Rhode Island General Laws 23-18.6.1-4. Who may make anatomical gift before donor’s death
Subject to the provisions of this chapter, an anatomical gift of a donor‘s body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education by:
(1) The donor, if the donor is an adult or if the donor is a minor and is:
(i) Emancipated; or
(ii) Authorized under state law to apply for a driver’s license because the donor is at least sixteen (16) years of age;
(2) An agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift;
(3) A parent of the donor, if the donor is an unemancipated minor; or
(4) The donor’s guardian.
History of Section.
P.L. 2007, ch. 476, § 2.
Terms Used In Rhode Island General Laws 23-18.6.1-4
- Adult: means an individual who is at least eighteen (18) years of age. See Rhode Island General Laws 23-18.6.1-2
- Agent: means an individual:
(i) Authorized to make health care decisions on the principal's behalf by a power of attorney for health care; or
(ii) Expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal. See Rhode Island General Laws 23-18.6.1-2
- Anatomical gift: means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education. See Rhode Island General Laws 23-18.6.1-2
- Donor: The person who makes a gift.
- Donor: means an individual whose body or part is the subject of an anatomical gift. See Rhode Island General Laws 23-18.6.1-2
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Minor: means an individual who is under eighteen (18) years of age. See Rhode Island General Laws 23-18.6.1-2
- Parent: means a parent whose parental rights have not been terminated. See Rhode Island General Laws 23-18.6.1-2
- Part: means an organ, an eye, or tissue of a human being. See Rhode Island General Laws 23-18.6.1-2
- 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 Rhode Island General Laws 23-18.6.1-2
- 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 Rhode Island General Laws 23-18.6.1-2