Delaware Code Title 16 Sec. 2716 – Rights and duties at death
(a) The donee may accept or reject the gift. If the donee accepts a gift of the entire body, the donee may, subject to the terms of the gift, authorize embalming and the use of the body in funeral services. If the gift is of a part of the body, the donee, upon the death of the donor and prior to embalming, shall cause the part to be removed without unnecessary mutilation. After removal of the part, custody of the remainder of the body vests in the surviving spouse, next of kin or other persons under obligation to dispose of the body. The heir of any donor, at the time the disposition of the body takes place, may submit a request in writing to the donee that the body be returned to the heir at such time as the donee either refuses the disposition of the entire body or the parts thereof or determines that the donee no longer has use of the remains.
Terms Used In Delaware Code Title 16 Sec. 2716
- 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
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Director: means the Director of the Division of Public Health, or such persons as may be designated by the Director. See Delaware Code Title 16 Sec. 101
- Donee: The recipient of a gift.
- Donee: means a person authorized to receive an anatomical gift. See Delaware Code Title 16 Sec. 2710
- Donor: The person who makes a gift.
- Donor: means an individual who makes a gift of all or part of the individual's body. 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.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- OPO: means the federally certified organ procurement organization for the State. 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
- Recovery specialist: means a medical professional licensed by this or another state or technician trained in accordance with federal standards pursuant to 42 U. See Delaware Code Title 16 Sec. 2710
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- State: includes a state, district, commonwealth, territory, insular possession and any other area subject to the legislative authority of the United States of America. See Delaware Code Title 16 Sec. 2710
- surgeon: means a physician or surgeon licensed or authorized to practice under the laws of any state. See Delaware Code Title 16 Sec. 2710
(b) A surgeon, physician, funeral director, recovery specialist or eye bank technician who is authorized to remove any part in accordance with this subchapter is also authorized to draw or secure a blood sample from the donor, in order to screen the tissue received for medical purposes.
(c) The time of death shall be determined by a physician who attends the donor at the donor’s death or, if none, the physician who certifies the death. This physician shall not participate in the procedures for removing or transplanting a part.
(d) A person who acts in good faith in accord with the terms of this subchapter or under the anatomical gift laws of another state (or a foreign country) is not liable for damages in any civil action or subject to prosecution in any criminal proceeding for that act.
(e) Where no other provision for the same exists, a body, or the remains thereof, after it is no longer needed for the purpose indicated by the donor, may be buried at public expense on order of the Medical Council of Delaware, but in no case shall the expense of the burial exceed $100.
(f) This subchapter is subject to the laws of this State prescribing powers and duties with respect to autopsies. The OPO is authorized to obtain a copy of an autopsy report in a timely fashion upon request and payment of reasonable copying fees.
24 Del. C. 1953, § ?1786; 57 Del. Laws, c. 445, § ?2; 65 Del. Laws, c. 335, §§ ?1, 2; 65 Del. Laws, c. 487, § ?3; 70 Del. Laws, c. 186, § ?1; 71 Del. Laws, c. 453, § ?5; 80 Del. Laws, c. 182, § ?1;