(a) An anatomical gift of a body or body part may be made to the following persons:

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Terms Used In Hawaii Revised Statutes 327-11

  • 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 part of a human body to take effect after the donor's death for the purposes of transplantation, therapy, research, or education. See Hawaii Revised Statutes 327-2
  • Body part: means an eye or other organ, or tissue of a human being. See Hawaii Revised Statutes 327-2
  • Decedent: A deceased person.
  • Decedent: means a deceased individual whose body or body part is or may be the source of an anatomical gift. See Hawaii Revised Statutes 327-2
  • Document of gift: means a donor card or other record used to make an anatomical gift. See Hawaii Revised Statutes 327-2
  • 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 Hawaii Revised Statutes 327-2
  • 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 facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state. See Hawaii Revised Statutes 327-2
  • Know: means to have actual knowledge. See Hawaii Revised Statutes 327-2
  • 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.
  • Organ procurement organization: means a person designated by the United States Secretary of Health and Human Services as an organ procurement organization. See Hawaii Revised Statutes 327-2
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Hawaii Revised Statutes 327-2
  • Procurement organization: means an eye bank, organ procurement organization, or tissue bank. See Hawaii Revised Statutes 327-2
  • Recipient: means an individual into whose body a decedent's body part has been or is intended to be transplanted. See Hawaii Revised Statutes 327-2
  • Refusal: means a record created under § 327-7 that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or body part. See Hawaii Revised Statutes 327-2
  • Tissue: means a portion of the human body other than an organ or an eye. See Hawaii Revised Statutes 327-2
  • 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 Hawaii Revised Statutes 327-2
(1) A named hospital, accredited medical school, dental school, college, university, or procurement organization for research or education;
(2) A named individual designated by the person making the anatomical gift if the individual is the recipient of the body part; or, if the body part for any reason cannot be transplanted into the individual, the body part shall pass in accordance with subsection (f) in the absence of an express, contrary indication by the person making the anatomical gift; or
(3) A named eye bank or tissue bank.
(b) If an anatomical gift of one or more specific body parts or of all body parts is made in a document of gift that does not name a person described in subsection (a) but identifies the purpose for which an anatomical gift may be used, the following rules shall apply:

(1) If the body part is an eye and the gift is for transplantation or therapy, the gift shall pass to the appropriate eye bank;
(2) If the body part is tissue and the gift is for transplantation or therapy, the gift shall pass to the appropriate tissue bank;
(3) If the body part is an organ and the gift is for transplantation or therapy, the gift shall pass to the appropriate organ procurement organization as custodian of the organ; and
(4) If the body part is an organ, an eye, or tissue and the gift is for research or education, the gift shall pass to the appropriate procurement organization.
(c) For the purpose of subsection (h), if there is more than one 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 for those purposes and, if the gift cannot be used for transplantation or therapy, the gift may be used for research or education.
(d) If an anatomical gift of one or more specific body parts is made in a document of gift that does not name a person described in subsection (a) and does not identify the purpose of the gift, the decedent‘s body parts may be used only for transplantation or therapy, and the gift shall pass in accordance with subsection (f).
(e) 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 decedent‘s body parts may be used only for transplantation or therapy, and the gift shall pass in accordance with subsection (f).
(f) For purposes of subsections (a)(2), (c), and (d), the following rules shall apply:

(1) If the body part is an eye, the gift shall pass to the appropriate eye bank;
(2) If the body part is tissue, the gift shall pass to the appropriate tissue bank; and
(3) If the body part is an organ, the gift shall pass to the appropriate organ procurement organization as custodian of the organ.
(g) An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under subsection (a)(2), shall pass to the organ procurement organization as custodian of the organ.
(h) If an anatomical gift does not pass pursuant to subsections (a) through (g), or the decedent’s body or body part is not used for transplantation, therapy, research, or education, custody of the body or body part shall pass to the person under obligation to dispose of the body or body part.
(i) A person may not accept an anatomical gift if the person knows that the gift was not effectively made under section donor‘s death” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”HI”>327-5 or 327-10 or if the person knows that the decedent made a refusal under § 327-7 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.
(j) Except as otherwise provided in subsection (a)(2), nothing in this part shall affect the allocation of organs for transplantation or therapy.

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