Delaware Code Title 16 Sec. 2712 – Persons who may become donees, and purposes for which anatomical …
(a) An anatomical gift may be made to any of the following persons named in the document of gift:
(1) If for research or education, then to a hospital; accredited medical school, dental school, college or university; the organ procurement organization; or other appropriate person as permitted by law.
(2) 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.
(3) An eye bank or tissue bank.
(4) An organ procurement organization.
Terms Used In Delaware Code Title 16 Sec. 2712
- Anatomical gift: means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education. See Delaware Code Title 16 Sec. 2710
- Document of gift: means a donor card or other record used to make, amend, or revoke an anatomical gift. See Delaware Code Title 16 Sec. 2710
- Eye bank: means a person that is licensed, accredited or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage or distribution of human eyes or portions of human eyes. See Delaware Code Title 16 Sec. 2710
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Hospital: means a hospital licensed, accredited or approved under the laws of any state and includes a hospital operated by the United States government, a state or a subdivision thereof, although not required to be licensed under state laws. See Delaware Code Title 16 Sec. 2710
- Part: includes organs, tissues, eyes, bones, arteries, blood, other fluids and other portions of a human body, and "part" includes "parts. See Delaware Code Title 16 Sec. 2710
- Person: means an individual, corporation, government or governmental subdivision or agency, statutory trust, business trust, estate, trust, partnership or association or any other legal entity. See Delaware Code Title 16 Sec. 2710
- Recipient: means an individual into whose body a decedent's part has been or is intended to be transplanted. See Delaware Code Title 16 Sec. 2710
- Tissue bank: means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue. See Delaware Code Title 16 Sec. 2710
(b) If an anatomical gift to an individual under paragraph (a)(2) of this section cannot be transplanted into the individual, the part passes in accordance with subsection (c) of this section in the absence of a known objection by the person making the anatomical gift.
(c) An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under paragraph (a)(2) of this section, passes to the organ procurement organization.
(d) If the intended purpose or recipient of an anatomical gift is not known the following shall apply:
(1) If the part is an eye, the gift passes to the appropriate eye bank.
(2) If the part is tissue, the gift passes to the appropriate tissue bank.
(3) If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ.
(e) If a document of gift provides for multiple purposes without indicating priority, and transplantation and therapy is one of the purposes, then transplantation and therapy shall be the priority, and the gift, if suitable, shall pass to the appropriate organ procurement organization. If the gift cannot be used for transplantation or therapy, the gift may then be used for any of the other permitted purposes.
(f) If an anatomical gift 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 (d) of this section.
24 Del. C. 1953, § ?1782; 57 Del. Laws, c. 445, § ?2; 65 Del. Laws, c. 487, § ?3; 70 Del. Laws, c. 186, § ?1; 71 Del. Laws, c. 453, § ?3; 80 Del. Laws, c. 182, § ?1;