65-3230. Persons that may receive anatomical gift; purpose of anatomical gift. - Kansas Statutes

65-3230

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

      65-3230.   Persons that may receive anatomical gift;purpose of anatomical gift.(a) An anatomical gift may be made to the following personsnamed in the document of gift:

      (1)   A hospital, accreditedmedical school, dental school, college, or university,organ procurement organization or other appropriate person, for research oreducation;

      (2)   subject to subsection (b), an individual designated by the person makingtheanatomical gift if the individual is the recipient of the part;

      (3)   an eye bank or tissue bank.

      (b)   If an anatomical gift to an individual undersubsection (a)(2) cannot betransplanted into the individual, the part passes in accordance with subsection(g) in the absenceof an express, contrary indication by the person making the anatomical gift.

      (c)   If an anatomical gift of one or more specificparts or of all parts is made in adocument of gift that does not name a person described in subsection (a) butidentifies thepurpose for which an anatomical gift may be used, the following rules apply:

      (1)   If the part is an eye and the gift is for the purpose of transplantationor therapy,the gift passes to the appropriate eye bank.

      (2)   If the part is tissue and the gift is for the purpose of transplantationor therapy,the gift passes to the appropriate tissue bank.

      (3)   If the part is an organ and the gift is for the purpose oftransplantation ortherapy, the gift passes to the appropriate organ procurement organization ascustodian of theorgan.

      (4)   If the part is an organ, an eye, or tissue and the gift is for thepurpose ofresearch or education, the gift passes to the appropriate procurementorganization.

      (d)   For the purpose of subsection (c), if there is more than one purpose ofananatomical gift set forth in the document of gift but the purposes are not setforth in any priority, the gift must be used for transplantation or therapy, ifsuitable. If the gift cannot be used fortransplantation or therapy, the gift may be used for research or education.

      (e)   If an anatomical gift of one or more specificparts is made in a document ofgift that does not name a person described in subsection (a) and does notidentify the purpose ofthe gift, the gift may be used only for transplantation or therapy, and thegift passes in accordancewith subsection (g).

      (f)   If a document of gift specifies only a generalintent to make an anatomical giftby words such as "donor", "organ donor", or "body donor", or by a symbol orstatement ofsimilar import, the gift may be used only for transplantation or therapy, andthe gift passes inaccordance with subsection (g).

      (g)   For purposes of subsections (b), (e) and (f) thefollowing rules 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 tissue bank.

      (3)   If the part is an organ,the gift passes to the appropriate organ procurementorganization as custodian of the organ.

      (h)   An anatomical gift of an organ for transplantation ortherapy, other than ananatomical gift under subsection (a)(2), passes to the organ procurementorganization ascustodian of the organ.

      (i)   If an anatomical gift does not pass pursuant tosubsections (a) through (h) orthe decedent's body or part is not used fortransplantation, therapy, research, or education,custody of the body or part passes to the person under obligation to dispose ofthe body or part.

      (j)   A person may not accept an anatomical gift if theperson knows that the giftwas not effectively made underK.S.A. 2009 Supp.65-3224 or 65-3229, andamendments thereto, or ifthe person knows that thedecedent made arefusal underK.S.A. 2009 Supp.65-3226, and amendments thereto, that was notrevoked. Forpurposes of the subsection,if a person knowsthat an anatomical gift was made on a document of gift, the person is deemed toknow of anyamendment or revocation of the gift or any refusal to make an anatomical gifton the samedocument of gift.

      (k)   Except as otherwise provided in subsection (a)(2),nothing in this act affectsthe allocation of organs for transplantation or therapy.

      History:   L. 2007, ch. 127, § 11; July 1.