An Act to authorize, in the District of Columbia, the gift of all or part of a human body after death for specified purposes
PL 91-268 (S.2999), enacted 05/26/1970

266 
PUBLIC LAW 91-268-MAY 26, 1970 
[84 STAT. 
May 26, 1970 
[S. 2999] 
D.C. 
Anatomical 
gifts. 
Short title. 
Public Law 91-268 
AN ACT 
To authorize, in the District of Columbia, the gift of all or part of a human 
body after death for specified purposes. 
Be it enacted hy the Senate and HOVM of Representatives 
of the 
United States of Amenca 
in Congress assembled^ 
DEFINITIONS: SHORT TITLE 
SECTION 1. (a) As used in this Act, the term— 
(1) "bank or storage facility'" means a facility licensed, accred-
ited, or approved under the laws of any State for storage of 
human bodies or parts thereof; 
(2) "decedent"" means a deceased individual and includes a 
stillborn infant or fetus; 
(8) "donor"" means an individual who makes a gift of all or 
part of his body; 
(4) "hospital"" means a hospital licensed, accredited, or 
approved under the laws of any State and includes a hospital 
operated by the Ignited States Government, a State, or a subdivi-
sion thereof, although not required to be licensed under State 
laws; 
(5) "part"" includes organs, tissues, eyes, bones, arteries, blood, 
other fluids, and other portions of a human body, and "part" 
includes "parts""; 
(6) "person"" means an individual, corporation, government, or 
governmental subdivision or agency, business trust, estate, trust, 
partnership, or association or any other legal entity; 
(7) "physician"" or "surgeon"" means a physician or surgeon 
licensed or authorized to practice under the laws of any State; and 
(8) "State"" includes any State, district, Commonwealth, terri-
tory, insular possession, the District of Columbia, and any other 
area subject to the legislative authority of the L'nit^d States of 
America. 
(b) Sections 1 through 8 of this i\.ct shall be knowai as the "District 
of Columbia Anatomical Gift Act". 
PERSONS W H O MAY EXECUTE AN ANATOMICAL GIFT 
SEC. 2. (a) Any individual of sound mind and eighteen years of 
age or more may give all or any part of his body for any purposes 
specified in section 8, the gift to take effect upon death. 
(b) Any of the following persons, in order of priority stated, when 
persons in prior classes are not available at the time of death, and in 
the absence of actual notice of contrary indications by the decedent, or 
actual notice of opposition by a member of the same or a prior class, 
may give all or any part of the decedent's body for any purposes speci-
fied in section 3: 
(1) the spouse, 
(2) an adult son or daughter, 
(8) either parent, 
(4) an adult brother or sister, 
(5) a guardian of the person of the decedent at the time of his 
death, or 
(6) any other person authorized or under obligation to dispose 
of the body. 
(c) If the donee has actual notice of contrary indications by the 
decedent, or that.a gift by a member of a class is opposed by a member 
84 STAT. ] 
PUBLIC LAW 91-268-MAY 26, 1970 
1267 
of the same or a prior class, the donee shall not accept the gift. The 
persons authorized by subsection (b) may make the gift after death or 
immediately before death. 
(d) A gift of all or part of a body authorizes any examination neces-
sary to assure medical accei^tability of the gift for the purposes 
intended. 
(e) The rights of the donee created by the gift are paramount to the 
rights of others except as provided by section 7(d). 
PERSONS WHO MAY BECOME DONEES, AND PURPOSES FOR WHICH 
ANATOMICAL GIFTS MAY BE MADE 
SEC. 3. The following persons may become donees of gifts of bodies 
or parts thereof for the purposes stated: 
(1) any hospital, surgeon, or physician, for medical or dental 
education, research, advancement of medical or dental science, 
therapy, or transplantation; or 
(2) any accredited medical or dental school, college, or uni-
versity, for education, research, advancement of medical or dental 
science, or therapy; or 
(3) any bank or storage facility^ for medical or dental educa-
tion, research, advancement of medical or dental science, therapy, 
or transplantation; or 
(4) any specified individual for therapy or transplantation 
needed by him. 
MANNER o r E X E C U T I N G ANATOMICAL GIFTS 
SEC 4. (a) A gift of all or part of the body under section 2(a) may 
Gift by win. 
be made by will. The gift becomes effective upon the death of the tes-
tator without waiting for probate. If the will is not probated, or if it is 
declared invalid for testamentary purposes, the gift, to the extent 
that it has been acted upon in good faith, is nevertheless valid and 
effective. 
(b) (1) A gift of all or part of the body under section 2(a) may also 
other document. 
be made by document other than a will. The gift becomes effective upon 
death of the donor. The document, which may be a card designed to be 
carried on the person, must be signed by the donor, in the presence of 
two witnesses who must sign the document in his presence. If the donor 
cannot sign, the document may be signed for him at his direction and 
in his presence, and in the presence of two witnesses who must sign 
the document in his presence. Delivery of the document of gift during 
the donor's lifetime is not necessary to make the gift valid. 
268 
PUBLIC LAW 91-268-MAY 26, 1970 
[84 STAT. 
Uniform donor 
card form. 
(2) Any such document referred to in paragraph (1) of this sub-
section may be in the following form and contain the following infor-
mation : 
UNIFORM DONOR CARD 
of 
print or type name of donor 
In the hope that I may help others, I hereby make this anatomical 
gift, if medically acceptable, to take effect upon my death. The 
words and marks below indicate my desires. 
I give: (a)—any needed organs or parts 
(b)—only the following organs or parts 
specify the organ (s) or part(s) 
for the purposes of transplantation, therapy, medical research, 
or education; 
(c)—my body for anatomical study if needed. 
Limitations or si)ecial wishes, if any : 
(Other side of card) 
Signed by the donor and the following two witnesses in the presence 
of each other: 
Signature of donor 
Date of birth of donor 
Date signed 
City and State 
Witness 
Witness 
Donee provi-
Surgeon or 
physician, desig-
nation. 
Recorded mes-
sage. 
This is a legal document under the District of Columbia Anatomical 
Gift Act or similar laws. 
(c) The gift may be made to a specified donee or without specifying 
a donee. If the latter, the gift may be accepted by the attending physi-
cian as donee upon or following death. If tne gift is made to a speciiied 
donee who is not available at the time and place of death, the attending 
phj^sioian upon or following death, in the absence of any expressed 
indication that the donor desired otherwise, may accept the gift as 
donee. The physician who becomes a donee under this subsection shall 
not participate in the procedures for removing or transplanting a part. 
(d) Notwithstanding section 7(b), the donor may designa^ in his 
will, card, or other document of gift the surgeon or physician to carry 
out the appropriate procedures. In the absence of a designation, or if 
the designee is not available, the donee or other person authorized 
to accept the gift may employ or authorize, any surgeon or physician 
for the purpose. 
(e) Any gift by a person designated in section 2(b) shall be made by 
a document signed by him, or made by his telegrapnic, recorded tele-
phonic, or other recorded message. 
84 STAT. ] 
PUBLIC LAW 91-268-MAY 26, 1970 
269 
DELIVERY OF DOCUMENT OF (ilFT 
SEC. 5. If the gift is made by the donor to a specified donee, the will, 
card, or other document, or any executed copy thereof, may be deliv-
ered to the donee to expedite the appropriate procedures immediately 
after death, but delivery is not necessary to the validity of the gift. The 
will, card, or other document, or an executed copy thereof, may be de-
posited in any hospital, bank or storage facility, or registry office that 
accepts them for safekeeping or for Jacilitation of procedures after 
death. On request of any interested party upon or after the donor's 
death, the person in possession shall produce the document for exam-
ination. 
AMENDMENT OR REVOCATION OF T H E GIFT 
SEC. 6. (a) If the will, card, or other document of executed copy 
F
. 
thereof, has been delivered to a specified donee, the donor may amend 
or revoke the gift by— 
(1) the execution and delivery to the donee of a signed state-
ment, or 
(2) an oral statement made in the presence of two persons and 
communicated to the donee, or 
(3) a statement during a terminal illness or injury addressed 
to an attending physician and communicated to the donee, or 
(4) a signed card or document found on his person or in his 
effects. 
(b) Any document of gift which has not been delivered to the donee 
may be revoked by the donor in the manner set out in subsection (a) or 
by destruction, cancellation, or mutilation of the document and all 
executed copies thereof. 
(c) Any gift made by a will may also be amended or revoked in 
the manner provided for amendment or revocation of wills, or as 
provided in subsection (a). 
RIGHTS AND DUTIES AT DEATH 
SEC. 7. (a) The donee may accept or reject the gift. If the donee 
accepts a gift of the entire body, he may, subject to the terms of the 
gift, authorize embalming and the use of the body in funeral services. 
If the gift is of a part of the body, the donee, upon the death of the 
donor and prior to embalming, shall cause the part to be removed 
without unnecessary mutilation. After removal of the part, custody 
of the remainder of the body vests in the surviving spouse, next of 
kin or other persons under obligation to dispose of the body. 
(b) The time of death shall be determined by a physician who 
attends the donor at his death, or, if none, the physician who certifies 
the death. This physician shall not participate in the procedures for 
removing or transplanting a part. 
(c) A person who acts in good faith in accord with the terms of 
Liability. 
this Act, or under the anatomical gift laws of another State is not 
liable for damages in any civil action or subject to prosecution in any 
criminal proceeding for his act. 
(d) The provisions of this Act are subject to the laws of the District 
Autopsies. 
of Columbia prescribing powers and duties with respect to autopsies. 
Time of death. 
270 
PUBLIC LAW 91-268-MAY 26, 1970 
[84 STAT. 
UNIFORMITY OF INTERPRETATION 
SEC. 8. This Act shall be so construed as to effectuate its general 
purpose to make uniform the law of those States which enacted it. 
ba"kT" ^
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^^^- 9- (^) That part of section 3 of the District of Columbia Tissue 
Definitions. 
Bank Act (D.C. Code, sec. 2-252) which follows the definition of the 
76 Stat. 534. 
term "Commissioners" is amended to read as follows: 
" 'Donor' means any person who, in accordance with the provisions 
Ante, p. 2 66. 
Qf the District of Columbia Anatomical Gift Act, bequeaths or 
donates his tissue for removal after death in furtherance of the pur-
poses of such Act, and also means any deceased person whose tissue is 
donated or disposed of for the purposes of this Act, the District of 
Columbia Anatomical Gift Act, or sections 675, 676, and 683 of the 
Act of March 3, 1901, as amended (D.C. Code, sec. 27-119a and sec. 
64 Stat. 904; 
27-125). 
76 Stat! 536,537. 
" 'Tissue' meaus any body of a dead human or any portion thereof, 
including organs, tissues, eyes, bones, arteries, blood, and other fluids. 
" 'Tissue bank' means a facility for procuring, removing, and dis-
posing of tissue for the purposes set forth in the District of Columbia 
Anatomical Gift Act, and for the purposes of reconstructive medicine 
and surgery, and research and teaching in reconstructive medicine and 
surgery." 
Licenses and 
(|>\ Subscctiou (b) of sectiou 4 of the District of Columbia Tissue 
76 Stat. 535. 
Bank Act IS amended by striking out "prescribing, without limitation," 
D.C. Code 2-253. aiid iusertiug in lieu thereof "to carry out the purposes of this Act and 
the District of Columbia Anatomical Gift Act, including, without limi-
tation, rules and regulations prescribing." 
Drc!^^ode 2-255 
(^) Sectious 6, 7, and 8 of the District of Columbia Tissue Bank Act 
to 2-25 7. 
are hereby repealed. 
authorizltTon""^^' 
(^) Subsectiou (b) of section 9 of the District of Columbia Tissue 
D.C. Code 2-258. Bank Act is amended to read as follows: 
"(b) The Coroner of the District of Columbia may, in his discre-
tion, allow tissue to be removed from any dead human body in his 
custody or under his jurisdiction, if such tissue removal shall not inter-
fere with other functions of the Office of the Coroner, and the person 
who, in accordance with section 2(b) of the District of Columbia Ana-
tomical Gift Act, is authorized to donate tissue therefrom, shall first 
authorize such tissue removal." 
(e) Section 683 of the Act of March 8,1901 (D.C. Code, sec. 27-125), 
is amended by deleting "may be removed by or under the supervision 
of a person licensed under the authority of section 4 of such Act for 
preservation in a tissue bank operating pursuant to such Act," and 
inserting in lieu thereof the following: "or the District of Columbia 
Anatomical Gift Act may be removed by or under the supervision of a 
person licensed under the authority of section 4 of the District of 
Columbia Tissue Bank Act for preservation in a tissue bank operating 
pursuant to such Act, or for use in accordance with the provisions 
of the District of Columbia Anatomical Gift Act,". 
(f) Sections 675 and 676 of the Act of March 3, 1901 (D.C. Code, 
64 Stat. 904; 
gec. 27-119a), is amended by inserting immediately after "such Act" 
76 Stat. 536. 
^^^^ following: "or thc District of (\^lumbia Anatoinical Gift Act". 
Approved May 26, 1970.