NY Pub Health L § 4301 (2021)
2021 New York Laws PBH - Public Health Article 43 - Anatomical Gifts 4301 - Persons Who May Execute an Anatomical Gift.

§  4301.  Persons  who  may  execute  an  anatomical  gift. 1. (a) Any individual of sound mind and eighteen years of age or more may  make  an anatomical  gift  to  take  effect  upon  their  death  for  any purpose specified in section forty-three hundred two of this article,  limit  an anatomical  gift  to one or more of those purposes, or refuse to make an anatomical gift. In any case where the donor  has  a  properly  executed document  of  gift  authorization for donation shall not be rescinded or amended by any other person except upon a showing that the donor revoked the authorization pursuant to section forty-three hundred five  of  this article.  (b)  Any  person who is sixteen or seventeen years of age and of sound mind may make an anatomical gift to take effect upon their death for any purpose specified in section forty-three hundred two  of  this  article, limit  an anatomical gift to one or more of those purposes, or refuse to make an anatomical gift. In any case where  the  donor  has  a  properly executed  document of gift, notice of such gift shall be provided to the donor's parents or guardians, and  authorization  for  donation  may  be rescinded  or  amended  by  an  objection by a parent or guardian of the donor at the time of death and prior to the recovery  of  any  organ  or tissue  if  the  donor is less than eighteen years of age. An anatomical gift made by an individual more than sixteen years of age but less  than eighteen  shall  otherwise  not be rescinded, except upon a showing that the donor revoked the  authorization  pursuant  to  section  forty-three hundred  five  of  this  article.  Upon  the  donor  reaching the age of eighteen, the donor's consent to donate his  or  her  organs  or  tissue shall  be  regarded  as  consent for authorization to make an anatomical gift pursuant to paragraph (a) of this subdivision.  (c) In the absence of an express, contrary indication by the donor, an anatomical gift of a part is neither a refusal to give other parts nor a limitation on an individual's ability to make an anatomical  gift  under subdivision two of this section.   2.  (a)  In  the absence of a gift made by the donor under subdivision one of this section, and in the absence of  actual  notice  of  contrary indications by the decedent, including religious or moral objections, an anatomical  gift of the decedent's body may be made by any member of the following classes of persons who is reasonably available, in  the  order of  priority  listed,  for  any purpose specified in section forty-three hundred two of this article:  (i) the person designated as the decedent's health  care  agent  under article  twenty-nine-C of this chapter, subject to any written statement in the health care proxy form,  (ii) the person designated  as  the  decedent's  agent  in  a  written instrument  under  article  forty-two  of  this  chapter, subject to any written statement in the written instrument,  (iii) the spouse, if not legally separated from the  patient,  or  the domestic partner,  (iv) a son or daughter eighteen years of age or older,  (v) either parent,  (vi) a brother or sister eighteen years of age or older,  (vii) an adult grandchild of the decedent,  (viii) a grandparent of the decedent,  (ix)  a  guardian  of the person of the decedent at the time of his or her death, or  (x) any other person authorized or under the obligation to dispose  of the body.  (b) If there is more than one member of a class listed in subparagraph (iv),  (vi),  (vii),  or  (viii)  of  paragraph  (a) of this subdivision entitled to make an anatomical gift, an anatomical gift may be made by a  member of the class unless that member or person knows of  an  objection by  another  member of the class. If an objection is known, the gift may be made only by  a  majority  of  the  members  of  the  class  who  are reasonably available.   3.  An  anatomical  gift  may  not  be  made  by  a  person  listed in subdivision two of this section if:  (a) a person in a prior class is reasonably available;  (b) the person proposing to make an anatomical gift knows of a refusal or contrary indications by the decedent, including  that  an  anatomical gift is contrary to the decedent's religious or moral beliefs.   4.  Any gift by a person designated in subdivision two of this section shall be by a document signed by him or  her  or  made  by  his  or  her telegraphic,  recorded  telephonic,  or  other recorded message. Where a gift is made under this subdivision, either: (a) the  authorizing  party shall  indicate  in the document or message that he or she has no actual notice of contrary indications by the decedent and no reason to  believe that an anatomical gift is contrary to the decedent's religious or moral beliefs; or (b) an agent of the organ procurement organization or of the donee  shall make reasonable efforts to inquire of the authorizing party or otherwise determine that the authorizing party has no  actual  notice of contrary indications by the decedent and no reason to believe that an anatomical  gift  is  contrary  to  the  decedent's  religious  or moral beliefs.   5.  The  donee  shall  not  accept  the  gift  under   the   following circumstances:  (a)  the  donee  has  actual  notice  of  contrary  indication  by the decedent;  (b) where an anatomical gift is not properly  made  pursuant  to  this section; or  (c)  the  donee  has  reason  to  believe  that  an anatomical gift is contrary to the decedent's religious or moral beliefs.   6. A gift of  all  or  part  of  a  body  authorizes  any  examination necessary  to  assure  medical  acceptability  of  gift for the purposes intended.   7. The rights of the donee created by the gift are  paramount  to  the rights of others except as provided by section forty-three hundred eight of this article.   8.  The  person  who  documents the making, amending or revoking of an anatomical gift, acting reasonably and in good faith in accordance  with this article, may accept an anatomical gift under this article made by a person  who  represents  that  he  or  she is entitled to consent to the donation.