(a) Except as otherwise provided in (g) of this section and subject to (f) of this section, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor’s body or part if the donor made an anatomical gift of the donor’s body or part under Alaska Stat. § 13.52.177 or an amendment to an anatomical gift of the donor’s body or part under Alaska Stat. § 13.52.183.

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Terms Used In Alaska Statutes 13.52.193

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • anatomical gift: means a donation of all or a part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education. See Alaska Statutes 13.52.390
  • available: means , when referring to a person, that the
    (A) person's existence is known. See Alaska Statutes 13.52.390
  • Donor: The person who makes a gift.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • part: means an organ, tissue, or an eye of a human being, except fetal tissue. See Alaska Statutes 13.52.390
  • person: means an individual, corporation, business trust, estate, trust, partnership, joint venture, association, government, governmental subdivision, governmental agency, or another legal or commercial entity. See Alaska Statutes 13.52.390
  • reasonably available: means available using a level of diligence appropriate to the seriousness and urgency of an individual's health care needs. See Alaska Statutes 13.52.390
(b) A donor’s revocation of an anatomical gift of the donor’s body or part under Alaska Stat. § 13.52.183 is not a refusal and does not bar another person specified in Alaska Stat. § 13.52.173 or 13.52.197 from making an anatomical gift of the donor’s body or part under Alaska Stat. § 13.52.177 or 13.52.203.
(c) If a person other than the donor makes an unrevoked anatomical gift of the donor’s body or part under Alaska Stat. § 13.52.177 or an amendment to an anatomical gift of the donor’s body or part under Alaska Stat. § 13.52.183, another person may not make, amend, or revoke the gift of the donor’s body or part under Alaska Stat. § 13.52.203.
(d) A revocation of an anatomical gift of a donor’s body or part under Alaska Stat. § 13.52.183 by a person other than the donor does not bar another person from making an anatomical gift of the body or part under Alaska Stat. § 13.52.177 or 13.52.203.
(e) In the absence of an express, contrary indication by the donor or another person authorized to make an anatomical gift under Alaska Stat. § 13.52.173, an anatomical gift of a part is not a refusal to give another part or a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.
(f) In the absence of an express, contrary indication by the donor or another person authorized to make an anatomical gift under Alaska Stat. § 13.52.173, an anatomical gift of a part for one or more of the purposes set out in Alaska Stat. § 13.52.173 is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under Alaska Stat. § 13.52.177 or 13.52.203.
(g) If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor’s body or part.
(h) If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor’s refusal.