36-850. Persons who may receive anatomical gifts; purpose of anatomical gift

A. An anatomical gift may be made to the following named in the document of gift:

1. An organ procurement organization.

2. A hospital, accredited medical school, dental school, college, university, procurement organization or any other appropriate person, for research or education.

3. Subject to the requirements of subsection B of this section, an individual designated by the person making the anatomical gift if the individual is the recipient of the part.

4. An eye bank or a tissue bank.

B. If an anatomical gift to an individual pursuant to subsection A, paragraph 3 of this section cannot be transplanted into the individual, the part passes pursuant to subsection G of this section in the absence of an express contrary indication by the person making the anatomical gift.

C. If an anatomical gift of one or more specific parts or of all parts is made in a document of gift that does not name a person described in subsection A of this section but that identifies the purpose for which an anatomical gift may be used, the gift passes:

1. To the appropriate eye bank if the part is an eye and the gift is for the purpose of transplantation or therapy.

2. To the appropriate tissue bank if the part is tissue and the gift is for the purpose of transplantation or therapy.

3. To the organ procurement organization as custodian of the organ if the part is an organ and the gift is for the purpose of transplantation or therapy.

4. To the appropriate procurement organization if the part is an organ, an eye or tissue and the gift is for the purpose of research or education.

D. For the purposes of subsection C of this section, if there is more than one purpose of an anatomical gift stated in the document of gift but the purposes are not stated in any priority, the gift must be used for transplantation or therapy, if suitable. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education.

E. If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person described in subsection A of this section and does not identify the purpose of the gift, the gift may be used only for transplantation or therapy and the gift passes pursuant to subsection G of this section.

F. If a document of gift specifies only a general intent to make an anatomical gift by words such as " donor" , " organ donor" or " body donor" , or by a symbol or statement of similar import, the gift may be used only for transplantation or therapy and the gift passes pursuant to subsection G of this section.

G. For the purposes of subsections B, E and F of this section:

1. If the part is an eye, the gift passes to the appropriate eye bank.

2. If the part is tissue, the gift passes to the appropriate tissue bank.

3. If the part is an organ, the gift passes to the organ procurement organization as custodian of the organ.

H. An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift pursuant to subsection A, paragraph 3 of this section, passes to the organ procurement organization as custodian of the organ.

I. If an anatomical gift does not pass pursuant to subsection A, B, C, D, E, F, G or H of this section or the decedent's body or part is not used for transplantation, therapy, research or education, custody of the body or part passes to the person who is under an obligation to dispose of the body or part pursuant to section 36-831.

J. A person may not accept an anatomical gift if the person knows that the gift was not effectively made pursuant to section 36-844 or 36-849 or if the person knows that the decedent made a refusal pursuant to section 36-846 that was not revoked. For the purposes of this subsection, if a person knows that an anatomical gift was made in a document of gift, the person is deemed to know of any amendment of the gift, revocation of the gift or refusal to make an anatomical gift in the same document of gift.

K. Except as otherwise provided in subsection A, paragraph 3 of this section, this article does not affect the allocation of organs for transplantation or therapy.