Mass. Gen. Laws ch. 113A, sec. 11 — MA Code / Part I / Title XVI / Chapter 113A / Section 11
Persons that may receive anatomical gift; purpose of anatomical gift
Status: in_force

Section 11. (a) An anatomical gift may be made to the following persons named in the document of gift: (1) a hospital, accredited medical school, dental school, college or university, organ procurement organization or other appropriate person, for research or education; (2) subject to subsection (b), an individual designated by the person making the anatomical gift if the individual is designated as the recipient of the part; (3) an eye bank or tissue bank. (b) If an anatomical gift to an individual under clause (2) of subsection (a) cannot be transplanted into the individual, the part shall pass in accordance with subsection (g) in the absence of an express, contrary indication by the person making the anatomical gift. (c) If an anatomical gift of 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 (a) but identifies the purpose for which an anatomical gift may be used, the following rules shall apply: (1) if the part is an eye and the gift is for transplantation or therapy, the gift shall pass to the appropriate eye bank; (2) if the part is tissue and the gift is for transplantation or therapy, the gift shall pass to the appropriate tissue bank; (3) if the part is an organ and the gift is for transplantation or therapy, the gift shall pass to the appropriate organ procurement organization as custodian of the organ; and (4) if the part is an organ, an eye, or tissue and the gift is for research or education, the gift shall pass to the appropriate procurement organization. (d) For the purpose of subsection (c), if there is more than 1 purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, then the gift shall be used for transplantation or therapy, if suitable for such purposes. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education. (e) If an anatomical gift of 1 or more specific parts is made in a document of gift that does not name a person described in subsection (a) and does not identify the purpose of the gift, the gift shall pass in accordance with subsection (g) and the parts shall be used for transplantation or therapy if suitable but, if not suitable for those purposes, the parts may be used for research or education. (f) If a document of gift specifies only a general intent to make an anatomical gift by words such as ''donor'', ''organ donor'', ''body donor'' or by a symbol or statement of similar import, the gift shall pass in accordance with subsection (g) and the parts shall be used for transplantation or therapy if suitable but, if not suitable for those purposes, the parts may be used for research or education. (g) For the purposes of subsections (b), (e) and (f), the following rules shall apply: (1) if the part is an eye, the gift shall pass to the appropriate eye bank; (2) if the part is tissue, then the gift shall pass to the appropriate tissue bank; (3) if the part is an organ, the gift shall pass to the appropriate organ procurement organization as custodian of the organ. (h) An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under clause (2) of subsection (a), shall pass to the organ procurement organization as custodian of the organ. (i) If an anatomical gift does not pass pursuant to subsections (a) to (h), inclusive, or the decedent's body or part is not used for transplantation, therapy, research or education, custody of the body or part shall pass to the person under obligation to dispose of the body or part. (j) A person shall not accept an anatomical gift if the person knows that the gift was not effectively made under section 5 or 10 or if the person knows that the decedent made a refusal under section 7 that was not revoked. For the purposes of this subsection, if a person knows that an anatomical gift was made on a document of gift, that person shall be 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. (k) Except as otherwise provided in clause (2) of subsection (a), nothing in this act shall affect the allocation of organs for transplantation or therapy.

Section 11. (a) An anatomical gift may be made to the following persons named in the document of gift:

(1) a hospital, accredited medical school, dental school, college or university, organ procurement organization or other appropriate person, for research or education;

(2) subject to subsection (b), an individual designated by the person making the anatomical gift if the individual is designated as the recipient of the part;

(3) an eye bank or tissue bank.

(b) If an anatomical gift to an individual under clause (2) of subsection (a) cannot be transplanted into the individual, the part shall pass in accordance with subsection (g) in the absence of an express, contrary indication by the person making the anatomical gift.

(c) If an anatomical gift of 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 (a) but identifies the purpose for which an anatomical gift may be used, the following rules shall apply:

(1) if the part is an eye and the gift is for transplantation or therapy, the gift shall pass to the appropriate eye bank;

(2) if the part is tissue and the gift is for transplantation or therapy, the gift shall pass to the appropriate tissue bank;

(3) if the part is an organ and the gift is for transplantation or therapy, the gift shall pass to the appropriate organ procurement organization as custodian of the organ; and

(4) if the part is an organ, an eye, or tissue and the gift is for research or education, the gift shall pass to the appropriate procurement organization.

(d) For the purpose of subsection (c), if there is more than 1 purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, then the gift shall be used for transplantation or therapy, if suitable for such purposes. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education.

(e) If an anatomical gift of 1 or more specific parts is made in a document of gift that does not name a person described in subsection (a) and does not identify the purpose of the gift, the gift shall pass in accordance with subsection (g) and the parts shall be used for transplantation or therapy if suitable but, if not suitable for those purposes, the parts may be used for research or education.

(f) If a document of gift specifies only a general intent to make an anatomical gift by words such as ''donor'', ''organ donor'', ''body donor'' or by a symbol or statement of similar import, the gift shall pass in accordance with subsection (g) and the parts shall be used for transplantation or therapy if suitable but, if not suitable for those purposes, the parts may be used for research or education.

(g) For the purposes of subsections (b), (e) and (f), the following rules shall apply:

(1) if the part is an eye, the gift shall pass to the appropriate eye bank;

(2) if the part is tissue, then the gift shall pass to the appropriate tissue bank;

(3) if the part is an organ, the gift shall pass to the appropriate organ procurement organization as custodian of the organ.

(h) An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under clause (2) of subsection (a), shall pass to the organ procurement organization as custodian of the organ.

(i) If an anatomical gift does not pass pursuant to subsections (a) to (h), inclusive, or the decedent's body or part is not used for transplantation, therapy, research or education, custody of the body or part shall pass to the person under obligation to dispose of the body or part.

(j) A person shall not accept an anatomical gift if the person knows that the gift was not effectively made under section 5 or 10 or if the person knows that the decedent made a refusal under section 7 that was not revoked. For the purposes of this subsection, if a person knows that an anatomical gift was made on a document of gift, that person shall be 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.

(k) Except as otherwise provided in clause (2) of subsection (a), nothing in this act shall affect the allocation of organs for transplantation or therapy.