Rights and duties of donee
Sec. 7. (a) The donee may accept or reject the gift. If the donee
accepts a gift of the entire body, he may, subject to the terms of the
gift, authorize embalming and the use of the body in funeral services.
If the gift is of a part of the body, the donee, upon the death of the
donor and prior to embalming, shall cause the part to be removed
without unnecessary mutilation. After removal of the part, custody
of the remainder of the body vests in the surviving spouse, next of
kin, or other persons under obligation to dispose of the body.
(b) The time of death shall be determined by a physician who
tends the donor at his death, or, if none, the physician who certified
the death. The physician shall not participate in the procedures for
removing or transplanting a part.
(c) A person who acts in good faith in accord with the terms of
this chapter or with the anatomical gift laws of another state (or a
foreign country) is not liable for damages in any civil action or
subject to prosecution in any criminal proceeding for his act.
(d) The provisions of this chapter are subject to the laws of this
state prescribing powers and duties with respect to autopsies.
(Formerly: Acts 1969, c.166, s.7.) As amended by Acts 1982,
P.L.171, SEC.80.
Last modified: May 27, 2006