(a) Notwithstanding any other provision of this subchapter to the contrary, a donor's prior anatomical gift may be modified, amended, or revoked before the donor's death by an agent acting pursuant to the donor's durable power of attorney for health care, unless the durable power of attorney for health care or other record prohibits the agent from modifying, amending, or revoking an anatomical gift.
(b) Notwithstanding any other provision of this subchapter to the contrary, following the irreversible cessation of circulatory and respiratory functions of a donor, if the death is pronounced in a place other than a medical facility, or two (2) hours after the pronouncement of cardiac or asystolic death within a medical facility, a donor's prior anatomical gift may be modified, amended, or revoked by the following:(1) First, the spouse of the donor;(2) Second, the sole child of the donor or, if there is more than one (1) child of the donor, the majority of the surviving children;(3) (A) Third, the surviving parent or parents of the donor.(B) If one (1) of the parents of the donor is absent, the remaining parent shall be vested with the rights and duties of this section after reasonable efforts have been unsuccessful in locating the absent parent;(4) Fourth, the surviving brother or sister of the donor or, if there is more than one (1) sibling of the donor, the majority of the surviving siblings;(5) Fifth, the surviving grandparent of the donor or, if there is more than one (1) surviving grandparent, the majority of the grandparents;(6) Sixth, the surviving grandchild of the donor or, if there is more than one (1) surviving grandchild, the majority of the grandchildren;(7) Seventh, the guardian of the donor at the time of the donor's death, if one had been appointed; or(8) Eighth, the person in the classes of the next degree of kinship, in descending order, under the laws of descent and distribution to inherit the estate of the donor.
(1) First, the spouse of the donor;
(2) Second, the sole child of the donor or, if there is more than one (1) child of the donor, the majority of the surviving children;
(3) (A) Third, the surviving parent or parents of the donor.(B) If one (1) of the parents of the donor is absent, the remaining parent shall be vested with the rights and duties of this section after reasonable efforts have been unsuccessful in locating the absent parent;
(A) Third, the surviving parent or parents of the donor.
(B) If one (1) of the parents of the donor is absent, the remaining parent shall be vested with the rights and duties of this section after reasonable efforts have been unsuccessful in locating the absent parent;
(4) Fourth, the surviving brother or sister of the donor or, if there is more than one (1) sibling of the donor, the majority of the surviving siblings;
(5) Fifth, the surviving grandparent of the donor or, if there is more than one (1) surviving grandparent, the majority of the grandparents;
(6) Sixth, the surviving grandchild of the donor or, if there is more than one (1) surviving grandchild, the majority of the grandchildren;
(7) Seventh, the guardian of the donor at the time of the donor's death, if one had been appointed; or
(8) Eighth, the person in the classes of the next degree of kinship, in descending order, under the laws of descent and distribution to inherit the estate of the donor.
(c) (1) Within each class, less than the majority of the class shall be vested with the rights of this section if they have used reasonable efforts to notify all other members of the class of their instructions and are not aware of any opposition to those instructions on the part of more than one-half (1/2) of all surviving children.(2) As used in this section, “class” means surviving children, siblings, grandparents, or grandchildren, where applicable.
(1) Within each class, less than the majority of the class shall be vested with the rights of this section if they have used reasonable efforts to notify all other members of the class of their instructions and are not aware of any opposition to those instructions on the part of more than one-half (1/2) of all surviving children.
(2) As used in this section, “class” means surviving children, siblings, grandparents, or grandchildren, where applicable.
(d) (1) A person entitled under this section to modify, amend, or revoke a donor's anatomical gift shall forfeit that right, with the right passing to the next qualifying person as listed in this section, in the following circumstances:(A) (i) Any person charged with capital murder, § 5-10-101, murder in the first degree, § 5-10-102, murder in the second degree, § 5-10-103, or manslaughter, § 5-10-104, in connection with the donor's death.(ii) If the charges against such person are terminated by an acquittal, dismissal, or nolle prosequi, the right to modify, amend, or revoke a donor's anatomical gift is returned to the person;(B) (i) When the person entitled to modify, amend, or revoke a donor's anatomical gift under this section and the donor were estranged at the time of the donor's incapacity or death.(ii) As used in this section, “estranged” means a physical and emotional separation from the donor at the time of incapacity or death that has existed for a period of time that clearly demonstrates an absence of due affection, trust, and regard for the donor, including the filing of a complaint for divorce by either party that remains pending at the time of the donor's incapacity or death or the separation by living apart of the donor and spouse for a period of more than ninety (90) days preceding the donor's incapacity or death.(2) If there is a dispute between those sharing the right to modify, amend, or revoke an incapacitated donor's anatomical gift, the donor's anatomical gift may not be modified, revoked, or amended.
(1) A person entitled under this section to modify, amend, or revoke a donor's anatomical gift shall forfeit that right, with the right passing to the next qualifying person as listed in this section, in the following circumstances:(A) (i) Any person charged with capital murder, § 5-10-101, murder in the first degree, § 5-10-102, murder in the second degree, § 5-10-103, or manslaughter, § 5-10-104, in connection with the donor's death.(ii) If the charges against such person are terminated by an acquittal, dismissal, or nolle prosequi, the right to modify, amend, or revoke a donor's anatomical gift is returned to the person;(B) (i) When the person entitled to modify, amend, or revoke a donor's anatomical gift under this section and the donor were estranged at the time of the donor's incapacity or death.(ii) As used in this section, “estranged” means a physical and emotional separation from the donor at the time of incapacity or death that has existed for a period of time that clearly demonstrates an absence of due affection, trust, and regard for the donor, including the filing of a complaint for divorce by either party that remains pending at the time of the donor's incapacity or death or the separation by living apart of the donor and spouse for a period of more than ninety (90) days preceding the donor's incapacity or death.
(A) (i) Any person charged with capital murder, § 5-10-101, murder in the first degree, § 5-10-102, murder in the second degree, § 5-10-103, or manslaughter, § 5-10-104, in connection with the donor's death.(ii) If the charges against such person are terminated by an acquittal, dismissal, or nolle prosequi, the right to modify, amend, or revoke a donor's anatomical gift is returned to the person;
(i) Any person charged with capital murder, § 5-10-101, murder in the first degree, § 5-10-102, murder in the second degree, § 5-10-103, or manslaughter, § 5-10-104, in connection with the donor's death.
(ii) If the charges against such person are terminated by an acquittal, dismissal, or nolle prosequi, the right to modify, amend, or revoke a donor's anatomical gift is returned to the person;
(B) (i) When the person entitled to modify, amend, or revoke a donor's anatomical gift under this section and the donor were estranged at the time of the donor's incapacity or death.(ii) As used in this section, “estranged” means a physical and emotional separation from the donor at the time of incapacity or death that has existed for a period of time that clearly demonstrates an absence of due affection, trust, and regard for the donor, including the filing of a complaint for divorce by either party that remains pending at the time of the donor's incapacity or death or the separation by living apart of the donor and spouse for a period of more than ninety (90) days preceding the donor's incapacity or death.
(i) When the person entitled to modify, amend, or revoke a donor's anatomical gift under this section and the donor were estranged at the time of the donor's incapacity or death.
(ii) As used in this section, “estranged” means a physical and emotional separation from the donor at the time of incapacity or death that has existed for a period of time that clearly demonstrates an absence of due affection, trust, and regard for the donor, including the filing of a complaint for divorce by either party that remains pending at the time of the donor's incapacity or death or the separation by living apart of the donor and spouse for a period of more than ninety (90) days preceding the donor's incapacity or death.
(2) If there is a dispute between those sharing the right to modify, amend, or revoke an incapacitated donor's anatomical gift, the donor's anatomical gift may not be modified, revoked, or amended.
(e) The decision to modify, amend, or revoke a donor's anatomical gift under this section may be made orally or in a written record.
(f) A hospital, clinic, physician, healthcare provider, funeral director, or funeral home acting in accordance with this section, or attempting in good faith to do so, is not liable for the act in a civil action, criminal prosecution, or administrative proceeding.
(g) If anything in this section conflicts with federal law or regulation, the federal law or regulation shall prevail.