34-26-54 Refusal to make anatomical gift--Effect of refusal.
Refusal to make anatomical gift--Effect of refusal.
(a) An individual may refuse
to make an anatomical gift of the individual's body or part by:
A record signed by:
The individual; or
Subject to subsection (b), another individual acting at the direction of the
individual if the individual is physically unable to sign;
The individual's will, whether or not the will is admitted to probate or invalidated after
the individual's death; or
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
(b) A record signed pursuant to subsection (a)(1)(B) must:
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
State that it has been signed and witnessed as provided in paragraph (1).
(c) An individual who has made a refusal may amend or revoke the refusal:
In the manner provided in subsection (a) for making a refusal;
By subsequently making an anatomical gift pursuant to § 34-26-52 that is inconsistent
with the refusal; or
By destroying or canceling the record evidencing the refusal, or the portion of the record
used to make the refusal, with the intent to revoke the refusal.
(d) Except as otherwise provided in § 34-26-55(h), 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 part bars all other persons from making an anatomical gift
of the individual's body or part.
Source: SL 2007, ch 197, § 7.