Subject to subsection 2, an individual designated by the
person making the anatomical gift if the individual is the recipient
of the part.
2. If an anatomical gift to an individual under subsection 1,
paragraph "c", cannot be transplanted into the individual, the
part passes in accordance with subsection 7 in the absence of an
express, contrary indication by the person making the anatomical
gift.
3. If an anatomical gift of one or more specific parts or of all
parts is made in a document of gift that does not name a person
described in subsection 1 but identifies the purpose for which an
anatomical gift may be used, the following rules apply:
a. If the part is an eye and the gift is for the purpose of
transplantation or therapy, the gift passes to the appropriate eye
bank.
b. If the part is tissue and the gift is for the purpose of
transplantation or therapy, the gift passes to the appropriate tissue
bank.
c. If the part is an organ and the gift is for the purpose of
transplantation or therapy, the gift passes to the appropriate organ
procurement organization as custodian of the organ.
d. If the part is an organ, an eye, or tissue and the gift is
for the purpose of research or education, the gift passes to the
appropriate procurement organization.
4. For the purpose of subsection 3, if there is more than one
purpose of an anatomical gift set forth in the document of gift but
the purposes are not set forth in any priority, the gift shall be
used for transplantation or therapy, if suitable. If the gift cannot
be used for transplantation or therapy, the gift may be used for
research or education.
5. If an anatomical gift of one or more specific parts is made in
a document of gift that does not name a person described in
subsection 1 and does not identify the purpose of the gift, the gift
may be used only for transplantation or therapy, and the gift passes
in accordance with subsection 7.
6. If a document of gift specifies only a general intent to make
an anatomical gift by words such as "donor", "organ donor", or "body
donor", or by a symbol or statement of similar import, the gift may
be used only for transplantation or therapy, and the gift passes in
accordance with subsection 7.
7. For the purposes of subsections 2, 5, and 6, the following
rules shall apply:
a. If the part is an eye, the gift passes to the appropriate
eye bank.
b. If the part is tissue, the gift passes to the appropriate
tissue bank.
c. If the part is an organ, the gift passes to the
appropriate organ procurement organization as custodian of the organ.
8. An anatomical gift of an organ for transplantation or therapy,
other than an anatomical gift under subsection 1, paragraph "c",
passes to the organ procurement organization as custodian of the
organ.
9. If an anatomical gift does not pass pursuant to subsections 1
through 8, or the decedent's body or part is not used for
transplantation, therapy, research, or education, custody of the body
or part passes to the person under obligation to dispose of the body
or part.
10. A person shall not accept an anatomical gift if the person
knows that the gift was not effectively made under section 142C.3,
subsection 2, or section 142C.4, or if the person knows that the
decedent made a refusal under section 142C.3, subsection 4, that was
not revoked. For purposes of this subsection, if a person knows that
an anatomical gift was made on a document of gift, the person is
deemed to know of any amendment or revocation of the gift or any
refusal to make an anatomical gift on the same document of gift.
11. Except as otherwise provided in subsection 1, paragraph
"c", nothing in this chapter shall affect the allocation of
organs for transplantation or therapy.
Section History: Recent Form
95 Acts, ch 39, §5; 2007 Acts, ch 44, §6
Referred to in § 142C.2, 142C.4, 142C.6, 142C.8
142C.5 PERSONS WHO MAY RECEIVE ANATOMICAL GIFTS AND
PURPOSES FOR WHICH ANATOMICAL GIFTS MAY BE MADE.
1. An anatomical gift may be made to the following persons named
in a document of gift:
a. A hospital, accredited medical or osteopathic medical
school, dental school, college, or university, organ procurement
organization, or other appropriate person for research or education.
b. An eye bank or tissue bank.
c. Subject to subsection 2, an individual designated by the
person making the anatomical gift if the individual is the recipient
of the part.
2. If an anatomical gift to an individual under subsection 1,
paragraph "c", cannot be transplanted into the individual, the
part passes in accordance with subsection 7 in the absence of an
express, contrary indication by the person making the anatomical
gift.
3. If an anatomical gift of one or more specific parts or of all
parts is made in a document of gift that does not name a person
described in subsection 1 but identifies the purpose for which an
anatomical gift may be used, the following rules apply:
a. If the part is an eye and the gift is for the purpose of
transplantation or therapy, the gift passes to the appropriate eye
bank.
b. If the part is tissue and the gift is for the purpose of
transplantation or therapy, the gift passes to the appropriate tissue
bank.
c. If the part is an organ and the gift is for the purpose of
transplantation or therapy, the gift passes to the appropriate organ
procurement organization as custodian of the organ.
d. If the part is an organ, an eye, or tissue and the gift is
for the purpose of research or education, the gift passes to the
appropriate procurement organization.
4. For the purpose of subsection 3, if there is more than one
purpose of an anatomical gift set forth in the document of gift but
the purposes are not set forth in any priority, the gift shall be
used for transplantation or therapy, if suitable. If the gift cannot
be used for transplantation or therapy, the gift may be used for
research or education.
5. If an anatomical gift of one or more specific parts is made in
a document of gift that does not name a person described in
subsection 1 and does not identify the purpose of the gift, the gift
may be used only for transplantation or therapy, and the gift passes
in accordance with subsection 7.
6. If a document of gift specifies only a general intent to make
an anatomical gift by words such as "donor", "organ donor", or "body
donor", or by a symbol or statement of similar import, the gift may
be used only for transplantation or therapy, and the gift passes in
accordance with subsection 7.
7. For the purposes of subsections 2, 5, and 6, the following
rules shall apply:
a. If the part is an eye, the gift passes to the appropriate
eye bank.
b. If the part is tissue, the gift passes to the appropriate
tissue bank.
c. If the part is an organ, the gift passes to the
appropriate organ procurement organization as custodian of the organ.
8. An anatomical gift of an organ for transplantation or therapy,
other than an anatomical gift under subsection 1, paragraph "c",
passes to the organ procurement organization as custodian of the
organ.
9. If an anatomical gift does not pass pursuant to subsections 1
through 8, or the decedent's body or part is not used for
transplantation, therapy, research, or education, custody of the body
or part passes to the person under obligation to dispose of the body
or part.
10. A person shall not accept an anatomical gift if the person
knows that the gift was not effectively made under section 142C.3,
subsection 2, or section 142C.4, or if the person knows that the
decedent made a refusal under section 142C.3, subsection 4, that was
not revoked. For purposes of this subsection, if a person knows that
an anatomical gift was made on a document of gift, the person is
deemed to know of any amendment or revocation of the gift or any
refusal to make an anatomical gift on the same document of gift.
11. Except as otherwise provided in subsection 1, paragraph
"c", nothing in this chapter shall affect the allocation of
organs for transplantation or therapy.
Section History: Recent Form
95 Acts, ch 39, §5; 2007 Acts, ch 44, §6
Referred to in § 142C.2, 142C.4, 142C.6, 142C.8
142C.5 PERSONS WHO MAY RECEIVE ANATOMICAL GIFTS AND
PURPOSES FOR WHICH ANATOMICAL GIFTS MAY BE MADE.
1. An anatomical gift may be made to the following persons named
in a document of gift:
a. A hospital, accredited medical or osteopathic medical
school, dental school, college, or university, organ procurement
organization, or other appropriate person for research or education.
b. An eye bank or tissue bank.
c. Subject to subsection 2, an individual designated by the
person making the anatomical gift if the individual is the recipient
of the part.
2. If an anatomical gift to an individual under subsection 1,
paragraph "c", cannot be transplanted into the individual, the
part passes in accordance with subsection 7 in the absence of an
express, contrary indication by the person making the anatomical
gift.
3. If an anatomical gift of one or more specific parts or of all
parts is made in a document of gift that does not name a person
described in subsection 1 but identifies the purpose for which an
anatomical gift may be used, the following rules apply:
a. If the part is an eye and the gift is for the purpose of
transplantation or therapy, the gift passes to the appropriate eye
bank.
b. If the part is tissue and the gift is for the purpose of
transplantation or therapy, the gift passes to the appropriate tissue
bank.
c. If the part is an organ and the gift is for the purpose of
transplantation or therapy, the gift passes to the appropriate organ
procurement organization as custodian of the organ.
d. If the part is an organ, an eye, or tissue and the gift is
for the purpose of research or education, the gift passes to the
appropriate procurement organization.
4. For the purpose of subsection 3, if there is more than one
purpose of an anatomical gift set forth in the document of gift but
the purposes are not set forth in any priority, the gift shall be
used for transplantation or therapy, if suitable. If the gift cannot
be used for transplantation or therapy, the gift may be used for
research or education.
5. If an anatomical gift of one or more specific parts is made in
a document of gift that does not name a person described in
subsection 1 and does not identify the purpose of the gift, the gift
may be used only for transplantation or therapy, and the gift passes
in accordance with subsection 7.
6. If a document of gift specifies only a general intent to make
an anatomical gift by words such as "donor", "organ donor", or "body
donor", or by a symbol or statement of similar import, the gift may
be used only for transplantation or therapy, and the gift passes in
accordance with subsection 7.
7. For the purposes of subsections 2, 5, and 6, the following
rules shall apply:
a. If the part is an eye, the gift passes to the appropriate
eye bank.
b. If the part is tissue, the gift passes to the appropriate
tissue bank.
c. If the part is an organ, the gift passes to the
appropriate organ procurement organization as custodian of the organ.
8. An anatomical gift of an organ for transplantation or therapy,
other than an anatomical gift under subsection 1, paragraph "c",
passes to the organ procurement organization as custodian of the
organ.
9. If an anatomical gift does not pass pursuant to subsections 1
through 8, or the decedent's body or part is not used for
transplantation, therapy, research, or education, custody of the body
or part passes to the person under obligation to dispose of the body
or part.
10. A person shall not accept an anatomical gift if the person
knows that the gift was not effectively made under section 142C.3,
subsection 2, or section 142C.4, or if the person knows that the
decedent made a refusal under section 142C.3, subsection 4, that was
not revoked. For purposes of this subsection, if a person knows that
an anatomical gift was made on a document of gift, the person is
deemed to know of any amendment or revocation of the gift or any
refusal to make an anatomical gift on the same document of gift.
11. Except as otherwise provided in subsection 1, paragraph
"c", nothing in this chapter shall affect the allocation of
organs for transplantation or therapy.
Section History: Recent Form
95 Acts, ch 39, §5; 2007 Acts, ch 44, §6
Referred to in § 142C.2, 142C.4, 142C.6, 142C.8
