(a)  Subject to the provisions of this chapter, a donor or other person authorized to make an anatomical gift may amend or revoke an anatomical gift by:

(1)  A record signed by:

(i)  The donor;

(ii)  The other person so authorized; or

(iii)  Subject to subsection (b), another individual acting at the direction of the donor or the other person so authorized if the donor or other person is physically unable to sign; or

(2)  A later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.

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Terms Used In Rhode Island General Laws 23-18.6.1-6

  • 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 purpose of transplantation, therapy, research, or education. See Rhode Island General Laws 23-18.6.1-2
  • Disinterested witness: means a witness other than the spouse, 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. See Rhode Island General Laws 23-18.6.1-2
  • Document of gift: means inclusion in a donor registry, a donor card or other record used to make an anatomical gift. 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.
  • 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 Rhode Island General Laws 23-18.6.1-2
  • 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
  • Sign: means , with the present intent to authenticate or adopt a record:

    (i)  To execute or adopt a tangible symbol; or

    (ii)  To attach to or logically associate with the record an electronic symbol, sound, or process. See Rhode Island General Laws 23-18.6.1-2

(b)  A record signed pursuant to paragraph (a)(1)(iii) must:

(1)  Be witnessed by at least two (2) adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and

(2)  State that it has been signed and witnessed as provided in subdivision (1).

(c)  Subject to the provisions of this chapter, a donor or other person authorized to make an anatomical gift may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.

(d)  A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two (2) adults, at least one of whom is a disinterested witness.

(e)  A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in this chapter.

History of Section.
P.L. 2007, ch. 476, § 2.