reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.005 - Death, legal definition.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 28 Aug 1982
194.005. Death, legal definition. —
For all legal purposes, the occurrence of human death shall be determined in accordance with the usual and customary standards of medical practice, provided that death shall not be determined to have occurred unless the following minimal conditions have been met:
(1) When respiration and circulation are not artificially maintained, there is an irreversible cessation of spontaneous respiration and circulation; or
(2) When respiration and circulation are artificially maintained, and there is a total and irreversible cessation of all brain function, including the brain stem and that such determination is made by a licensed physician.
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(L. 1982 H.B. 1223 § 1)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.010 - Shipment by common carrier, rules.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
Effective - 28 Aug 2023, 2 histories
194.010. Shipment by common carrier, rules. —
The department of health and senior services shall issue regulations setting forth health and safety requirements for transporting dead human bodies that are placed on common carriers in the state of Missouri.
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(RSMo 1939 § 9788, A.L. 2023 S.B. 116)
Prior revisions: 1929 § 9067; 1919 § 5823; 1909 § 6691
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.105 - Disinterment for transport to location outside original cemetery — notice, to whom.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
Effective - 28 Aug 2023, 2 histories
194.105. Disinterment for transport to location outside original cemetery — notice, to whom. —
In addition to any records filed pursuant to chapter 193, any person or owner or operator of any cemetery which removes any body which has been properly buried or interred for transportation to a location outside the original cemetery shall, prior to such disinterment, file notice with the county coroner or county medical examiner.
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(L. 1989 S.B. 389, A.L. 1990 H.B. 1079, A.L. 2023 S.B. 116)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.120 - Missouri state anatomical board — members — responsibilities.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 28 Aug 1939
194.120. Missouri state anatomical board — members — responsibilities. —
1. That the heads of departments of anatomy, professors and associate professors of anatomy at the educational institutions of the state of Missouri which are now or may hereafter become incorporated, and in which said educational institutions human anatomy is investigated or taught to students in attendance at said educational institutions, shall be and hereby are constituted the "Missouri State Anatomical Board", herein referred to in sections 194.120 to 194.180 as "the board".
2. The board shall have exclusive charge and control of the disposal and delivery of dead human bodies, as described in sections 194.120 to 194.180, to and among such educational institutions as under the provisions of said sections are entitled thereto.
3. The secretary of the board shall keep an accurate record of all bodies received and distributed by the board, showing the dates of receipt and distribution, the sources from which they came to the board, and the name and address of the educational institutions to which the same were sent, which record shall be at all times open to the inspection of each member of the board and of any prosecuting attorney or circuit attorney of any county or city within the state of Missouri.
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(RSMo 1939 § 9998)
Prior revisions: 1929 § 9128; 1919 § 7343; 1909 § 8324
CROSS REFERENCE:
Board transferred to department of higher education and workforce development by the Reorganization Act of 1974. See section 173.005.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.130 - Meetings of board — organization — funds.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 28 Aug 1939
194.130. Meetings of board — organization — funds. —
1. Each educational institution entitled by sections 194.120 to 194.180 to receive dead human bodies shall have, through its representatives in attendance at the regular or called meetings of the board, one vote and no more on any and all matters voted upon. There shall be at least one regular meeting each year, held at such time and place as the board may decide.
2. The board shall adopt its own bylaws, elect or otherwise designate or select its own officers and agents, and determine their compensation.
3. Each educational institution accepting the provisions of sections 194.120 to 194.180 shall remit to the board a sum to be fixed and determined by the board; said sum shall be in proportion to the total number of students in attendance at said educational institutions as set forth in the affidavit provided for in section 194.140, or so much per capita for each of said students within sixty days after the beginning of each term. The funds so received shall be used in providing for the expense incurred in the conduct of the affairs of the board, and the board shall have the exclusive custody and control of such funds and their disbursements.
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(RSMo 1939 § 10003)
Prior revisions: 1929 § 9133; 1919 § 7348; 1909 § 8329
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.140 - Acceptance of provisions of this law — bond — prohibited actions and penalties.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 28 Aug 1939
194.140. Acceptance of provisions of this law — bond — prohibited actions and penalties. —
1. The president and secretary, or the dean and registrar, of any educational institution in this state in which human anatomy is being investigated or taught, desiring to accept the provisions of sections 194.120 to 194.180, shall, within thirty days of the first day of each term of said educational institution, make and furnish to the secretary of the board a sworn statement setting forth the number of students in attendance at such educational institution.
2. No educational institution shall be allowed or permitted to receive any body or bodies in the manner provided for by sections 194.120 to 194.180 until a bond, approved as to form by the attorney general of this state, shall have been given to the board by or in behalf of such educational institution, which bond shall be in the penal sum of one thousand dollars, conditioned that all such bodies which the said educational institution shall receive thereafter in the manner provided by said sections, shall be used only for the promotion or application of anatomical knowledge and science; and whosoever shall sell or buy such body or bodies, or part or parts of body or bodies, or in any way traffic in the same, or shall transmit or convey or cause to be transmitted or conveyed such body or bodies, or part or parts of such body or bodies, to any place outside of this state, shall be deemed guilty of a misdemeanor and shall, upon conviction, be subject to a fine not exceeding two hundred dollars or be imprisoned for a term not exceeding one year, or both; but this section shall not be construed as prohibiting any physician or dentist licensed to practice his profession in this state, or teachers or investigators of anatomy in said institutions, from transporting human specimens outside of the state for temporary use at scientific meetings or exhibits.
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(RSMo 1939 § 9999)
Prior revisions: 1929 § 9131; 1919 § 7346; 1909 § 8327
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.150 - Disposal of paupers' bodies.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 28 Aug 1939
194.150. Disposal of paupers' bodies. —
1. Superintendents or wardens of penitentiaries, houses of correction and bridewells, hospitals, insane asylums and poorhouses, and coroners, sheriffs, jailers, city and county undertakers, and all other state, county, town or city officers having the custody of the body of any deceased person required to be buried at public expense, shall be and hereby are required immediately to notify the secretary of the board, or the person duly designated by the board or by its secretary to receive such notice, whenever any such body or bodies come into his or their custody, charge or control, and shall, without fee or reward, deliver, within a period not to exceed thirty-six hours after death, except in cases within the jurisdiction of a coroner where retention for a longer time may be necessary, such body or bodies into the custody of the board and permit the board or its agent or agents to take and remove all such bodies, or otherwise dispose of them; provided, that each educational institution receiving a body from the board shall hold such body for at least thirty days, during which time any relative or friend of any such deceased person or persons shall have the right to take and receive the dead body from the possession of any person in whose charge or custody it may be found, for the purpose of interment, upon paying the expense of such interment.
2. Each educational institution securing a dead body shall pay all necessary expense incurred in the delivery thereof, including cost of notice to the secretary of the board or his agent, which notice shall be by telegraph, when necessary to insure immediate notice. A correct record of all such bodies, including the name and date of death, shall be kept in a book provided for that purpose by the county clerk of the county in which such person died, and by the city health commissioner of the city of St. Louis, and such record shall be promptly furnished said officer by the person or persons reporting said bodies to the secretary of the board or his agent.
3. Whenever any person fails to give the notice and deliver the body of a deceased person as required by this section, and by reason of such failure such body shall become unfit for anatomical purposes, and is so certified by the duly authorized officer or agent of the board, such body shall be buried at the expense of the person so failing to notify and deliver such body.
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(RSMo 1939 § 10000)
Prior revisions: 1929 § 9129; 1919 § 7344; 1909 § 8325
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.160 - Distribution of bodies.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 28 Aug 1939
194.160. Distribution of bodies. —
1. The secretary of the board shall cause to be distributed the bodies aforesaid, to any of the educational institutions mentioned in section 194.120, upon the acceptance and compliance by said educational institution with the provisions of sections 194.120 to 194.180, in proportion to the number of students in attendance at said educational institutions where the subject of human anatomy is studied or investigated.
2. The board may employ a carrier or carriers for the conveyance of such bodies, which bodies shall be well enclosed within a suitable encasement, and carefully deposited free from public observation. Said carrier shall obtain a receipt from the officer or other person having custody of any dead body subject to the provisions of sections 194.120 to 194.180 for each body received by said carrier, and said receipt shall set forth the name of the deceased, if known, and all other data that will aid in identifying such body, and shall deposit this receipt with the secretary of the board.
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(RSMo 1939 § 10001)
Prior revisions: 1929 § 9130; 1919 § 7345; 1909 § 8326
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.170 - Autopsy not to be held, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 28 Aug 1939
194.170. Autopsy not to be held, when. —
Bodies required to be buried at public expense shall be under the exclusive custody and control of the board. It is hereby declared unlawful for any person or persons to hold any autopsy on any dead human body subject to the provisions of sections 194.120 to 194.180 without first having obtained the consent of the secretary of the board or his accredited agent. The consent of any person for an autopsy on his or her body shall not in any way prevent or affect the application of sections 194.120 to 194.180.
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(RSMo 1939 § 10002)
Prior revisions: 1929 § 9132; 1919 § 7347; 1909 § 8328
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.180 - Penalty for violation.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 28 Aug 1939
194.180. Penalty for violation. —
Any person violating the provisions of sections 194.120 to 194.180, other than the provision named in section 194.140, for the violation of which special penalties are therein imposed, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than fifty dollars nor more than five hundred dollars.
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(RSMo 1939 § 10004)
Prior revisions: 1929 § 9134; 1919 § 7349; 1909 § 8330
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.197 - Depth at which body is buried may be regulated.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
Effective - 28 Aug 1985
194.197. Depth at which body is buried may be regulated. —
The governing body of every county and every municipality of this state may regulate the depth at which a human body may be buried.
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(L. 1985 H.B. 677 § 1)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.200 - Disposition of a stillborn child, definitions, duties of hospital, duties of parents, collection of costs, penalties.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
Effective - 28 Aug 1997
194.200. Disposition of a stillborn child, definitions, duties of hospital, duties of parents, collection of costs, penalties. —
1. As used in this section, the following terms mean:
(1)
"Final disposition"
, the burial, entombment, cremation, delivery to an educational or medical institution for donation, delivery to the state anatomical board or removal from the state of the remains of a deceased person;
(2)
"Parents"
, either or both the biological mother or father of a stillborn child, but such term shall not include an unknown or unidentified biological father;
(3)
"Stillborn child"
, a child who is dead at birth.
2. If a hospital or other health care facility transfers a stillborn child to a funeral establishment for final disposition, the hospital or health care facility shall contact one or both of the parents of such child within twenty-four hours of such transfer for instructions on the method of final disposition of the child. If the hospital contacts and receives instructions from at least one of the parents, the hospital shall convey such instructions to the funeral establishment which shall proceed as directed by such instructions. If the funeral establishment receives instructions from at least one of the parents, the funeral establishment may arrange for the final disposition of the child in accordance with such instructions without contacting the other parent. If the parents of the child do not provide instructions for the final disposition within five days, the funeral establishment shall conduct the most cost-effective method of final disposition of such child and the hospital shall be responsible for the cost of such final disposition. The hospital shall be entitled to collect the cost of such disposition from the parents. If the parents select the manner of final disposition, the parents shall be responsible to the funeral establishment for the costs of such disposition.
3. Any person who violates the provisions of this section is guilty of a class A misdemeanor.
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(L. 1997 H.B. 713 § 1)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.215 - Applicability of law.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 28 Aug 2008
194.215. Applicability of law. —
Sections 194.210 to 194.294 apply to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.
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(L. 2008 S.B. 1139)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.220 - Registry to be established — gift may be made by whom.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 28 Aug 2008, 3 histories
194.220. Registry to be established — gift may be made by whom. —
1. (1) The department of health and senior services shall establish or contract for the establishment of a first person consent organ and tissue donor registry.
(2) The department of health and senior services and the department of revenue shall advise the individual that he or she is under no obligation to have his or her name included in the first person consent organ and tissue donor registry.
(3) An individual who agrees to have his or her name in the first person consent organ and tissue donor registry has given full legal consent to the donation of any of his or her organs or tissues upon his or her death as recorded in the registry or as subject in subsection 2 of this section.
(4) An individual may withdraw his or her consent to be listed in the first person consent organ and tissue donor registry as indicated in this section. The department of health and senior services and the department of revenue shall provide information to an individual advising them that withdrawal of his or her consent to be listed in the registry does not constitute a refusal to make an anatomical gift of the individual's body or part, and that his or her agent or any person listed in section 194.245 having priority to make an anatomical gift on behalf of the individual may make a gift of the individual's body or part.
(5) The department of health and senior services and the department of revenue shall provide information advising the individual that if he or she wants to bar other persons from making an anatomical gift of his or her body or part, the individual must execute a refusal under section 194.235.
2. Subject to section 194.240, an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in section 194.225 by:
(1) The donor, if the donor is an adult or if the donor is a minor and is:
(a) Emancipated; or
(b) Authorized under state law to apply for a driver's license;
(2) An agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift;
(3) A parent of the donor, if the donor is an unemancipated minor; or
(4) The donor's guardian.
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(L. 1969 S.B. 43 § 2, A.L. 1989 H.B. 145, A.L. 1996 H.B. 811, A.L. 2002 S.B. 1026 § 194.220 merged with § 1, A.L. 2003 S.B. 351 merged with S.B. 355, A.L. 2008 S.B. 1139)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.230 - Amendment or revocation, procedure.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 28 Aug 2008, 2 histories
194.230. Amendment or revocation, procedure. —
1. Subject to section 194.240, a donor or other person authorized to make an anatomical gift under section 194.220 may amend or revoke an anatomical gift by:
(1) A record signed by:
(a) The donor;
(b) The other person; or
(c) Subject to subsection 2 of this section, another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or
(2) A later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.
2. A record signed under paragraph (c) of subdivision (1) of subsection 1 of this section shall:
(1) Be witnessed by at least two adults at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
(2) State that it has been signed and witnessed as provided in subdivision (1) of this subsection.
3. Subject to section 194.240, a donor or other person authorized to make an anatomical gift under section 194.220 may revoke the gift by the destruction or cancellation of the document of gift, or a portion of the document of gift used to make the gift, with the intent to revoke the gift.
4. A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two adults at least one of whom is a disinterested witness.
5. A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection 1 of this section.
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(L. 1969 S.B. 43 § 3, A.L. 2002 S.B. 1026, A.L. 2008 S.B. 1139)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.235 - Refusal to make a gift, evidenced how, requirements.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 28 Aug 2008
194.235. Refusal to make a gift, evidenced how, requirements. —
1. An individual may refuse to make an anatomical gift of the individual's body or part by:
(1) A record signed by:
(a) The individual; or
(b) Subject to subsection 2 of this section, another individual acting at the direction of the individual if the individual is physically unable to sign;
(2) The individual's will whether or not the will is admitted to probate or invalidated after the individual's death; or
(3) Any form of communication made by the individual during the individual's terminal illness or injury addressed to at least two adults at least one of whom is a disinterested witness.
2. A record signed under paragraph (b) of subdivision (1) of subsection 1 of this section shall:
(1) Be witnessed by at least two adults at least one of whom is a disinterested witness, who have signed at the request of the individual; and
(2) State that it has been signed and witnessed as provided in subdivision (1) of this subsection.
3. An individual may amend or revoke a refusal:
(1) In the manner provided in subsection 1 of this section for making a refusal;
(2) By subsequently making an anatomical gift under section 194.225 that is inconsistent with the refusal; or
(3) By the destroying or cancelling of the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.
4. Except as otherwise provided in subsection 8 of section 194.240, in the absence of an express, contrary indication by the individual set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of the individual's body or a part bars all other persons from making an anatomical gift of the individual's body or the part.
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(L. 2008 S.B. 1139)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.240 - Person other than donor barred from making, amending, or revoking donor's gift — revocation not a bar to making a gift — parent may revoke or amend a gift of a child.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 28 Aug 2008
194.240. Person other than donor barred from making, amending, or revoking donor's gift — revocation not a bar to making a gift — parent may revoke or amend a gift of a child. —
1. Except as otherwise provided in subsection 7 of this section and subject to subsection 6 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 a part if the donor made an anatomical gift of the donor's body or the part under section 194.225 or an amendment to an anatomical gift of the donor's body or the part under section 194.230.
2. A donor's revocation of an anatomical gift of the donor's body or a part under section 194.230 is not a refusal and does not bar another person specified in section 194.220 or 194.245 from making an anatomical gift of the donor's body or a part under section 194.225 or 194.250.
3. If a person other than the donor makes an unrevoked anatomical gift of the donor's body or part under section 194.225 or an amendment to an anatomical gift of the donor's body or part under section 194.230, another person may not make, amend, or revoke the gift of the donor's body or part under section 194.250.
4. A revocation of an anatomical gift of the donor's body or a part under section 194.230 by a person other than the donor does not bar another person from making an anatomical gift of the body or a part under section 194.225 or 194.250.
5. In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under section 194.220, 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.
6. In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under section 194.220, an anatomical gift of a part for one or more purposes set forth in section 194.220 is not a limitation on the making of an anatomical gift of the part for any other purpose by the donor or other person under section 194.225 or 194.250.
7. If a donor who is an unemancipated minor dies, a parent or guardian of the donor who is reasonably available may revoke or amend an anatomical gift of the donor's body or part.
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(L. 1969 S.B. 43 § 4, A.L. 1975 H.B. 107, A.L. 1978 H.B. 1492, A.L. 1991 S.B. 177, A.L. 1995 H.B. 178, A.L. 1996 H.B. 811, A.L. 2008 S.B. 1139)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.245 - Gift for transplantation, therapy, research, or education, priority list for persons making.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 28 Aug 2008
194.245. Gift for transplantation, therapy, research, or education, priority list for persons making. —
1. Subject to subsections 2 and 3 of this section and unless barred by section 194.235 or 194.240, an anatomical gift of a decedent's body or part for purposes of transplantation, therapy, research, or education may be made in the order of priority listed, by any member of the following classes of persons who is reasonably available, in the order of priority listed:
(1) An agent of the decedent at the time of death who could have made an anatomical gift under subdivision (2) of subsection 2 of section 194.220 immediately before the decedent's death;
(2) The spouse of the decedent;
(3) Adult children of the decedent;
(4) Parents of the decedent;
(5) Adult siblings of the decedent;
(6) Adult grandchildren of the decedent;
(7) Grandparents of the decedent;
(8) The persons who were acting as the guardian of the person of the decedent at the time of death; and
(9) Any other public official having the authority to dispose of the decedent's body.
2. If there is more than one member of a class listed in subdivision (1), (3), (4), (5), (6), (7), or (9) of subsection 1 of this section entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift can pass under section 194.255 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. A person may not make an anatomical gift if, at the time of the decedent's death, a person in a prior class under subsection 1 of this section is reasonably available to make or to object to the making of an anatomical gift.
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(L. 2008 S.B. 1139)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.250 - Document of gift, procedure.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 28 Aug 2008
194.250. Document of gift, procedure. —
1. A person authorized to make an anatomical gift under section 194.245 may make an anatomical gift by a document of gift signed by the person making the gift or that person's oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.
2. Subject to subsection 3 of this section, an anatomical gift by a person authorized under section 194.245 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized under section 194.245 may be:
(1) Amended only if a majority of reasonably available members agree to the revoking of the gift; or
(2) Revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.
3. A revocation under subsection 2 of this section is effective only if, before an incision has been made to remove a part from the donor's body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation.
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(L. 1969 S.B. 43 § 5, A.L. 2008 S.B. 1139)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.260 - Reasonable search to identify donors — immunity from liability, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 28 Aug 2008
194.260. Reasonable search to identify donors — immunity from liability, when. —
1. The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal:
(1) A law enforcement officer, firefighter, paramedic, or other emergency rescuer finding the individual; and
(2) If no other source of the information is immediately available, a hospital, as soon as practical after the individual's arrival at the hospital.
2. If a document of gift or a refusal to make an anatomical gift is located by the search required by subdivision (1) of subsection 1 of this section and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital.
3. A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this section but may be subject to administrative sanctions.
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(L. 1969 S.B. 43 § 6, A.L. 2008 S.B. 1139)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.263 - Delivery of document of gift not required — examination and copying of document permitted, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 28 Aug 2008
194.263. Delivery of document of gift not required — examination and copying of document permitted, when. —
1. A document of gift need not be delivered during the donor's lifetime to be effective.
2. Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under section 194.255.
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(L. 2008 S.B. 1139)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.270 - Hospitals to enter into agreements with procurement organizations.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 28 Aug 2008
194.270. Hospitals to enter into agreements with procurement organizations. —
Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.
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(L. 1969 S.B. 43 § 7, A.L. 2008 S.B. 1139)
(2004) Determination of good faith under the Uniform Anatomical Gift Act is a question of law which can be addressed on summary judgment. Schembre v. Mid-America Transplant Association, 135 S.W.3d 527 (Mo.App.E.D.).
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.275 - Purchase or sale of body parts for valuable consideration prohibited — penalty — definition.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 28 Aug 2008
194.275. Purchase or sale of body parts for valuable consideration prohibited — penalty — definition. —
1. Except as otherwise provided in subsection 2 of this section, a person that for valuable consideration knowingly purchases or sells a part for any purpose if removal of the whole body or a part from an individual is intended to occur after the individual's death commits a felony and upon pleading or being found guilty is subject to a fine not exceeding fifty thousand dollars or imprisonment not exceeding seven years, or both.
2. For purposes of this section, the term
"valuable consideration"
does not include the reasonable payments associated with the removal, transportation, implantation, processing, preservation, quality control, and storage of any part or a whole body.
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(L. 2008 S.B. 1139)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.280 - Falsification of documents, penalty.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 28 Aug 2008
194.280. Falsification of documents, penalty. —
Any person that in order to obtain a financial gain knowingly falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal commits a felony and upon pleading or being found guilty is subject to a fine not exceeding fifty thousand dollars or imprisonment not exceeding seven years, or both.
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(L. 1969 S.B. 43 § 8, A.L. 2008 S.B. 1139)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.285 - Immunity from liability, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 28 Aug 2022, 2 histories
194.285. Immunity from liability, when. —
1. A person that acts in accordance with sections 194.210 to 194.294 or with the applicable anatomical gift law of another state that is not inconsistent with the provisions of sections 194.210 to 194.294 or attempts without negligence and in good faith to do so is not liable for the act in any civil action, criminal, or administrative proceeding.
2. Neither the person making an anatomical gift nor the donor's estate is liable for any injury or damage that results from the making or use of the gift.
3. In determining whether an anatomical gift has been made, amended, or revoked under sections 194.210 to 194.294, a person may rely upon representations of individuals listed in subdivision (2), (3), (4), (5), (6), (7), or (8) of subsection 1 of section 194.245 relating to the individual's relationship to the donor, potential donor, or prospective donor unless the person knows that representation is untrue.
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(L. 2008 S.B. 1139, A.L. 2022 H.B. 2331 merged with S.B. 710)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.290 - Declarations and advance health care directives — definitions — gift in conflict with, donor or physician to resolve.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 28 Aug 2022, 2 histories
194.290. Declarations and advance health care directives — definitions — gift in conflict with, donor or physician to resolve. —
1. As used in this section, the following terms mean:
(1)
"Advance health-care directive"
, a power of attorney for health care or a record signed or authorized by a donor, potential donor, or prospective donor, containing the donor's direction concerning a health-care decision for the donor;
(2)
"Declaration"
, a record, including but not limited to a living will, or a do-not-resuscitate order, signed by a donor, potential donor, or prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn;
(3)
"Health-care decision"
, any decision regarding the health care of the donor, potential donor, or prospective donor.
2. If a donor, potential donor, or prospective donor has a declaration or advance health-care directive and the terms of the declaration or directive and the express or implied terms of a potential anatomical gift are in conflict with regard to the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy, the donor's attending physician and donor shall confer to resolve the conflict. If the donor, potential donor, or prospective donor is incapable of resolving the conflict, an agent acting under the donor's declaration or directive or, if none or the agent is not reasonably available, another person authorized by law to make health-care decisions on behalf of the donor shall act for the donor to resolve the conflict. The conflict must be resolved as expeditiously as possible. Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift for the prospective donor under section 194.245. Before the resolution of the conflict, measures necessary to ensure the medical suitability of an organ for transplantation or therapy may not be withheld or withdrawn from the donor, potential donor, or prospective donor if withholding or withdrawing the measures is not contraindicated by appropriate end-of-life care.
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(L. 1969 S.B. 43 § 9, A.L. 2008 S.B. 1139, A.L. 2022 H.B. 2331 merged with S.B. 710)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.292 - Requirements for valid execution of a document of gift — presumption of validity, when — requirements for out-of-state execution of documents.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 28 Aug 2008
194.292. Requirements for valid execution of a document of gift — presumption of validity, when — requirements for out-of-state execution of documents. —
1. A document of gift is valid if executed in accordance with:
(1) Sections 194.210 to 194.294;
(2) The laws of the state or country where it was executed; or
(3) The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed.
2. If a document of gift is valid as provided by subsection 1 of this section, the law of this state governs the interpretation of the document of gift.
3. A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.
4. For purposes of this section, for a document of gift from another state or country to be valid it must be executed by a record, document, or donor registry that expresses the informed consent of a person to make an anatomical gift.
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(L. 2008 S.B. 1139)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.293 - Uniformity of law a consideration in construing statutory provisions.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 28 Aug 2008
194.293. Uniformity of law a consideration in construing statutory provisions. —
In applying and construing sections 194.216
*
to 194.290, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
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(L. 2008 S.B. 1139)
*Section 194.216 does not exist.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.294 - Effect of law on certain federal acts.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 28 Aug 2008
194.294. Effect of law on certain federal acts. —
Sections 194.210 to 194.294 modify, limit, and supersede
*
the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(a) of that act, 15 U.S.C. Section 7001, or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
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(L. 2008 S.B. 1139)
*Words "modifies, limits, and supersedes" appear in original rolls.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.295 - Embalmers authorized to enucleate eyes, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
Effective - 28 Aug 1973
194.295. Embalmers authorized to enucleate eyes, when. —
Any embalmer, licensed under the provisions of chapter 333, who has successfully completed a course in eye enucleation conducted or certified by the department of ophthalmology of a college of medicine offering said course, and who holds a valid certificate of competence for completing the course, may enucleate eyes when the eyes have been donated as a gift as provided by the Missouri uniform anatomical gift act. No embalmer is subject to any civil or criminal liability for performing any act necessary to enucleate eyes as provided by this section.
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(L. 1973 S.B. 34 § 1)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.299 - Money in organ donor program fund, how expended.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 28 Aug 2022, 2 histories
194.299. Money in organ donor program fund, how expended. —
The moneys in the organ donor program fund shall be expended as follows:
(1) The department of health and senior services may enter into contracts with certified organ procurement organizations, other organizations, individuals, and institutions for services furthering the development and implementation of organ donation awareness programs in this state;
(2) Education and awareness initiatives, donor family recognition efforts, training, strategic planning efforts, and registry initiatives;
(3) Publication of informational pamphlets or booklets by the department of health and senior services and the advisory committee regarding organ donations and donations to the organ donor program fund when obtaining or renewing a license to operate a motor vehicle pursuant to subsection 2 of section 302.171;
(4) Maintenance of a central registry of potential organ, eye, and tissue donors pursuant to subsection 1 of section 194.304;
(5) Implementation of organ donation awareness programs in the secondary schools of this state by the department of elementary and secondary education; and
(6) Reimbursements for reasonable and necessary expenses incurred by advisory committee members pursuant to subsection 2 of section 194.300.
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(L. 1995 H.B. 178 § 1 subsec. 4, A.L. 2022 H.B. 2331 merged with S.B. 710)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.300 - Organ donation advisory committee established, appointment, qualifications, expenses, terms.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 28 Aug 2023, 2 histories
194.300. Organ donation advisory committee established, appointment, qualifications, expenses, terms. —
1. There is established within the department of health and senior services the "Organ Donation Advisory Committee", which shall consist of the following members appointed by the director of the department of health and senior services:
(1) Four representatives of organ and tissue procurement organizations;
(2) Four members representative of organ recipients, families of organ recipients, organ donors and families of organ donors;
(3) One health care representative from a hospital located in Missouri; and
(4) One representative of the department of health and senior services.
2. Members of the advisory committee shall receive no compensation for their services, but may be reimbursed for the reasonable and necessary expenses incurred in the performance of their duties out of appropriations made for that purpose. Members shall serve for five year terms and shall serve at the pleasure of the director.
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(L. 1995 H.B. 178 § 1 subsecs. 2 & 3, A.L. 2023 H.B. 402)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.302 - Advisory committee's powers and duties — annual report, due when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 01 Jan 1996, see footnote
194.302. Advisory committee's powers and duties — annual report, due when. —
The advisory committee shall assist the department of health and senior services and the department of elementary and secondary education in the development of organ donor awareness programs to educate the general public on the importance of organ donations and shall recommend priorities in the expenditures from the organ donor program fund. The advisory committee shall submit a report of its activities and recommendations to the director of the department of health and senior services, the general assembly and the governor by the fifteenth day of January of each year, beginning January 15, 1997.
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(L. 1995 H.B. 178 § 1 subsec. 5)
Effective 1-1-96