Kentucky Statutes 311.1923 – Preclusive effect of anatomical gift, amendment, or revocation
Current as of: 2024 | Check for updates
|
Other versions
(1) Except as otherwise provided in subsection (7) of this section and subject to subsection (6) 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 KRS § 311.1917 or an amendment to an anatomical gift of the donor’s body or part under KRS § 311.1919.
(2) A donor’s revocation of an anatomical gift of the donor’s body or part under KRS
311.1919 is not a refusal and does not bar another person specified in KRS
311.1915 or 311.1925 from making an anatomical gift of the donor’s body or part under KRS § 311.1917 or 311.1927.
(3) If a person other than the donor makes an unrevoked anatomical gift of the donor’s body or part under KRS § 311.1917 or an amendment to an anatomical gift of the donor’s body or part under KRS § 311.1919, another person may not make, amend, or revoke the gift of the donor’s body or part under KRS § 311.1927.
(4) A revocation of an anatomical gift of a donor’s body or part under KRS § 311.1919 by a person other than the donor does not bar another person from making an anatomical gift of the body or part under KRS § 311.1917 or 311.1927.
(5) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under KRS § 311.1915, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.
(6) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under KRS § 311.1915, an anatomical gift of a part for one (1) or more of the purposes set forth in KRS § 311.1915 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 KRS § 311.1917 or 311.1927.
(7) 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.
(8) If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor’s refusal.
Effective: July 15, 2010
History: Created 2010 Ky. Acts ch. 161, sec. 7, effective July 15, 2010.
(2) A donor’s revocation of an anatomical gift of the donor’s body or part under KRS
Terms Used In Kentucky Statutes 311.1923
- 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.
- 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.
311.1919 is not a refusal and does not bar another person specified in KRS
311.1915 or 311.1925 from making an anatomical gift of the donor’s body or part under KRS § 311.1917 or 311.1927.
(3) If a person other than the donor makes an unrevoked anatomical gift of the donor’s body or part under KRS § 311.1917 or an amendment to an anatomical gift of the donor’s body or part under KRS § 311.1919, another person may not make, amend, or revoke the gift of the donor’s body or part under KRS § 311.1927.
(4) A revocation of an anatomical gift of a donor’s body or part under KRS § 311.1919 by a person other than the donor does not bar another person from making an anatomical gift of the body or part under KRS § 311.1917 or 311.1927.
(5) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under KRS § 311.1915, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.
(6) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under KRS § 311.1915, an anatomical gift of a part for one (1) or more of the purposes set forth in KRS § 311.1915 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 KRS § 311.1917 or 311.1927.
(7) 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.
(8) If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor’s refusal.
Effective: July 15, 2010
History: Created 2010 Ky. Acts ch. 161, sec. 7, effective July 15, 2010.