65-3226. Refusal to make anatomical gift; effect of refusal. - Kansas Statutes

65-3226

Chapter 65.--PUBLIC HEALTH Article 32.--REVISED UNIFORM ANATOMICAL GIFT ACT

      65-3226.   Refusal to make anatomical gift; effect ofrefusal.(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 acting at the direction ofthe individual if theindividual is physically unable to sign;

      (2)   the individual's will, whether or not the will is admitted to probate orinvalidated after theindividual's death; or

      (3)   any form of communicationmade by the individual during the individual's terminalillness orinjury addressed to at least two adults, at least one of whom is adisinterested witness.

      (b)   A record signed pursuant to subsection (a)(1)(B)must:

      (1)   Be witnessed by at least two adults, at least one of whom is adisinterested witness, who havesigned at the request of the individual; and

      (2)   state that it has been signed and witnessed as provided in paragraph (1).

      (c)   An individual who has made a refusal may amend or revoke the refusal:

      (1)   In the manner provided in subsection (a) for making a refusal;

      (2)   by subsequently making an anatomical gift pursuant toK.S.A. 2009 Supp.65-3224, andamendments thereto, that isinconsistent with therefusal; or

      (3)   by destroying or canceling the record evidencing the refusal, or theportion of the record usedto make the refusal, with the intent to revoke the refusal.

      (d)   Except as otherwise provided inK.S.A. 2009 Supp.65-3227(h), andamendments thereto, inthe absence of anexpress, contraryindication by the individual set forth in the refusal, an individual'sunrevoked refusal to make ananatomical gift of the individual's body or part bars all other persons frommaking an anatomicalgift of the individual's body or part.

      History:   L. 2007, ch. 127, § 7; July 1.