Title 19, Health

[§327-13] Delivery of document of gift not required; right to examine. (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 anatomica…

§327-14 Rights and duties of procurement organization and others. (a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of any donor registry and records of the state or county department of motor …

[§327-15] Coordination of procurement and use. Each hospital in this State, after consultation with procurement organizations, shall establish agreements or affiliations for coordination of procurement and use of human bodies and body parts. [L 2008, c 122, pt of §1]

[§327-16] Sale or purchase of body parts prohibited. (a) Except as otherwise provided in subsection (b), a person that knowingly, for valuable consideration, purchases or sells a body part for transplantation or therapy if removal of a body part from an individual is intended to …

[§327-17] Penalty. Any person that, 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 to make an anatomical gift commits a class C felony and upon convi…

[§327-18] Immunity. (a) A person that acts in accordance with this part 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 administrative proceeding. (b) Neither the …

[§327-19] Law governing validity; choice of law as to execution of document of gift; presumption of validity. (a) A document of gift shall be valid if executed in accordance with: (1) This part; (2) The laws of the state or country where it was executed; or (3) The laws of the st…

[§327-2] Definitions. As used in this part, unless the context otherwise requires: "Agent" means an individual: (1) Authorized to make health care decisions on the principal's behalf by a power of attorney for health care; or (2) Expressly authorized to make an anatomical gift on…

[§327-20] Donor registry. (a) The examiner of drivers shall adopt rules pursuant to chapter 91 to allow an organ procurement organization twenty-four-hour telephone access to the driver's license database information, solely for determining whether a driver has indicated a willin…

[§327-21] Effect of anatomical gift on advance health-care directive. (a) If a prospective donor has a declaration or advance health-care directive, and the terms of the declaration or directive and the express or implied terms of a potential anatomical gift are in conflict with …

[§327-22] Cooperation between medical examiner or coroner and procurement organization. (a) A medical examiner or coroner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for transplantation, therapy, research, or education. (…

[§327-23] Facilitation of an anatomical gift from a decedent whose body is under the jurisdiction of the medical examiner or coroner. (a) Upon request of a procurement organization, a medical examiner or coroner shall release to the procurement organization the name, contact info…

[§327-24] Hawaii organ and tissue education special fund. There is established in the state treasury the Hawaii organ and tissue education special fund. Moneys collected under section 286-109.7 shall be deposited into the fund. The fund shall be administered and distributed by th…

[§327-25] Uniformity of application and construction. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. [L 2008, c 122, pt of §1]

[§327-26] Relation to Electronic Signatures in Global and National Commerce Act. This part modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 United States Code section 7001 et. seq., but shall not modify, limit, or supersede sectio…

[§327-3] Applicability. This part applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made. [L 2008, c 122, pt of §1]

§327-32 Administration; duties of health officers. Every head officer of a hospital, nursing home, correctional facility, funeral parlor, or mortuary and every county medical examiner or coroner and every state or county officer, and every other person who has possession, charge,…

§327-36 Final disposition of anatomical gifts. A person or procurement organization that holds a dead human body as a result of an anatomical gift shall, when the body is deemed of no further value for purposes of transplantation, therapy, research, or education, be responsible f…

§327-38 Prohibitions; penalty. (a) No person shall give, offer, or promise any money or other things of value to any other person in consideration of receiving a dead human body. (b) No person shall provide a dead human body to any other person in consideration of any money or ot…

§327-39 Immunity from liability. A person or public or private agency shall not be liable for any damage or subject to criminal prosecution for any act done pursuant to and in compliance with this part. [L 1967, c 240, pt of §1; HRS §327-39]

[§327-4] Who may make an anatomical gift before donor's death. Subject to section 327-8, an anatomical gift of a donor's body or body part may be made during the life of the donor for transplantation, therapy, research, or education in the manner provided in section 327-5 by: (1)…

[§327-5] Manner of making an anatomical gift before donor's death. (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) I…

[PART III. GENERAL PROVISIONS] [§327-51] Exemption from strict liability. No physician, surgeon, hospital, blood bank, tissue bank, or other person or entity who donates, obtains, prepares, transplants, injects, transfuses, or otherwise transfers, or who assists or participates i…

[§327-52] Requests for anatomical gifts. Any person in charge of a hospital, or the designated representative of the person in charge of the hospital, other than a person connected with the determination of death, may request any of the persons in section [327-9], in the order of…

[§327-6] Amending or revoking an anatomical gift before donor's death. (a) Subject to section 327-8, a donor or other person authorized to make an anatomical gift under section 327-4 may amend or revoke an anatomical gift by: (1) A record signed by: (A) The donor; (B) The other p…

[§327-7] Refusal to make an anatomical gift and effect of refusal. (a) An individual may refuse to make an anatomical gift of the individual's body or body part by: (1) A record signed by: (A) The individual; or (B) Subject to subsection (b), another individual acting at the dire…

[§327-8] Preclusive effect of an anatomical gift, amendment, or revocation. (a) Except as otherwise provided in subsection (g), 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…

[§327-9] Who may make an anatomical gift of decedent's body or body part. (a) Subject to subsections (b) and (c) and unless barred by subsection (d), an anatomical gift of a decedent's body or body part for purposes of transplantation, therapy, research, or education may be made,…