(a)An anatomical gift may be made to the following
persons named in the document of gift:
(i)For purposes of research or education, a
hospital, accredited medical school, dental school, college or
university, organ procurement organization or any appropriate
person;
(ii)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;
(iii)A named eye bank or tissue bank;
(iv)A person certified by a state or local law
enforcement agency to train search and rescue animals.
(b)If an anatomical gift to an individual under paragraph
(a)(ii) 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, cont
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(a) An anatomical gift may be made to the following
persons named in the document of gift:
(i) For purposes of research or education, a
hospital, accredited medical school, dental school, college or
university, organ procurement organization or any appropriate
person;
(ii) 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;
(iii) A named eye bank or tissue bank;
(iv) A person certified by a state or local law
enforcement agency to train search and rescue animals.
(b) If an anatomical gift to an individual under paragraph
(a)(ii) 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 (1) 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:
(i) 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;
(ii) If the part is tissue and the gift is for the
purpose of transplantation or therapy, the gift passes to the
appropriate tissue bank;
(iii) 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;
(iv) 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.
(d) For the purpose of subsection (c) of this section, if
there is more than one (1) purpose of an anatomical gift set
forth in the document of gift but the purposes are not set forth
in any priority, the gift shall 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 (1) 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:
(i) If the part is an eye, the gift passes to the
appropriate eye bank;
(ii) If the part is tissue, the gift passes to the
appropriate tissue bank;
(iii) 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 paragraph (a)(ii)
of this section, passes to the organ procurement organization as
custodian of the organ.
(j) 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.
(k) A person may not accept an anatomical gift if the
person knows that the gift was not effectively made under W.S.
35-5-205 or 35-5-210 or if the person knows that the decedent
made a refusal under W.S. 35-5-207 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.
(m) Except as otherwise provided in paragraph (a)(ii) of
this section, nothing in this act affects the allocation of
organs for transplantation or therapy.