Subject to Section 22-19-167, 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 22-19-164 by:

1. (1) the donor, if the donor is an adult or if the donor is a minor and is:

   1. (A) emancipated; or
   2. (B) authorized under state law to apply for a driver’s license because the donor is at least 16 years of age;
2. (2) an agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift;
3. (3) a parent of the donor, if the donor is an unemancipated minor; or
4. (4) the donor’s guardian.

(Act 2008-453, p. 867, §1.)