KRS § 311.1929 — KY Code / Title XXVI / Chapter 311 / Section 311.1929
311.1929 Persons that may receive anatomical gift -- Purpose of anatomical gift
Status: in_force

311.1929 Persons that may receive anatomical gift -- Purpose of anatomical gift.

(1) An anatomical gift 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; or other appropriate person, for research or

education for the advancement of donation and transplantation science;

(b) Subject to subsection (2) of this section, an individual designated by the

person making the anatomical gift if the individual is the recipient of the part;

or

(c) An eye bank or tissue bank.

(2) If an anatomical gift to an individual under subsection (1)(b) of this section cannot

be transplanted into the individual, the part passes in accordance with subsection (7)

of this section in the absence of an express, contrary indication by the person

making the anatomical gift.

(3) If an anatomical gift of one (1) or more specific parts or of all parts is made in a

document of gift that does not name a person described in subsection (1) 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; or

(d) If the part is an organ, an eye, or tissue and the gift is for the purpose of

research or education, the gift passes to the appropriate procurement

organization.

(4) For the purpose of subsection (3) of this section, if there is more than one (1)

purpose of an anatomical gift set forth in the document of gift but the purposes are

not set forth in any priority, the gift shall 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 for the advancement of donation and transplantation

science.

(5) If an anatomical gift of one (1) or more specific parts is made in a document of gift

that does not name a person described in subsection (1) of this section and does not

identify the purpose of the gift, the gift may be used only for transplantation,

therapy, or research and education for the advancement of donation and

transplantation, and the gift passes in accordance with subsection (7) of this section.

(6) 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 by a symbol or

statement of similar import, the gift may be used only for transplantation, therapy,

or research and education for the advancement of donation and transplantation

science, and the gift passes in accordance with subsection (7) of this section.

(7) For purposes of subsections (2), (5), and (6) 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, except that a

tissue bank shall not receive an ovum or sperm for the purpose of creating an

embryo to be used in therapy, research, or education; or

(c) If the part is an organ, the gift passes to the appropriate organ procurement

organization as custodian of the organ.

(8) An anatomical gift of an organ for transplantation or therapy, other than an

anatomical gift under subsection (1)(b) of this section, passes to the organ

procurement organization as custodian of the organ.

(9) If an anatomical gift does not pass pursuant to subsections (1) to (8) 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 KRS 311.1917 or 311.1927 or if the person knows that the

decedent made a refusal under KRS 311.1921 that was not revoked. For purposes of

the subsection, 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 subsection (1)(b) of this section, nothing in KRS

311.1911 to 311.1959 affects the allocation of organs for transplantation or therapy.