Vermont Statutes Title 18 Sec. 5250h
Terms Used In Vermont Statutes Title 18 Sec. 5250h
- 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
- Donor: The person who makes a gift.
- Donor: means an individual whose body or part is the subject of an anatomical gift. See
- 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 18 years of age. See
- Parent: means a parent whose parental rights have not been terminated. See
- Part: means an organ, an eye, or tissue of a human being. See
- 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
- 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
- Refusal: means a record created under section 5250g of this title that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or part. See
§ 5250h. Preclusive effect of anatomical gift, amendment, or revocation
(a) Except as otherwise provided in subsection (g) of this section and subject to subsection (f) of 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 under section 5250e of this title or an amendment to an anatomical gift of the donor’s body or part under section 5250f of this title.
(b) A donor’s revocation of an anatomical gift of the donor’s body or part under section 5250f of this title is not a refusal and does not bar another person specified in section 5250d or 5250i of this title from making an anatomical gift of the donor’s body or part under section 5250e or 5250j of this title.
(c) If a person other than the donor makes an unrevoked anatomical gift of the donor’s body or part under section 5250e of this title or an amendment to an anatomical gift of the donor’s body or part under section 5250f of this title, another person may not make, amend, or revoke the gift of the donor’s body or part under section 5250j of this title.
(d) A revocation of an anatomical gift of a donor’s body or part under section 5250f of this title by a person other than the donor does not bar another person from making an anatomical gift of the body or part under section 5250e or 5250j of this title.
(e) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under section 5250d of this title, 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 under section 5250d of this title, an anatomical gift of a part for one or more of the purposes set forth in that section 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 5250e or 5250j of this title.
(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. (Added 2009, No. 119 (Adj. Sess.), § 1.)