Revocation of Anatomical Gift Donation
STATUTORY REFERENCE
ALL REFERENCES ARE TO THE MINNESOTA STATUTES
REVOCATION OF DONATION UNDER THE UNIFORM ANATOMICAL GIFT LAW
(§§ 525.921 through 527.9217)
Section 525.921: For the purposes of sections 525.921 to
525.9224 the terms defined in this section have the meanings given them.
"Anatomical gift" means a donation of all or part of a human body
to take effect upon or after death.
"Decedent" means a deceased individual and includes a stillborn
infant or an embryo or fetus that has died of natural causes in utero.
"Document of gift" means a card, a statement attached to or
imprinted on a motor vehicle operator's or chauffeur's license, a will,
or other writing used to make an anatomical gift.
"Donor" means an individual who makes an anatomical gift of all
or part of the individual's body.
"Enucleator" means an individual who has completed a course in eye
enucleation conducted and certified by the department of ophthalmology
of any accredited college of medicine, and holds a valid certificate of
competence for completing the course.
"Hospital" means a facility licensed, accredited, or approved as
a hospital under the laws of any state or a facility operated as a hospital
by the United States government, a state, or a subdivision of a state.
"Part" means organs, tissues, eyes, bones, arteries, blood, other
fluids and any other portions of a human body.
"Person" means an individual, corporation, government or governmental
subdivision or agency,business trust, estate, trust, partnership or association,
or any other legal entity.
"Physician" or "surgeon" means an individual licensed or otherwise
authorized to practice medicine and surgery or osteopathy and surgery under
the laws of any state.
"Procurement organization" means a person licensed, accredited,
or approved under the laws of any state for procurement, distribution,
or storage of human bodies or parts.
"State" includes any state, district, commonwealth, territory, insular
possession, and any other area subject to the legislative authority of
the United States of America.
"Technician" means an individual who is appropriately trained to
remove or process a part.
Section 525.9211:
(a) An individual who is at least 18 years
of age, or a minor with the written consent of a parent or legal guardian,
may (i) make an anatomical gift for any of the purposes stated in section
525.9215, paragraph (a), (ii) limit an anatomical gift to one or more of
those purposes, or (iii) refuse to make an anatomical gift.
(b) An anatomical gift may be made by a will or by a document of
gift signed by the donor. If the donor cannot sign, the document of gift
must be signed by another individual and by two witnesses, all of whom
have signed at the direction and in the presence of the donor and of each
other, and state that it has been so signed.
(c) If a document of gift is attached to or imprinted on a donor's
motor vehicle operator's or chauffeur's license, the document of gift must
comply with paragraph (b). Revocation, suspension, expiration, or
cancellation of the license does not invalidate the anatomical gift.
(d) A document of gift may designate a particular physician or surgeon
to carry out the appropriate procedures. In the absence of a designation
or if the designee is not available, the donee or other person authorized
to accept the anatomical gift may employ or authorize any physician, surgeon,
technician, or enucleator to carry out the appropriate procedures.
(e) An anatomical gift by will takes effect upon death of the testator,
whether or not the will is probated. If, after death, the will is
declared invalid for testamentary purposes, the validity of the anatomical
gift is unaffected.
(f) A donor may amend or revoke an anatomical
gift, not made by will, only by:
(1) a signed statement;
(2) an oral statement made in the presence of
two individuals;
(3) any form of communication during a terminal
illness or injury addressed to a health care professional or member of
the clergy; or
(4) the delivery of a signed statement to a specified
donee to whom a document of gift had been delivered.
(g) The donor of an anatomical gift made by will
may amend or revoke the gift in the manner provided for amendment or revocation
of wills, or as provided in paragraph (f).
(h) An anatomical gift that is not revoked by
the donor before death is irrevocable and does not require the consent
or concurrence of any person after the donor's death.
(i) An individual may refuse to make an anatomical
gift of the individual's body or part by (i) a writing signed in the same
manner as a document of gift, or (ii) any other writing used to identify
the individual as refusing to make an anatomical gift. During a terminal
illness or injury, the refusal may be an oral statement or other form of
communication.
(j) In the absence of contrary indications by
the donor, an anatomical gift of a part is neither a refusal to give other
parts nor a limitation on an anatomical gift under section 525.9212 or
on a removal or release of other parts under section 525.9213.
(k) In the absence of contrary indications by
the donor, a revocation or amendment of an anatomical gift is not a refusal
to make another anatomical gift. If the donor intends a revocation
to be a refusal to make an anatomical gift, the donor shall make the refusal
pursuant to paragraph (i).
Section 525.9212:
(a) Any member of the following classes
of persons, in the order of priority
listed, may make an anatomical gift of all or a part of the decedent's
body for an authorized purpose, unless the decedent has made a refusal
to make that anatomical gift that is unrevoked at the time of death:
(1) the spouse of the decedent;
(2) an adult son or daughter of the decedent;
(3) either parent of the decedent;
(4) an adult brother or sister of the decedent;
(5) a grandparent of the decedent; and
(6) a guardian or conservator of the person of
the decedent at the time of death or a health care agent or proxy appointed
by the decedent under a health care directive as defined in section 145C.01,
a living will under chapter 145B, or other similar document executed in
another state and enforceable under the laws of this state.
(b) An anatomical gift may not be made by a person
listed in paragraph (a) if:
(1) a person in a prior class is available at
the time of death to make an anatomical gift;
(2) the person proposing to make an anatomical
gift knows of a refusal or contrary indications by the decedent; or
(3) the person proposing to make an anatomical
gift knows of an objection to making an anatomical gift by a member of
the person's class or a prior class.
(c) An anatomical gift by a person authorized
under paragraph (a) must be made by (i) a document of gift signed by the
person, or (ii) the person's telegraphic, recorded telephonic, or other
recorded message, or other form of communication from the person that is
contemporaneously reduced to writing and signed by the recipient.
(d) An anatomical gift by a person authorized
under paragraph (a) may be revoked by any member of the same or a prior
class if, before procedures have begun for the removal of a part from the
body of the decedent, the physician, surgeon, technician, or enucleator
removing the part knows of the revocation.
(e) A failure to make a decision as to an anatomical
gift under paragraph (a) is not an objection to the making of an anatomical
gift.
Section 525.9213:
(a) The coroner or medical examiner
may release and permit the removal of a part from a body within that official's
custody, for transplantation or therapy, if:
(1) the official has received a request for the
part from a hospital, physician, surgeon, or procurement organization;
(2) the official has made a reasonable effort,
taking into account the useful life of the part, to locate and examine
the decedent's medical records and inform persons listed in section 525.9212,
paragraph (a), of their option to make, or object to making, an anatomical
gift;
(3) the official does not know of a refusal or
contrary indication by the decedent or objection by a person having priority
to act as listed in section 525.9212, paragraph (a);
(4) the removal will be by a physician, surgeon,
or technician; but in the case of eyes, by one of them or by an enucleator;
(5) the removal will not interfere with any autopsy
or investigation; and
(6) the removal will be in accordance with accepted
medical standards.
(b) If the body is not within the custody of
the coroner or medical examiner, the local public health officer may release
and permit the removal of any part from a body in the local public health
officer's custody for transplantation or therapy if the requirements of
paragraph (a) are met.
(c) An official releasing and permitting the
removal of a part shall maintain a permanent record of the name of the
decedent, the person making the request, the date and purpose of the request,
the part requested, and the person to whom it was released.
Section 525.9214:
(a) If, at or near the time of death of
a patient, there is no documentation in the medical record that the patient
has made or refused to make an anatomical gift, the hospital administrator
or a representative designated by the administrator shall discuss with
the patient or a relative of the patient the option to make or refuse to
make an anatomical
gift and may request the making of an anatomical gift pursuant
to section 525.9211.
Section 525.9212:
(a) The request must be made with reasonable
discretion and sensitivity to the circumstances of the family. A
request is not required if the gift is not suitable, based upon accepted
medical standards, for a purpose specified in section 525.9215. An
entry must be made in the medical record of the patient, stating the name
of the individual making the request, and the name, response, and relationship
to the patient of the person to whom the request was made.
(b) The following persons shall make a reasonable
search for a document of gift or other information identifying the bearer
as a donor or as an individual who has refused to make an
anatomical gift:
(1) a law enforcement officer, firefighter, paramedic,
or other emergency rescuer finding an individual who the searcher believes
is dead or near death;
(2) a hospital or emergency care facility, upon
the admission or presentation of an individual at or near the time of death,
if there is not immediately available any other source of that information;
and
(3) a medical examiner or coroner upon receipt
of a body.
(c) If a document of gift or evidence of refusal
to make an anatomical gift is located by the search required by paragraph
(b), clause (1), and the individual or body to whom it relates is taken
to a hospital, the hospital must be notified of the contents and the document
or other evidence must be sent to the hospital.
(d) If, at or near the time of death of a patient,
a hospital knows that an anatomical gift has been made pursuant to section
525.9212, paragraph (a), or a release and removal of a part has been permitted
pursuant to section 525.9213, or that a patient or an individual identified
as in transit to the hospital is a donor, the hospital shall notify the
donee if one is named and known to the hospital; if not, it shall notify
an appropriate procurement organization. The hospital shall cooperate
in the implementation of the anatomical gift or release and removal of
a part.
(e) A person who fails to discharge the duties
imposed by this section is not subject to criminal or civil liability.
Section 525.9215:
(a) The following persons may become donees
of anatomical gifts for the purposes stated:
(1) a hospital, nonprofit organization in medical
education and research, physician, surgeon, or procurement organization,
for transplantation, therapy, medical or dental education,research, or
advancement of medical or dental science;
(2) an accredited medical or dental school, college,
or university for education, research, advancement of medical or dental
science;
(3) an approved chiropractic college for education;
or
(4) a designated individual for transplantation
or therapy needed by that individual.
(b) An anatomical gift may be made to a designated
donee or without designating a donee. If a donee is not designated
or if the donee is not available or rejects the anatomical gift, the anatomical
gift may be accepted by any hospital or procurement organization.
(c) If the donee knows of the decedent's refusal
or contrary indications to make an anatomical gift or that an anatomical
gift by a member of a class having priority to act is opposed by a member
of the same class or a prior class under section 525.9212, paragraph (a),
the donee may not accept the anatomical gift.
Section 525.9216:
(a) Delivery of a document of gift during
the donor's lifetime is not required for the validity of an anatomical
gift.
(b) If an anatomical gift is made to a designated
donee, the document of gift, or a copy, may be delivered to the donee to
expedite the appropriate procedures after death. The document of
gift, or a copy, may be deposited in any hospital, procurement organization,
or registry office that accepts it for safekeeping or for facilitation
of procedures after death. On request of an interested person, upon
or after the donor's death, the person in possession shall allow the interested
person to examine or copy the document of gift.
Section 525.9217:
(a) Rights of a donee created by an anatomical
gift are superior to rights of others except with respect to autopsies
under section 525.9221, paragraph (b). 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 donor 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.
(b) The time of death must be determined by a physician or surgeon
who attends the donor at death or, if none, the physician or surgeon who
certifies the death. Neither the physician or surgeon who attends
the donor at death nor the physician or surgeon who determines the time
of death may participate in the procedures for removing or transplanting
a part unless the document of gift designates a particular physician or
surgeon pursuant to section 525.9211, paragraph (d).
(c) If there has been an anatomical gift, a technician may
remove any donated parts and an enucleator may remove any donated eyes
or parts of eyes, after determination of death by a
physician or surgeon.
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