Louisiana Revised Statutes 17:2354.2 – Preclusive effect of anatomical gift; amendment; revocation
Terms Used In Louisiana Revised Statutes 17:2354.2
- 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
- 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
- Refusal: means a record created pursuant to the provisions of Louisiana Revised Statutes 17:2351
A. Except as otherwise provided in Subsection G of this Section and subject to Subsection F 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 the body or part of the donor if the gift complies with La. Rev. Stat. 17:2354 or 2356.
B. A revocation of a gift in accordance with La. Rev. Stat. 17:2356 is not a refusal and does not bar another person from making an anatomical gift of the body or part of the donor in accordance with this Part.
C. If a person other than the donor makes an unrevoked anatomical gift of the body or part or the donor in accordance with La. Rev. Stat. 17:2354 or amends a gift of the body or part of the donor in accordance with La. Rev. Stat. 17:2356, another person may not make, amend, or revoke the gift in accordance with La. Rev. Stat. 17:2356.
D. A revocation of an anatomical gift of the body or part of a donor in accordance with La. Rev. Stat. 17:2356 by a person other than the donor does not bar another person from making an anatomical gift of the body or part in accordance with La. Rev. Stat. 17:2354 or 2356.
E. In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of a gift of another part at a later time by the donor or another person.
F. In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift, an anatomical gift of a part for one or more of the purposes in La. Rev. Stat. 17:2352 is not a limitation on the making of an anatomical gift of the part for any other purpose in accordance with La. Rev. Stat. 17:2354 or 2356.
G. If an unemancipated minor donor dies, his reasonably available parent may revoke or amend the anatomical gift.
Added by Acts 1980, No. 529, §1; Acts 1992, No. 642, §1, eff. Jan. 1, 1993; Acts 2010, No. 937, §2, eff. July 1, 2010.