Chapter 113A

Section 1. This act shall be known and may be cited as the ''Uniform Anatomical Gift Act''.

Section 10. (a) An individual authorized to make an anatomical gift under section 9 may make an anatomical gift by a document of gift signed by the individual making the gift or by that individual's oral communication that is electronically recorded or is contemporaneously reduce…

Section 11. (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) subje…

Section 12. (a) The following persons shall make a reasonable search of an individual whom the person reasonably believes to be 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 e…

Section 13. (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 examinati…

Section 14. (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 Massachusetts Donor Registry and any other donor registry that it knows exists for the geographical area in w…

Section 15. Each hospital shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.

Section 16. (a) Except as otherwise provided in subsection (b), a person who for valuable consideration, knowingly purchases or sells a part for transplantation or therapy if removal of such part from an individual is intended to occur after the individual's death shall be punish…

Section 17. A person who, 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 to make a gift shall be punished by imprisonment in the state prison …

Section 18. (a) A person who acts in accordance with this chapter or with the applicable anatomical gift law of another state or who attempts in good faith to do so, shall not be liable for the act in a civil action, criminal prosecution or administrative proceeding. Following a …

Section 19. (a) A document of gift shall be valid if executed in accordance with: (1) this chapter; (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 reside…

Section 2. As used in this chapter, the following words shall, unless the context requires otherwise, have the following meanings: ''Adult'', an individual who is at least 18 years of age. ''Agent'', an individual who is authorized to make health-care decisions on the principal's…

Section 20. (a) The registry of motor vehicles shall maintain the donor registry as set forth in section 8D of chapter 90 to identify individuals who have authorized an anatomical gift at the time of issuance of drivers' licenses, identification cards or renewals. The registrar m…

Section 21. (a) The chief medical examiner and the district attorneys shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for transplantation, therapy, research or education. (b) The procurement organization authorized to remove …

Section 22. (a) The chief medical examiner shall release to the procurement organization such information as may be necessary to facilitate organ and tissue donation including, but not limited to, the name, contact information and available medical and social history of a deceden…

Section 23. An individual's decision to make a donation of that individual's own organ or tissue after death shall be complied with and shall not require the consent or concurrence of any other individual after the donor's death. In the absence of a revocation or amendment, healt…

Section 24. In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that have the uniform act or a similar law.

Section 25. Whenever authorized by federal law and as required by this chapter, this chapter shall modify, limit and supersede the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., except 15 U.S.C. § 7001(a); provided, however, that nothing in t…

Section 3. This chapter shall apply to an anatomical gift or amendment to, revocation of or refusal to make an anatomical gift, whenever made.

Section 4. Subject to section 8, 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 5 by: (1) the donor, if the donor is an adult or if the dono…

Section 5. (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) by a will; (3) during a terminal illness or injury of the…

Section 6. (a) Subject to section 8, a donor or other individual authorized to make an anatomical gift under section 4 may amend or revoke an anatomical gift by: (1) a record signed by: (i) the donor; (ii) the other individual; or (iii) subject to subsection (b), another individu…

Section 7. (a) An individual may refuse to make an anatomical gift of the individual's body or part by: (1) a record signed by: (i) the individual; or (ii) subject to subsection (b), another individual acting at the direction of the individual if the individual is physically unab…

Section 8. (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 shall be barred from making, amending or revoking an anatomical gift of a donor's body or par…

Section 9. (a) Subject to subsections (b) and (c) and unless otherwise prohibited by section 7 or 8, an anatomical gift of a decedent's body or part for transplantation, therapy, research or education may be made by any member of any of the following classes of individuals who is…