§ 39-3407 — REFUSAL TO MAKE ANATOMICAL GIFT — EFFECT OF REFUSAL

(1) An individual may refuse to make an anatomical gift of the individual’s body or part by:
(a) A record signed by:
(i) The individual; or
(ii) Subject to subsection (2) of this section, another individual acting at the direction of the individual if the individual is physically unable to sign;
(b) The individual’s will, whether or not the will is admitted to probate or invalidated after the individual’s death; or
(c) Any form of communication made by the individual during the individual’s terminal illness or injury addressed to at least two (2) adults, at least one (1) of whom is a disinterested witness.
(2) A record signed pursuant to subsection (1)(a)(ii) of this section must:
(a) Be witnessed by at least two (2) adults, at least one (1) of whom is a disinterested witness, who have signed at the request of the individual; and
(b) State that it has been signed and witnessed as provided in paragraph (a) of this subsection.
(3) An individual who has made a refusal may amend or revoke the refusal:
(a) In the manner provided in subsection (1) of this section for making a refusal;
(b) By subsequently making an anatomical gift pursuant to section 39-3405, Idaho Code, that is inconsistent with the refusal; or
(c) 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.
(4) Except as otherwise provided in section 39-3408 (8), Idaho Code, 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 bars all other persons from making an anatomical gift of the individual’s body or part.

Legislative History

[39-3407, added 2007, ch. 30, sec. 2, p. 65.]