§ 5244 - Rights and duties at death
§ 5244. Rights and duties at death
(a) Rights of a donee created by an anatomical gift are superior to rights of others except with respect to autopsies under section 5247 of this title. A donee may accept or reject an anatomical gift. If a donee accepts an anatomical gift of an entire body, the donee, subject to the terms of the gift, may allow embalming and use of the body in funeral services. If the gift is of a part of a body, the donee, upon the death of the individual and before embalming, shall cause the part to be removed without unnecessary mutilation. After removal of the part, custody of the remainder of the body vests in the person under obligation to dispose of the body. If the donee is under obligation to dispose of the body, the donee must have the body decently buried or cremated.
(b) The time of death must be determined by a physician who attends the individual at death, or, if none, the physician who certifies the death. Neither the physician who attends the individual at death nor the physician who determines the time of death may participate in the procedures for removing or transplanting a part. The term "procedures" as used in this section shall include the actual physical removal and transplantation of a part, but shall not include the consent, process, disposal, preservation, quality control, storage, transportation or scientific research involving a part.
(c) If there has been an anatomical gift, a technician or physician authorized by the donee may remove any donated parts and an enucleator may remove any donated eyes or parts of eyes, after determination of death by a physician. (Added 1989, No. 273 (Adj. Sess.), § 7, eff. June 21, 1990.)