2023 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document  of  gift  authorization for donation shall not be rescinded or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rescinded  or  amended  by  an  objection by a parent or guardian of the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eighteen  shall  otherwise  not be rescinded, except upon a showing that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.