Maine Revised Statutes Title 22 Sec. 2947 – Refusal to make anatomical gift and effect of refusal
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1. Refusal of individual. An individual may refuse to make an anatomical gift of the individual’s body or part by:
A. A record signed by:
(1) The individual; or
(2) Subject to subsection 2, another individual acting at the direction of the individual if the individual is physically unable to sign; [PL 2007, c. 601, §2 (NEW).]
B. The individual’s will whether or not the will is admitted to probate or invalidated after the individual’s death; or [PL 2007, c. 601, §2 (NEW).]
C. Any form of communication made by the individual during the individual’s terminal illness or injury addressed to at least 2 other individuals who are at least 18 years of age, one of whom is a disinterested witness. [PL 2007, c. 601, §2 (NEW).]
[PL 2007, c. 601, §2 (NEW).]
Terms Used In Maine Revised Statutes Title 22 Sec. 2947
- 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 Maine Revised Statutes Title 22 Sec. 2942
- Disinterested witness: means a witness other than the spouse, domestic partner, child, parent, sibling, grandchild, grandparent or guardian of the individual who makes, amends, revokes or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the individual and who is familiar with the individual's personal values. See Maine Revised Statutes Title 22 Sec. 2942
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Part: means an organ, an eye or tissue of a human being. See Maine Revised Statutes Title 22 Sec. 2942
- Probate: Proving a will
- 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 Maine Revised Statutes Title 22 Sec. 2942
- Refusal: means a record created under section 2947 that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or part. See Maine Revised Statutes Title 22 Sec. 2942
- Sign: means , with the present intent to authenticate or adopt a record:
2. Individual acting at direction of individual. A record signed pursuant to subsection 1, paragraph A, subparagraph (2) must:
A. Be witnessed by at least 2 other individuals who are at least 18 years of age, one of whom is a disinterested witness, who have signed at the request of the individual; and [PL 2007, c. 601, §2 (NEW).]
B. State that it has been signed and witnessed as provided in paragraph A. [PL 2007, c. 601, §2 (NEW).]
[PL 2007, c. 601, §2 (NEW).]
3. Amendment or revocation by individual. An individual may amend or revoke a refusal:
B. By subsequently making an anatomical gift pursuant to section 2945 that is inconsistent with the refusal; or [PL 2007, c. 601, §2 (NEW).]
C. By the destruction or cancellation of the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal. [PL 2007, c. 601, §2 (NEW).]
[PL 2007, c. 601, §2 (NEW).]
4. Effect of unrevoked refusal. Except as otherwise provided in section 2948, subsection 7, in the absence of an express, contrary indication by the individual set forth in the refusal, an individual’s unrevoked refusal to make an anatomical gift of the individual’s body or a part bars all other persons from making an anatomical gift of the individual’s body or the part.
[PL 2007, c. 601, §2 (NEW).]
SECTION HISTORY
PL 2007, c. 601, §2 (NEW).