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California Health and Safety Code Section 7150.40

Legal Research Home > California Laws > Health and Safety Code > California Health and Safety Code Section 7150.40

7150.40.  (a) Subject to subdivisions (b) and (c), and unless barred
by Section 7150.30 or 7150.35, an anatomical gift of a decedent's
body or part for the purpose of transplantation, therapy, research,
or education may be made by any member of the following classes of
persons who is reasonably available, in the following order of
priority:
   (1) An agent of the decedent at the time of death who could have
made an anatomical gift under subdivision (b) of Section 7150.15
immediately before the decedent's death.
   (2) The spouse or domestic partner 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) An adult who exhibited special care and concern for the
decedent during the decedent's lifetime.
   (9) The persons who were acting as the guardians or conservators
of the person of the decedent at the time of death.
   (10) (A) Any other person having the authority to dispose of the
decedent's body, including, but not limited to, a coroner, medical
examiner, or hospital administrator, provided that reasonable effort
has been made to locate and inform persons listed in paragraphs (1)
to (9), inclusive, of their option to make, or object to making, an
anatomical gift.
   (B) Except in the case where the useful life of the part does not
permit, a reasonable effort shall be deemed to have been made when a
search for the persons has been underway for at least 12 hours. The
search shall include a check of local police missing persons records,
examination of personal effects, and the questioning of any persons
visiting the decedent before his or her death or in the hospital,
accompanying the decedent's body, or reporting the death, in order to
obtain information that might lead to the location of any persons
listed.
   (b) If there is more than one member of a class listed in
paragraph (1), (3), (4), (5), (6), (7), or (9) of subdivision (a)
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 may pass under Section 7150.50 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.
   (c) A person shall not make an anatomical gift if, at the time of
the decedent's death, a person in a prior class under subdivision (a)
is reasonably available to make, or to object to the making of, an
anatomical gift.

Section: Previous  7150  7150.10  7150.15  7150.20  7150.25  7150.30  7150.35  7150.40  7150.45  7150.50  7150.55  7150.60  7150.65  7150.70  7150.75  Next

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Last modified: March 17, 2014