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SECTION 4302
Uses and dispositions of anatomical gifts
Public Health (PBH) CHAPTER 45, ARTICLE 43
§ 4302. Uses and dispositions of anatomical gifts. 1. All anatomical
gifts made under this article may be made to the following persons named
in the document of gift:

(a) a hospital; accredited medical school, dental school, college or
university; organ procurement organization; non-transplant anatomic
bank; or other appropriate person, for research or education;

(b) subject to the provisions of subdivision two of this section, an
individual designated by the person making the anatomical gift if the
individual is the recipient of that part; if an anatomical gift to an
individual under this paragraph cannot be transplanted into the
individual, the part passes in accordance with subdivision six of this
section in the absence of an express, contrary indication by the
authorizing party making the anatomical gift; or

(c) an eye bank or tissue bank.

2. If an anatomical gift of one or more specific parts or of all parts
is made in a document of gift that does not name a person described in
subdivision one of this section, but identifies the purpose for which an
anatomical gift may be used, the following rules apply:

(a) If the part is an eye and the gift is for the purpose of
transplantation or therapy, the gift passes to the appropriate eye bank.

(b) If the part is tissue and the gift is for the purpose of
transplantation or therapy, the gift passes to the appropriate tissue
bank.

(c) If the part is an organ and the gift is for the purpose of
transplantation or therapy, the gift passes to the appropriate organ
procurement organization as custodian of the organ.

(d) If the part is an organ, eye, or tissue and the gift is for the
purpose of research or education, the gift passes to the appropriate
procurement organization.

3. For the purposes of subdivision two of this section, if there is
more than one purpose of an anatomical gift set forth in the document of
gift but the purposes are not set forth in any priority, the gift must
be used for transplantation or therapy, if suitable. If the gift cannot
be used for transplantation or therapy, the gift may be used for
research or education.

4. If an anatomical gift of one or more specific parts is made in a
document of gift that does not name a person described in subdivision
one of this section and does not identify the purpose of the gift, the
gift may be used only for transplantation or therapy, and the gift
passes in accordance with subdivision six of this section.

5. If a document of gift specifies only a general intent to make an
anatomical gift by words such as "donor", "organ donor" or "body donor",
or a statement of similar import, the gift may be used only for
transplantation or therapy, and the gift passes in accordance with
subdivision six of this section.

6. For purposes of subdivisions four, five and paragraph (b) of
subdivision one of this section, the following rules apply:

(a) If the part is an eye, the gift passes to the appropriate eye
bank.

(b) If the part is tissue, the gift passes to the appropriate tissue
bank.

(c) If the part is an organ, the gift passes to the appropriate organ
procurement organization as custodian of the organ.

7. An anatomical gift of an organ for transplantation or therapy,
other than an anatomical gift under paragraph (b) of subdivision one of
this section, passes to the organ procurement organization as custodian
of the organ.

8. If a prospective donor has been referred to a procurement
organization or tissue bank pursuant to state or federal law, and the
procurement organization has determined that the gift is medically
unsuitable for transplant, or to the extent that a non-transplant
anatomical gift may still be honored after a gift has been made pursuant
to a superseding document of gift, then the procurement organization
shall make reasonable efforts to determine whether the donor has
previously made a gift of his or her body or parts for education or
research, and the procurement organization informed of such gift shall
notify the non-transplant anatomic bank of the gift consistent with the
donor's intent.

9. If an anatomical gift does not pass pursuant to subdivisions one,
two, three, four, five, six or seven of this section or the decedent's
body or part is not used for transplantation, therapy, research, or
education, custody of the body or part passes to the person under
obligation to dispose of the body or part.

10. A person may not accept an anatomical gift if the person knows
that the gift was not effectively made under section forty-three hundred
one or forty-three hundred five of this article or if the person knows
that the decedent made a refusal under section forty-three hundred one
of this article that was not revoked. For purposes of this subdivision,
if a person knows that an anatomical gift was made on a document of
gift, the person is deemed to know of any amendment or revocation of the
gift or any refusal to make an anatomical gift on the same document of
gift.

11. Except as otherwise provided in paragraph (b) of subdivision one
of this section, nothing in this section affects the allocation of
organs for transplantation or therapy.