§ 71-4834 — Persons that may receive anatomical gift; purpose of anatomical gift

Nebraska § 71-4834

• Jurisdiction: Nebraska
• Ch. 71: Public Health and Welfare

Text

(a) An anatomical gift may be made to the following persons
named in the document of gift:
(1) A hospital;
the State Anatomical Board; an accredited medical school, dental school, college,
or university; an organ procurement organization; or any other appropriate
person, for research or education;
(2) Subject to subsection (b) of this section,
an individual designated by the person making the anatomical gift if the individual
is the recipient of the part; or
(3) An eye bank or tissue bank.
(b) If an
anatomical gift to an individual under subdivision (a)(2) of this section
cannot be transplanted into the individual, the part passes in accordance
with subsection (g) of this section in the absence of an express, contrary
indication by the person making the anatomical gift.
(c) If an anatomical
gift of one or more specific parts or of all parts is made in a document of
gift that does not name a person described in subsection (a) of this section
but identifies the purpose 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 transplantation
or therapy, the gift passes to the appropriate eye bank;
(2) If the
part is tissue and the gift is for the purpose of transplantation or therapy,
the gift passes to the appropriate tissue bank;
(3) If the part is an
organ and the gift is for the purpose of transplantation or therapy, the gift
passes to the appropriate organ procurement organization as custodian of the
organ;
(4) If the part is an organ, an eye, or tissue and the gift is
for the purpose of research or education, the gift passes to the appropriate
procurement organization; and
(5) If the gift is any part other than an organ, an
eye, or tissue, or the gift is all parts, and the gift is for the purpose
of research or education, the gift passes to the State Anatomical Board.
(d) For the
purpose of subsection (c) of this section, if there is more than one purpose
of an anatomical gift set forth in the document of gift but the purposes are
not set forth in any priority, the gift must be used for transplantation or
therapy, if suitable. If the gift cannot be used for transplantation or therapy,
the gift may be used for research or education.
(e) If an anatomical
gift of one or more specific parts is made in a document of gift that does
not name a person described in subsection (a) of this section and does not
identify the purpose of the gift, the gift may be used only for transplantation
or therapy, and the gift passes in accordance with subsection (g) of this
section.
(f) If a document of gift specifies only a general intent to make
an anatomical gift by words such as donor, organ donor, or body donor, or
by a symbol or statement of similar import, the gift may be used only for
transplantation or therapy, and the gift passes in accordance with subsection
(g) of this section.
(g) For purposes of subsections (b), (e),
and (f) of this section the following 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; and
(3)
If the part is an organ, the gift passes to the appropriate organ procurement
organization as custodian of the organ.
(h) An anatomical gift of an organ for
transplantation or therapy, other than an anatomical gift under subdivision
(a)(2) of this section, passes to the organ procurement organization as custodian
of the organ.
(i) If an anatomical gift does not pass pursuant to subsections
(a) through (h) of this section or the decedent's body or part is not used
for transplantation, therapy, research, or education, custody of the body
or part passes to the person under obligation to dispose of the body or part.
(j)
A person may not accept an anatomical gift if the person knows that the gift
was not effectively made under section 71-4828 or 71-4833 or if the person
knows that the decedent made a refusal under section 71-4830 that was not
revoked. For purposes of this subsection, if a person knows that an anatomical
gift was made on a document of gift, the person is deemed to know of any amendment
or revocation of the gift or any refusal to make an anatomical gift on the
same document of gift.
(k) Except as otherwise provided in subdivision
(a)(2) of this section, nothing in the Revised Uniform Anatomical Gift Act
affects the allocation of organs for transplantation or therapy.

Legislative History

Source: Laws 2010, LB1036, § 11.