(a)  Except as otherwise provided in 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 a donor’s body or part if the donor made an anatomical gift of the donor’s body or part in accordance with the provisions of this chapter.

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Terms Used In Rhode Island General Laws 23-18.6.1-8

  • 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
  • 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
  • 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
  • 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 Rhode Island General Laws 23-18.6.1-2
  • Refusal: means a record created under Rhode Island General Laws 23-18.6.1-2

(b)  A donor’s revocation of an anatomical gift of the donor’s body or part shall not be a refusal and does not bar another authorized person specified in this chapter from making an anatomical gift of the donor’s body or part.

(c)  If a person other than the donor makes an unrevoked anatomical gift of the donor’s body or part, or an amendment to an anatomical gift of the donor’s body or part, another person may not make, amend, or revoke the gift of the donor’s body or part under the provisions of this chapter.

(d)  A revocation of an anatomical gift of a donor’s body or part by a person other than the donor does not bar another person from making an anatomical gift of the body or part under the provisions of this chapter.

(e)  In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift in accordance with this chapter, 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.

(f)  In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift in accordance with this chapter, an anatomical gift of a part for one or more of the purposes set forth in § 23-18.6.1-4 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 the provisions of this chapter.

(g)  If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor’s body or part.

(h)  If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor’s refusal.

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