Louisiana Revised Statutes 17:2354.3 – Authority to make an anatomical gift of a body or part
Terms Used In Louisiana Revised Statutes 17:2354.3
- 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
- Decedent: A deceased person.
- Decedent: means a deceased person whose body or part is or may be the source 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
- Part: means an organ, an eye, or tissue of a human being. See Louisiana Revised Statutes 17:2351
- 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 Louisiana Revised Statutes 17:2351
- Reasonably available: means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift. See Louisiana Revised Statutes 17:2351
- 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
A. Subject to Subsections B and C of this Section and unless barred by La. Rev. Stat. 17:2354.1 or 2354.2, an anatomical gift of the body or part of a decedent for the purpose of transplantation, therapy, research, or education may be made by any reasonably available member of the following classes, in the following order of priority:
(1) The agent who could have made an anatomical gift in accordance with La. Rev. Stat. 17:2352 immediately before the death of the decedent.
(2) The surviving spouse of the decedent.
(3) The adult children of the decedent.
(4) The parents of the decedent.
(5) The adult siblings of the decedent.
(6) The adult grandchildren of the decedent.
(7) The grandparents of the decedent.
(8) An adult who exhibited special care and concern for the decedent.
(9) The person acting as guardian of the decedent at the time of death.
(10) Any other person having the authority to dispose of the body of the decedent.
B. If there is more than one member of a class listed in Subsection A of this Section entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass in accordance with La. Rev. Stat. 17:2353 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.
C. A person may not make an anatomical gift if at the time of the death of the decedent, a person in a higher ranking class is reasonably available to make or to object to the making of an anatomical gift.
D. A person authorized to make an anatomical gift pursuant to La. Rev. Stat. 17:2352 or this Section may make an anatomical gift by any of the following:
(1) Verbally, by telephone, provided that the conversation is recorded and a record of such conversation is maintained.
(2) Verbally when expressed or given before two witnesses.
(3) Verbally, by telephone, provided that the conversation is witnessed.
Acts 1985, No. 311, §1; Acts 1986, No. 551, §1; Acts 1992, No. 642, §1, eff. Jan. 1, 1993; Acts 2010, No. 937, §2, eff. July 1, 2010.