Alaska Statutes 13.52.253 – Effect of anatomical gift on advance health care directive
Terms Used In Alaska Statutes 13.52.253
- advance health care directive: means an individual instruction or a durable power of attorney for health care. See Alaska Statutes 13.52.390
- agent: means an individual designated in a durable power of attorney for health care to make a health care decision for the individual granting the power. See Alaska Statutes 13.52.390
- 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.
- health care: means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect an individual's physical or mental condition. See Alaska Statutes 13.52.390
- 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
Except as provided by Alaska Stat. § 13.52.055, if a prospective donor has an advance health care directive, and the terms of the directive and the express terms of a potential anatomical gift are in conflict with regard to the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy, the prospective donor’s attending physician and prospective donor shall confer to resolve the conflict. If the prospective donor is incapable of resolving the conflict, an agent acting under the prospective donor’s declaration or directive, or, if none or the agent is not reasonably available, another person authorized by law other than Alaska Stat. § 13.52.173 – 13.52.268 to make health care decisions on behalf of the prospective donor, shall act for the donor to resolve the conflict. The conflict shall be resolved as expeditiously as possible. Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift for the prospective donor under Alaska Stat. § 13.52.173 – 13.52.268. Before resolution of the conflict, measures necessary to ensure the medical suitability of the part may not be withheld or withdrawn from the prospective donor unless withholding or withdrawing the measures conflicts with appropriate end-of-life care.