Hawaii Revised Statutes 327. Medical and Research Use of Bodies

PART I. OLD UNIFORM ANATOMICAL GIFT ACT

• 327-1 to 9 Repealed.
  L 1988, c 267, §2. PART I. [OLD] UNIFORM ANATOMICAL GIFT ACT §§327-1 to 14 REPEALED. L 2008, c 122, §4. Note L 2008,...
• 327-2 Definitions.
  As used in this part, unless the context otherwise requires: "Agent" means an individual: (1) Authorized to make health care decisions on the principal's...
• 327-3 Applicability.
  This part applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made. [L 2008, c...
• 327-4 Who May Make an Anatomical Gift Before Donor's Death.
  Subject to section 327-8, an anatomical gift of a donor's body or body part may be made during the life of the donor for...
• 327-5 Manner of Making an Anatomical Gift Before Donor's Death.
  (a) A donor may make an anatomical gift: (1) By authorizing a statement or symbol indicating that the donor has made an anatomical gift...
• 327-6 Amending or Revoking an Anatomical Gift Before Donor's Death.
  (a) Subject to section 327-8, a donor or other person authorized to make an anatomical gift under section 327-4 may amend or revoke an...
• 327-7 Refusal to Make an Anatomical Gift and Effect of Refusal.
  (a) An individual may refuse to make an anatomical gift of the individual's body or body part by: (1) A record signed by: (A)...
• 327-8 Preclusive Effect of an Anatomical Gift, Amendment, or Revocation.
  (a) Except as otherwise provided in subsection (g), in the absence of an express, contrary indication by the donor, a person other than the...
• 327-9 Who May Make an Anatomical Gift of Decedent's Body or Body Part.
  (a) Subject to subsections (b) and (c) and unless barred by subsection (d), an anatomical gift of a decedent's body or body part for...
• 327-10 Manner of Making, Amending, or Revoking an Anatomical Gift of Decedent's Body or Body Part.
  (a) A person authorized to make an anatomical gift under section 327-9 may make an anatomical gift by a document of gift signed by...
• 327-11 Persons that May Receive Anatomical Gift; Purpose of Anatomical Gift.
  (a) An anatomical gift of a body or body part may be made to the following persons: (1) A named hospital, accredited medical school,...
• 327-12 Search and Notification.
  (a) The following persons shall make a reasonable search of an individual who the searcher reasonably believes is dead or near death for a...
• 327-13 Delivery of Document of Gift Not Required; Right to Examine.
  (a) A document of gift need not be delivered during the donor's lifetime to be effective. (b) Upon or after an individual's death, a...
• 327-14 Rights and Duties of Procurement Organization and Others.
  (a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of any...
• 327-15 Coordination of Procurement and Use.
  Each hospital in this State, after consultation with procurement organizations, shall establish agreements or affiliations for coordination of procurement and use of human bodies...
• 327-16 Sale or Purchase of Body Parts Prohibited.
  (a) Except as otherwise provided in subsection (b), a person that knowingly, for valuable consideration, purchases or sells a body part for transplantation or...
• 327-17 Penalty.
  Any person that, to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of...
• 327-18 Immunity.
  (a) A person that acts in accordance with this part or with the applicable anatomical gift law of another state or attempts in good...
• 327-19 Law Governing Validity; Choice of Law As to Execution of Document of Gift; Presumption of Validity.
  (a) A document of gift shall be valid if executed in accordance with: (1) This part; (2) The laws of the state or country...
• 327-20 Donor Registry.
  (a) The examiner of drivers shall adopt rules pursuant to chapter 91 to allow an organ procurement organization twenty-four-hour telephone access to the driver's...
• 327-21 Effect of Anatomical Gift on Advance Health-Care Directive.
  (a) If a prospective donor has a declaration or advance health-care directive, and the terms of the declaration or directive and the express or implied...
• 327-22 Cooperation Between Medical Examiner or Coroner and Procurement Organization.
  (a) A medical examiner or coroner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for transplantation, therapy, research, or...
• 327-23 Facilitation of an Anatomical Gift From a Decedent Whose Body is Under the Jurisdiction of the Medical Examiner or Coroner.
  (a) Upon request of a procurement organization, a medical examiner or coroner shall release to the procurement organization the name, contact information, and available...
• 327-24 Hawaii Organ and Tissue Education Special Fund.
  There is established in the state treasury the Hawaii organ and tissue education special fund. Moneys collected under section 286-109.7 shall be deposited into the...
• 327-25 Uniformity of Application and Construction.
  In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its...
• 327-26 Relation to Electronic Signatures in Global and National Commerce Act.
  This part modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 United States Code section 7001 et. seq., but...

PART II. OLD DONATION OF EYES AFTER DEATH

• 327-21 to 24 Repealed.
  L 1969, c 81, §2. PART II. DISPOSITION OF DEAD HUMAN BODIES Note Part heading amended by L 2012, c 75, §2. Revision Note...
• 327-32 Administration; Duties of Health Officers.
  Every head officer of a hospital, nursing home, correctional facility, funeral parlor, or mortuary and every county medical examiner or coroner and every state...
• 327-33 to 327-35 Repealed.
  L 2012, c 75, §§7 to 9.
• 327-36 Final Disposition of Bodies Retained for Medical Education and Research Purposes.
  A university, hospital, or institution that holds a dead human body shall, when the body is deemed of no further value for medical education...
• 327-37 Repealed.
  L 2012, c 75, §10.
• 327-38 Prohibitions; Penalty.
  (a) No person shall give, offer, or promise any money or other things of value to any other person in consideration of receiving a...
• 327-39 Immunity From Liability.
  A person or public or private agency shall not be liable for any damage or subject to criminal prosecution for any act done pursuant...

PART III. GENERAL PROVISIONS

• 327-51 Exemption From Strict Liability.
  This part was renumbered from part IV. [§327-51] Exemption from strict liability. No physician, surgeon, hospital, blood bank, tissue bank, or other person or...
• 327-52 Requests for Anatomical Gifts.
  This part was renumbered from part IV. [§327-52] Requests for anatomical gifts. Any person in charge of a hospital, or the designated representative of...

Last modified: October 27, 2016