§ 23-18.6.1-7 - Refusal to make anatomical gift – Effect of refusal.
SECTION 23-18.6.1-7
§ 23-18.6.1-7 Refusal to make anatomicalgift – Effect of refusal. – (a) An individual may refuse to make an anatomical gift of the individual'sbody or part by:
(1) A record signed by:
(i) The individual; or
(ii) Subject to subsection (b), another individual acting atthe direction of the individual if the individual is physically unable to sign;
(2) The individual's will, whether or not the will isadmitted to probate or invalidated after the individual's death; or
(3) Any form of communication made by the individual duringthe individual's terminal illness or injury addressed to at least two (2)adults, at least one of whom is a disinterested witness.
(b) A record signed pursuant to paragraph (a)(1)(ii) must:
(1) Be witnessed by at least two (2) adults, at least one ofwhom is a disinterested witness, who have signed at the request of theindividual; and
(2) State that it has been signed and witnessed as providedin paragraph (1).
(c) An individual who has made a refusal may amend or revokethe refusal:
(1) In the manner provided in subsection (a) for making arefusal;
(2) By subsequently making an anatomical gift pursuant to theprovisions of this chapter that is inconsistent with the refusal; or
(3) By destroying or canceling the record evidencing therefusal, or the portion of the record used to make the refusal, with the intentto revoke the refusal.
(d) Except as otherwise provided in this chapter, in theabsence of an express, contrary indication by the individual set forth in therefusal, an individual's unrevoked refusal to make an anatomical gift of theindividual's body or part bars all other persons from making an anatomical giftof the individual's body or part.