Maine Revised Statutes Title 22 Sec. 2948 – Preclusive effect of anatomical gift, amendment or revocation
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1. Person other than donor barred. Except as otherwise provided in subsection 7, 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 a part if the donor made an anatomical gift of the donor’s body or the part under section 2945 or an amendment to an anatomical gift of the donor’s body or the part under section 2946.
[PL 2007, c. 601, §2 (NEW).]
Terms Used In Maine Revised Statutes Title 22 Sec. 2948
- 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
- Donor: The person who makes a gift.
- Donor: means an individual whose body or part is the subject of an anatomical gift. 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.
- Parent: means a parent whose parental rights have not been terminated. See Maine Revised Statutes Title 22 Sec. 2942
- Part: means an organ, an eye or tissue of a human being. See Maine Revised Statutes Title 22 Sec. 2942
- 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 Maine Revised Statutes Title 22 Sec. 2942
- 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 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
2. Revocation not refusal. A donor’s revocation of an anatomical gift of the donor’s body or a part under section 2946 is not a refusal and does not bar another person specified in section 2944 or 2949 from making an anatomical gift of the donor’s body or a part under section 2945 or 2950.
[PL 2007, c. 601, §2 (NEW).]
3. Effect of gift or amendment by person other than donor. If a person other than the donor makes an unrevoked anatomical gift of the donor’s body or a part under section 2945 or an amendment to an anatomical gift of the donor’s body or a part under section 2946, another person may not make, amend or revoke the gift of the donor’s body or part under section 2950.
[PL 2007, c. 601, §2 (NEW).]
4. Effect of revocation by person other than donor. A revocation of an anatomical gift of the donor’s body or a part under section 2946 by a person other than the donor does not bar another person from making an anatomical gift of the body or a part under section 2945 or 2950.
[PL 2007, c. 601, §2 (NEW).]
5. Effect of gift of a part or for a purpose. In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under section 2944:
A. 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 under section 2945 or 2950; and [PL 2007, c. 601, §2 (NEW).]
B. An anatomical gift of a part for one or more of the purposes set forth in section 2944 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 section 2945 or 2950. [PL 2007, c. 601, §2 (NEW).]
[PL 2007, c. 601, §2 (NEW).]
6. Donor unemancipated minor. If a donor who is an unemancipated minor dies under 18 years of age, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor’s body or part.
[PL 2007, c. 601, §2 (NEW).]
7. Parent‘s revocation of unemancipated minor’s refusal. If an unemancipated minor who signed a refusal dies under 18 years of age, a parent of the individual who is reasonably available may revoke the individual’s refusal.
[PL 2007, c. 601, §2 (NEW).]
SECTION HISTORY
PL 2007, c. 601, §2 (NEW).