Preclusive effect of anatomical gift, amendment, or revocation.
Effective Mar 25, 2009Apr. 15, 2008, D.C. Law 17-145, § 8, 55 DCR 2532; Mar. 25, 2009, D.C. Law 17-353, § 230(b), 56 DCR 1117
- (a) Except as otherwise provided in subsection (g) of this section and subject to subsection (f) of this section, 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 gift of a donor’s body or part if the donor made an anatomical gift of the donor’s body or part under § 7-1531.04 or an amendment to an anatomical gift of the donor’s body or part under § 7-1531.05.
- (b) A donor’s revocation of an anatomical gift of the donor’s body or part under § 7-1531.05 is not a refusal and does not bar another person specified in § 7-1531.03 or § 7-1531.08 from making an anatomical gift of the donor’s body or part under § 7-1531.04 or § 7-1531.09.
- (c) If a person other than the donor makes an unrevoked anatomical gift of the donor’s body or part under § 7-1531.04 or an amendment to an anatomical gift of the donor’s body or part under § 7-1531.05, another person may not make, amend, or revoke the gift of the donor’s body or part under § 7-1531.09.
- (d) A revocation of an anatomical gift of a donor’s body or part under § 7-1531.05 by a person other than the donor does not bar another person from making an anatomical gift of the body or part under § 7-1531.04 or § 7-1531.09.
- (e) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under § 7-1531.03, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.
- (f) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under § 7-1531.03, an anatomical gift of a part for one or more of the purposes set forth in § 7-1531.03 is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under § 7-1531.04 or § 7-1531.09.
- (g) If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor’s body or part.
- (h) If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor’s refusal.
History
Apr. 15, 2008, D.C. Law 17-145, § 8, 55 DCR 2532
Mar. 25, 2009, D.C. Law 17-353, § 230(b), 56 DCR 1117
Editor's Notes
Uniform Law: This section is based upon § 8 of the Revised Uniform Anatomical Gift Act (2006).
Effect of Amendments
D.C. Law 17-353 validated previously made technical corrections in subsecs. (b), (d), and (f).
Section References
This section is referenced in § 7-1531.03, § 7-1531.05, § 7-1531.06, and § 7-1531.08.