§ 29-2-16.1-17 — Liability; immunity

Indiana § 29-2-16.1-17

• Jurisdiction: Indiana
• Art. 2: MISCELLANEOUS PROVISIONS
• Ch. 16.1: Revised Uniform Anatomical Gift Act

Text

(a) A person who acts in accordance with
this chapter is not liable for the act in a civil action or administrative
proceeding.
(b) Neither the person making an anatomical gift nor the donor's
estate is liable for any injury or damage that results from the making or
use of the gift.
(c) In determining whether an anatomical gift has been made,
amended, or revoked under this chapter, a person may rely upon
representations of an individual listed in section 8(a)(2), 8(a)(3),
8(a)(4), 8(a)(5), 8(a)(7), 8(a)(8), or 8(a)(9) of this chapter relating to
the individual's relationship to the donor or prospective donor unless
the person knows that the representation is untrue.
(d) A health care provider is immune from civil liability for
following a donor's unrevoked anatomical gift directive under this
chapter or IC 9-24-17.
(e) A hospital or a recovery agency is immune from civil liability for
determining in good faith and in compliance with this section that:
(1) an individual made a written anatomical gift; or
(2) an individual subsequently made a written revocation of an
anatomical gift.
(f) A person who, in good faith reliance upon a will, card, or other
document of gift, and without actual notice of the amendment,
revocation, or invalidity of the will, card, or document:
(1) takes possession of a decedent's body or performs or causes to
be performed surgical operations upon a decedent's body; or
(2) removes or causes to be removed organs, tissues, or other
parts from a decedent's body;
is not liable in damages in any civil action brought against the donor
for that act.

Legislative History

As added by P.L.147-2007, SEC.12. Amended by P.L.26-2021, SEC.6.