Methods of making or refusing to make gift
Sec. 4. (a) A gift of all or part of the body under section 2(a) of
this chapter may be made by will. The gift becomes effective upon
the death of the testator without waiting for probate. If the will is not
probated, or if it is declared invalid for testamentary purposes, the
gift, to the extent that it has been acted upon in good faith, is
nevertheless valid and effective.
(b) A gift of all or part of the body under section 2(a) of this
chapter may also be made by document other than a will. The gift
becomes effective upon the death of the donor. The document, which
may be a card designed to be carried on the person, must be signed
by the donor. Except as provided in IC 9-24-17-8, if the donor cannot
sign, the document may be signed by another for the donor:
(1) at the donor's direction and in the donor's presence; and
(2) in the presence of two (2) witnesses who must sign the
document in the donor's presence and each other's presence.
The document must state that it has been signed in accordance with
this subsection. Delivery of the document of gift during the donor's
lifetime is not necessary to make the gift valid.
(c) The gift may be made to a specified donee or without
specifying a donee. If the latter, the gift may be accepted by the
attending physician as donee upon or following death. If the gift is
made to a specified donee who is not available at the time and place
of death, the attending physician upon or following death, in the
absence of any expressed indication that the donor desired otherwise,
may accept the gift as donee. The gift of an eye or part of an eye
made without specifying a donee, or made to a donee who is not
available at the time and place of death and without an expression of
a contrary desire, may be accepted by the attending physician as
donee on behalf of an eye bank in Indiana. The physician who
becomes a donee under this subsection shall not participate in the
procedures for removing or transplanting a part.
(d) Notwithstanding section 7(b) of this chapter, the donor may
designate in his will, card, or other document of gift the surgeon or
physician to carry out the appropriate procedures. In the absence of
a designation or if the designee is not available, the donee or other
person authorized to accept the gift may employ or authorize any
surgeon or physician for the purpose.
(e) After proper certification of death by a physician and
compliance with the intent of the gift as determined by reference to
this chapter:
(1) with respect to a gift of an eye or part of an eye, including
the cornea or corneal tissue, the eye or part of the eye may be
removed for the gift by:
(A) a physician licensed under IC 25-22.5; or
(B) an individual who is registered with the medical
licensing board as a corneal excision technician; or
(2) with respect to a gift of a whole eye, the eye may be
removed for the gift by:
(A) a physician licensed under IC 25-22.5;
(B) an individual who is registered with the medical
licensing board as a corneal excision technician;
(C) an embalmer or a funeral director who, before
September 1, 1983, completed a course in eye enucleation
and was certified as competent to enucleate eyes by an
accredited school of medicine; or
(D) an individual who is registered with the medical
licensing board as an eye enucleator.
(f) A person who, in good faith reliance upon a will, card, or other
document of gift, and without actual notice of the amendment,
revocation, or invalidity of the will, card, or document:
(1) takes possession of a decedent's body or performs or causes
to be performed surgical operations upon a decedent's body; or
(2) removes or causes to be removed organs, tissues, or other
parts from a decedent's body;
is not liable in damages in any civil action brought against the donor
for that act.
(g) Any gift by a person designated in section 2(b) of this chapter
shall be made by a document signed by the donor or made by the
donor's telegraphic, recorded telephonic, or other recorded message.
(h) An individual may refuse to make a gift under this chapter or
IC 9-24-17 of all or part of the individual's body by any of the
following methods:
(1) A writing signed in the same manner as a document under
subsection (b).
(2) Any writing used to identify the individual as refusing to
make an anatomical gift under this chapter.
During a terminal illness or injury, the refusal may be an oral
statement or other form of communication.
(i) In the absence of a contrary indication by an individual, a gift
under this chapter of a part of the individual's body is neither a
refusal to give other parts of the body nor a limitation to give only
part of the body under this chapter or IC 9-24-17.
(j) In the absence of a contrary indication by an individual, a
revocation or an amendment under section 6 of this chapter is not a
refusal to make another gift under this chapter. If an individual
intends a revocation to be a refusal to make a gift under this chapter,
the individual must make the refusal in accordance with subsection
(h).
(k) A gift under this chapter or IC 9-24-17 that is not revoked
before the donor dies is irrevocable.
(l) Revocation, suspension, or cancellation of the license or
expiration of the license or identification card does not invalidate the
anatomical gift.
(m) An anatomical gift is valid if the person acknowledges the
making of the anatomical gift by signing an application form for a
driver's license or an identification card under IC 9-24-17-8. No other
acknowledgment is required to make an anatomical gift.
(Formerly: Acts 1969, c.166, s.4; Acts 1975, P.L.291, SEC.1.) As
amended by P.L.276-1983, SEC.1; P.L.246-1985, SEC.19;
P.L.2-1992, SEC.789; P.L.36-1993, SEC.4; P.L.126-1995, SEC.5;
P.L.135-1995, SEC.3; P.L.29-2000, SEC.7; P.L.94-2002, SEC.4.
Last modified: May 27, 2006