Revocation of anatomical gift
Sec. 2.5. (a) This section applies if:
(1) a donor makes an anatomical gift in writing under section
2(a) of this chapter or IC 9-24-17; and
(2) the gift is not revoked by:
(A) the donor before the donor's death; or
(B) a guardian under section 11 of this chapter.
(b) The individuals identified in section 2(b) of this chapter have
no legal standing or authority to:
(1) modify a deceased donor's gift of any part of the donor's
body made in writing under section 2 of this chapter or
IC 9-24-17; or
(2) prevent the donor's anatomical gift from being made.
(c) This section does not limit the individuals identified in section
2(b) of this chapter from:
(1) making a gift of all or any part of a decedent's body; or
(2) revoking a gift of all or any part of a decedent's body;
as provided in section 2(b) of this chapter.
(d) Actual notice obtained by:
(1) a recovery agency acting under section 3.5(a) of this
chapter; or
(2) a hospital acting under section 3.5(b) of this chapter;
of an individual's written anatomical gift that is made under section
2(a) of this chapter or IC 9-24-17 creates a rebuttable presumption
that the individual made an anatomical gift for purposes of this
section.
(e) Actual notice obtained by:
(1) a recovery agency acting under section 3.5(a) of this
chapter; or
(2) a hospital acting under section 3.5(b) of this chapter;
of an individual's written revocation of an anatomical gift that is
made under section 2(a) of this chapter or IC 9-24-17 creates a
rebuttable presumption that the individual revoked the anatomical
gift for purposes of this section.
(f) A health care provider is immune from civil liability for
following a donor's unrevoked anatomical gift directive under this
chapter or IC 9-24-17.
As added by P.L.130-2001, SEC.1.
Last modified: May 27, 2006