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New York Public Health - Article 43 - § 4301 Persons Who May Execute an Anatomical Gift

Legal Research Home > New York Laws > Public Health > New York Public Health - Article 43 - § 4301 Persons Who May Execute an Anatomical Gift


Public Health 
 
    §  4301. Persons who may execute an anatomical gift. 1. Any individual
  of sound mind and eighteen years of age or more may give all or any part
  of his or her body for any  purpose  specified  in  section  forty-three
  hundred  two of this article, the gift to take effect upon death. In any
  case where the donor has properly executed an organ donor card, driver's
  license authorization to make an anatomical gift, pursuant to  paragraph
  (a)  of  subdivision one of section five hundred four of the vehicle and
  traffic law, registered in the New York state  organ  and  tissue  donor
  registry  under  section forty-three hundred ten of this article, or has
  otherwise given written authorization  for  organ  or  tissue  donation,
  authorization  for  donation shall not be rescinded by an objection by a
  member of any of the classes specified in paragraphs (a) through (h)  of
  subdivision  two  of  this section, except upon a showing that the donor
  revoked the authorization.
    2. Any of the following persons, in the order of priority stated, may,
  when persons in prior classes are not reasonably available, willing, and
  able to act, at the time of death, and in the absence of  actual  notice
  of  contrary indications by the decedent, or actual notice of opposition
  by a member of the same class or prior class specified in paragraph (a),
  (b), (c), (d), (e), (f), (g) or (h) of this subdivision,  or  reason  to
  believe  that an anatomical gift is contrary to the decedent's religious
  or moral beliefs, give all or any part of the decedent's  body  for  any
  purpose specified in section forty-three hundred two of this article:
    (a)  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,
    (b)  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,
    (c)  the  spouse,  if  not  legally separated from the patient, or the
  domestic partner,
    (d) a son or daughter eighteen years of age or older,
    (e) either parent,
    (f) a brother or sister eighteen years of age or older,
    (g) a guardian of the person of the decedent at the time of his death,
    (h) any other person authorized or under the obligation to dispose  of
  the body.
    3. For the purposes of this section, "reasonably available" means that
  a  person  to  be  contacted  can  be contacted without undue effort and
  willing and able to act in a  timely  manner  consistent  with  existing
  medical criteria necessary for the making of an anatomical gift.
    4. For the purposes of this section, "domestic partner" means a person
  who, with respect to another person:
    (a)  is  formally  a  party  in  a  domestic  partnership  or  similar
  relationship with the other person, entered into pursuant to the laws of
  the United States or  any  state,  local  or  foreign  jurisdiction,  or
  registered  as  the  domestic  partner  of  the person with any registry
  maintained by the employer of either party or any  state,  municipality,
  or foreign jurisdiction; or
    (b)  is  formally  recognized as a beneficiary or covered person under
  the other person's employment benefits or health insurance; or
    (c) is dependent or mutually interdependent on the  other  person  for
  support,  as evidenced by the totality of the circumstances indicating a
  mutual intent to be domestic partners  including  but  not  limited  to:
  common  ownership  or joint leasing of real or personal property; common
  householding, shared income or  shared  expenses;  children  in  common;
  signs of intent to marry or become domestic partners under paragraph (a)

  or  (b)  of this subdivision; or the length of the personal relationship
  of the persons.
    Each  party  to  a  domestic partnership shall be considered to be the
  domestic partner of  the  other  party.  "Domestic  partner"  shall  not
  include a person who is related to the other person by blood in a manner
  that would bar marriage to the other person in New York state. "Domestic
  partner"  shall  also  not  include any person who is less than eighteen
  years of age or who is the adopted child of the other person or  who  is
  related  by  blood in a manner that would bar marriage in New York state
  to a person who is the lawful spouse of the other person.
    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 the donor has not properly executed  an  organ  donor  card,
  driver's  license  authorization to make an anatomical gift, pursuant to
  paragraph (a) of subdivision one of section five  hundred  four  of  the
  vehicle  and  traffic  law,  registered  in the New York state organ and
  tissue donor registry under section  forty-three  hundred  ten  of  this
  article,  or  otherwise  given written authorization for organ or tissue
  donation, or has revoked any such authorization, and the gift is opposed
  by a person or persons in the highest priority available of the  classes
  specified  in  paragraph  (a),  (b),  (c),  (d), (e), (f), (g) or (h) of
  subdivision two of 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.
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Last modified: February 16, 2014