Louisiana Revised Statutes 17:2352 – Applicability; persons who may make an anatomical gift prior to the death of the donor
Terms Used In Louisiana Revised Statutes 17:2352
- Adult: means a person who has attained eighteen years of age. See Louisiana Revised Statutes 17:2351
- Agent: means a person:
(a) Authorized to make health care decisions on behalf of the principal by a power of attorney for health care; or
(b) Expressly authorized to make an anatomical gift on behalf of the principal by any other record signed by the principal. See Louisiana Revised Statutes 17:2351
- 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.
- Donor: means a person whose body or part is the subject of an anatomical gift. See Louisiana Revised Statutes 17:2351
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- gift: means a donation of all or part of a human body to take effect after the death of the donor for the purpose of transplantation, therapy, research, or education. See Louisiana Revised Statutes 17:2351
- Minor: means a person who has not yet attained eighteen years of age. See Louisiana Revised Statutes 17:2351
- Parent: means a person whose parental rights have not been terminated. See Louisiana Revised Statutes 17:2351
- Part: means an organ, an eye, or tissue of a human being. See Louisiana Revised Statutes 17:2351
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Louisiana Revised Statutes 17:2351
- Refusal: means a record created pursuant to the provisions of Louisiana Revised Statutes 17:2351
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Louisiana Revised Statutes 17:2351
A. The provisions of this Part shall apply to an anatomical gift or amendment, revocation, or refusal to make an anatomical gift.
B. Subject to the provisions of La. Rev. Stat. 17:2354.2, an anatomical gift of a body or part of the donor may be made during his life for the purpose of transplantation, therapy, research, or education as provided in La. Rev. Stat. 17:2354 by any of the following:
(1) An adult donor.
(2) A minor donor, if he has been emancipated or authorized under state law to apply for a driver’s license.
(3) An agent of the donor, unless the power of attorney for health care or other record prohibits it.
(4) A parent of the donor, if he is an unemancipated minor.
(5) The guardian of the donor.
Acts 1968, No. 651, §1; Acts 2010, No. 937, §2, eff. July 1, 2010.