§ 4301 — Persons who may execute an anatomical gift

§ 4301. Persons who may execute an anatomical gift. 1. (a) Any\nindividual of sound mind and eighteen years of age or more may make an\nanatomical gift to take effect upon their death for any purpose\nspecified in section forty-three hundred two of this article, limit an\nanatomical gift to one or more of those purposes, or refuse to make an\nanatomical gift. In any case where the donor has a properly executed\ndocument of gift authorization for donation shall not be rescinded or\namended by any other person except upon a showing that the donor revoked\nthe authorization pursuant to section forty-three hundred five of this\narticle.\n (b) Any person who is sixteen or seventeen years of age and of sound\nmind may make an anatomical gift to take effect upon their death for any\npurpose specified in section forty-three hundred two of this article,\nlimit an anatomical gift to one or more of those purposes, or refuse to\nmake an anatomical gift. In any case where the donor has a properly\nexecuted document of gift, notice of such gift shall be provided to the\ndonor's parents or guardians, and authorization for donation may be\nrescinded or amended by an objection by a parent or guardian of the\ndonor at the time of death and prior to the recovery of any organ or\ntissue if the donor is less than eighteen years of age. An anatomical\ngift made by an individual more than sixteen years of age but less than\neighteen shall otherwise not be rescinded, except upon a showing that\nthe donor revoked the authorization pursuant to section forty-three\nhundred five of this article. Upon the donor reaching the age of\neighteen, the donor's consent to donate his or her organs or tissue\nshall be regarded as consent for authorization to make an anatomical\ngift pursuant to paragraph (a) of this subdivision.\n (c) In the absence of an express, contrary indication by the donor, an\nanatomical gift of a part is neither a refusal to give other parts nor a\nlimitation on an individual's ability to make an anatomical gift under\nsubdivision two of this section.\n 2. (a) In the absence of a gift made by the donor under subdivision\none of this section, and in the absence of actual notice of contrary\nindications by the decedent, including religious or moral objections, an\nanatomical gift of the decedent's body may be made by any member of the\nfollowing classes of persons who is reasonably available, in the order\nof priority listed, for any purpose specified in section forty-three\nhundred two of this article:\n (i) the person designated as the decedent's health care agent under\narticle twenty-nine-C of this chapter, subject to any written statement\nin the health care proxy form,\n (ii) the person designated as the decedent's agent in a written\ninstrument under article forty-two of this chapter, subject to any\nwritten statement in the written instrument,\n (iii) the spouse, if not legally separated from the patient, or the\ndomestic partner,\n (iv) a son or daughter eighteen years of age or older,\n (v) either parent,\n (vi) a brother or sister eighteen years of age or older,\n (vii) an adult grandchild of the decedent,\n (viii) a grandparent of the decedent,\n (ix) a guardian of the person of the decedent at the time of his or\nher death,\n (x) a close friend as defined in subdivision four of section\ntwenty-nine hundred ninety-four-a of this chapter, or\n (xi) any other person authorized or under the obligation to dispose of\nthe body.\n (b) If there is more than one member of a class listed in subparagraph\n(iv), (vi), (vii), (viii), or (x) of paragraph (a) of this subdivision\nentitled to make an anatomical gift, an anatomical gift may be made by a\nmember of the class unless that member or person knows of an objection\nby another member of the class. If an objection is known, the gift may\nbe made only by a majority of the members of the class who are\nreasonably available.\n 3. An anatomical gift may not be made by a person listed in\nsubdivision two of this section if:\n (a) a person in a prior class is reasonably available;\n (b) the person proposing to make an anatomical gift knows of a refusal\nor contrary indications by the decedent, including that an anatomical\ngift is contrary to the decedent's religious or moral beliefs.\n 4. Any gift by a person designated in subdivision two of this section\nshall be by a document signed by him or her or made by his or her\ntelegraphic, recorded telephonic, or other recorded message. Where a\ngift is made under this subdivision, either: (a) the authorizing party\nshall indicate in the document or message that he or she has no actual\nnotice of contrary indications by the decedent and no reason to believe\nthat an anatomical gift is contrary to the decedent's religious or moral\nbeliefs; or (b) an agent of the organ procurement organization or of the\ndonee shall make reasonable efforts to inquire of the authorizing party\nor otherwise determine that the authorizing party has no actual notice\nof contrary indications by the decedent and no reason to believe that an\nanatomical gift is contrary to the decedent's religious or moral\nbeliefs.\n 5. The donee shall not accept the gift under the following\ncircumstances:\n (a) the donee has actual notice of contrary indication by the\ndecedent;\n (b) where an anatomical gift is not properly made pursuant to this\nsection; or\n (c) the donee has reason to believe that an anatomical gift is\ncontrary to the decedent's religious or moral beliefs.\n 6. A gift of all or part of a body authorizes any examination\nnecessary to assure medical acceptability of gift for the purposes\nintended.\n 7. The rights of the donee created by the gift are paramount to the\nrights of others except as provided by section forty-three hundred eight\nof this article.\n 8. The person who documents the making, amending or revoking of an\nanatomical gift, acting reasonably and in good faith in accordance with\nthis article, may accept an anatomical gift under this article made by a\nperson who represents that he or she is entitled to consent to the\ndonation.\n