§ 34-26-57 — Manner of making, amending, or revoking anatomical gift of decedent's body or part.

South Dakota § 34-26-57

• Jurisdiction: South Dakota
• Title 34: PUBLIC HEALTH AND SAFETY
• Ch. 34-24C: CUSTODY AND DISPOSITION OF BODIES AND BODY PARTS

Text

(a) A person authorized to make an anatomical gift under § 34-26-56 may make an anatomical gift by a document of gift signed by the person making the gift or by that person's oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication. (b) Subject to subsection (c), an anatomical gift by a person authorized under § 34-26-56 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized under § 34-26-56 may be: (1) Amended only if a majority of the reasonably available members agree to the amending of the gift; or (2) Revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift. (c) A revocation under subsection (b) is effective only if, before an incision has been made to remove a part from the donor's body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation.

Legislative History

SL 2007, ch 197, § 10.