Title 22 — Title 22

The State Board of Health shall prescribe the rules and regulations under which the bodies of deceased persons may be brought into, or transported through, the state and, also, the rules and regulations under which such bodies may be transported from one point to another point in…

The Alabama Eye Bank is authorized to train employees of the eye bank in principles and procedures of sterile eye tissue procurement pursuant to the Uniform Anatomical Gift Act and according to the medical standards of the Eye Bank Association of America. History: (Acts 1980, No.…

The Medical Director and the Executive Director of the Alabama Eye Bank shall certify that no employee shall be allowed to perform eye tissue procurement unless the employee possesses the necessary educational qualifications, standards of proficiency, and fitness. History: (Acts …

The Medical Director and the Executive Director of the Alabama Eye Bank are authorized to establish and promulgate the standards, measures, procedures, and recommendations necessary to assure the employee hereunder possesses the knowledge and technical skill to perform donor eye …

Any employee of the Alabama Eye Bank who is trained in donor eye tissue procurement under this article shall comply with the provisions of the Alabama Uniform Anatomical Gift Act. Such eye bank technician acting in accordance with the terms of this article shall not have any liab…

This article does not supersede, modify, or amend prior acts, specifically Sections 34-13-150 through 34-13-152. History: (Acts 1980, No. 80-779, p. 1614, §5.)

(a) The acquisition and transportation and transplantation of donor organs, bones and tissues is becoming more common place as new scientific and technological developments find better ways to conquer the human body’s rejection of such transplanted organs, bones and tissues. In i…

As used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) CHAIRMAN. The Chairman of the Department of Surgery, School of Medicine, at the University of Alabama at Birmingham. (2) PERSON. Any p…

Etc.; Updating of Quality Assurance Standards. (a) The Chairman of the Department of Surgery of the School of Medicine at the University of Alabama at Birmingham is authorized to establish and promulgate the standards of proficiency and fitness and measures and procedures for qua…

Any person providing any service pertaining to the acquisition and/or transportation of donor organs, bones and tissues retrieved in Alabama, shall strictly adhere to and follow the established quality assurance standards of proficiency and fitness and measures and procedures as …

Any person providing services in violation of the established policies and procedures and standards for quality assurance, as established and promulgated by the chairman, shall not receive reimbursement for such services. This provision applies to all reimbursement programs admin…

Any person who, in good faith, follows the policies and procedures and standards as established by the chairman for quality assurance, and complies with the provisions of the Alabama Uniform Anatomical Gift Act, shall not have any liability, either civil or criminal, for such acq…

(a) The provisions of this article are cumulative and insofar as possible, they shall be construed in pari materia with other laws relating to the public health and anatomical gifts. (b) At such time that standards of quality assurance for the acquisition and/or transporting and/…

(a) The Legislature of Alabama is acutely aware of the serious shortage of organs needed for transplantation. In its concern with this shortage of organs, the Legislature intends to establish in this article, a mechanism for the requesting of donor organs of any person who has di…

As used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) ORGAN. Organs, tissues, eyes, bones, arteries, blood or other fluids and any other part or portions of a human body. (2) ATTENDING PHY…

(a) When death occurs in a hospital to a patient who has not made an anatomical gift to take effect upon death, the hospital administrator, or designated representative, shall request the person described in Section 22-19-42(b), in the order of priority stated, when persons in pr…

Any person who acts in good faith in accord with the terms of this article or with the anatomical gift laws of this state, or another state, or a foreign country shall not be liable for damages in any civil action or subject to prosecution in any criminal proceeding for such act.…

The provisions of this article are cumulative and, insofar as possible, they shall be construed in pari materia with other laws relating to the public health and anatomical gifts. History: (Acts 1986, No. 86-226, p. 333, §5.)

This article may be cited as the Revised Uniform Anatomical Gift Act. History: (Act 2008-453, p. 867, §1.)

In this article: (1) “Adult” means an individual who is at least 18 years of age. (2) “Agent” means an individual: (A) authorized to make health care decisions on the principal’s behalf by a power of attorney for health care; or (B) expressly authorized to make an anatomical gift…

This article applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made. History: (Act 2008-453, p. 867, §1.)

Subject to Section 22-19-167, an anatomical gift of a donor’s body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in Section 22-19-164 by: (1) the donor, if the donor is an adult or if th…

(a) A donor may make an anatomical gift: (1) by authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor’s driver’s license or identification card; (2) in a will; (3) during a terminal illness or injury of the donor, by …

(a) Subject to Section 22-19-167, a donor or other person authorized to make an anatomical gift under Section 22-19-163 may amend or revoke an anatomical gift by: (1) a record signed by: (A) the donor; (B) the other person; or (C) subject to subsection (b), another individual act…

(a) An individual may refuse to make an anatomical gift of the individual’s body or part by: (1) a record signed by: (A) the individual; or (B) subject to subsection (b), another individual acting at the direction of the individual if the individual is physically unable to sign; …

(a) Except as otherwise provided in subsection (g) and subject to subsection (f), 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 m…

(a) Subject to subsections (b) and (c) and unless barred by Section 22-19-166 or 22-19-167, an anatomical gift of a decedent’s body or part for purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reasona…

(a) A person authorized to make an anatomical gift under Section 22-19-168 may make an anatomical gift by a document of gift signed by the person making the gift or by that person’s oral communication that is electronically recorded or is contemporaneously reduced to a record and…

(a) An anatomical gift may be made to the following persons named in the document of gift: (1) a hospital; accredited medical school, dental school, college, or university; organ procurement organization; or other appropriate person, for research or education; (2) subject to subs…

(a) The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal: (1) a law enforcement offic…

(a) A document of gift need not be delivered during the donor’s lifetime to be effective. (b) Upon or after an individual’s death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copyi…

(a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the Alabama State Law Enforcement Agency and any donor registry that it knows exists for the geographical area in which the i…

Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts. History: (Act 2008-453, p. 867, §1.)

(a) Except as otherwise provided in subsection (b), a person, that for valuable consideration, knowingly purchases or sells a part for transplantation or therapy if removal of a part from an individual is intended to occur after the individual’s death commits a Class C felony. (b…

A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal commits a Class C felony. History: (Act 2008-453, p. 867, §1.)

(a) In the absence of wantonness or willful misconduct, a person that acts in accordance with this article or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution, or admini…

(a) A document of gift is valid if executed in accordance with: (1) this article; (2) the laws of the state or country where it was executed; or (3) the laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a nati…

(a) The Alabama State Law Enforcement Agency may establish or contract for the establishment of a donor registry. (b) The Alabama State Law Enforcement Agency shall cooperate with a person that administers any donor registry that this state establishes, contracts for, or recogniz…

(a) In this section: (1) “Advance health care directive” means a power of attorney for health care or a record signed or authorized by a prospective donor containing the prospective donor’s direction concerning a health care decision for the prospective donor. (2) “Declaration” m…

(a) A coroner or medical examiner or district attorney or local public health official or a designee shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education when it …

(a) Upon request of a procurement organization, a coroner or medical examiner shall release to the procurement organization the name, contact information, and available medical and social history of a decedent whose body is under the jurisdiction of the coroner or medical examine…

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: (Act 2008-453, p. 867, §1.)

This article modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit or supersede Section 101(a) of that act, 15 U.S.C. Section 7001, or authorize electronic delivery of any of the …

It shall be unlawful for any person, firm or corporation to take, carry, transport or remove from within the confines of this state any dead human body unless said body has been embalmed or cremated. Any person, firm or corporation who violates this section shall be guilty of a m…

The State Health Officer, the Dean of the School of Medicine and the head of the Department of Anatomy of the University of Alabama in Birmingham and the deans and heads of the departments of anatomy of other medical schools which may hereafter become incorporated under the laws …

This article shall be known and may be cited as Exton’s Law. History: (Act 2023-366, §1.)

The Legislature finds all of the following: (1) A mental or physical disability does not diminish an individual’s right to health care. (2) The Americans with Disabilities Act of 1990 prohibits discrimination against individuals with disabilities, yet many individuals with disabi…

As used in this article, the following terms have the following meanings: (1) ANATOMICAL GIFT. The donation of all or part of a human body to take effect after the donor’s death for the purpose of transplantation or transfusion. (2) AUXILIARY AIDS AND SERVICES. Reasonable accommo…

(a) A covered entity may not do any of the following based solely on a qualified individual’s disability: (1) Consider an individual ineligible to receive an anatomical gift or organ transplant. (2) Deny medical and other services related to transplantation, including evaluation,…

(a) When it appears that a covered entity has violated or is violating this article, the affected individual may commence a civil action, limited to injunctive and other equitable relief, against the covered entity for purposes of enforcing compliance with this article. The actio…