RS 17:2352 Applicability; persons who may make an anatomical gift prior to the death of the donor
§2352. Persons who may execute an anatomical gift
A. Any individual who is competent to execute a will may give all or any part of his body for any of the purposes specified in R.S. 17:2353, the gift to take effect after death. The rights of the donee are superior to the rights of the surviving spouse and next of kin.
B. Unless he has knowledge that contrary directions have been given by the decedent, any of the following persons, in the order of priority stated, may give all or any part of a decedent's body for any of the purposes specified in R.S. 17:2353:
(1) The spouse if one survives; if not,
(2) An adult son or daughter,
(3) Either parent,
(4) An adult brother or sister,
(5) The guardian of the person of the decedent at the time of his death,
(6) Any other person authorized or under obligation to dispose of the body.
If there is no surviving spouse, and an adult son or daughter is not immediately available at the time of death, the gift may be made by either parent; if neither an adult son or daughter nor a parent is immediately available, it may be made by any adult brother or sister; but the donee shall not accept the gift if he or his agent has received notice that there is controversy within the class of relatives enabled under the above priorities to make the gift. The persons authorized by this subsection to make the gift may execute the document of gift either after death or immediately before death during a terminal illness or injury.
C. Any gift of all or part of a body is deemed to authorize such examination as may be necessary to assure medical acceptability of gift for the purposes intended.
D. No person shall disclose, disseminate or make public the fact of the making or acceptance of a gift authorized under the provisions of this Part without the prior specific consent of the donor, or if he is unable, that of the person authorized to make gifts under the provisions of Subsection (B) hereof in the order therein prescribed, unless otherwise required by law. Any person who makes any such disclosure as contemplated herein in violation of the provisions of this subsection shall be subject to absolute liability for damages in an amount of not less than five thousand dollars nor more than ten thousand dollars in a civil action instituted pursuant hereto by the person whose authorization therefor had not been obtained.
Acts 1968, No. 651, §1.