§ 23-06.6-06 — Refusal to make anatomical gift - Effect of refusal

North Dakota § 23-06.6-06

• Jurisdiction: North Dakota
• Title 23: Health and Safety
• Ch. 23-06.6: Uniform Anatomical Gift Act

Text

1. An individual may refuse to make an anatomical gift of the individual's body or part by:
a. A record signed by:
(1) The individual; or
(2) Subject to subsection 2, another individual acting at the direction of the
individual if the individual is physically unable to sign;
b. The individual's will regardless of whether 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 adults, at least one of whom is a
disinterested witness.
2. A record signed pursuant to paragraph 2 of subdivision a of subsection 1 must:
a. Be witnessed by at least two adults, at least one 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 subdivision a.
3. An individual who has made a refusal may amend or revoke the refusal:

a. In the manner provided in subsection 1 for making a refusal;
b. By subsequently making an anatomical gift pursuant to section 23-06.6-04 which
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 subsection 8 of section 23-06.6-07, 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.