Oregon Statutes - Chapter 97 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gifts - Section 97.961 - Refusal to make anatomical gift; effect of refusal.

(1) An individual may refuse to make an anatomical gift of the individualís body or body part by:

(a) A record signed by:

(A) The individual; or

(B) Subject to subsection (2) of this section, another individual acting at the direction of the individual if the individual is physically unable to sign;

(b) The individualís will, whether or not the will is admitted to probate or invalidated after the individualís death; or

(c) Any form of communication made by the individual during the individualís terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.

(2) A record signed under subsection (1)(a)(B) of this section must:

(a) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the individual; and

(b) State that it has been signed and witnessed as provided in this subsection.

(3) An individual who has made a refusal may amend or revoke the refusal:

(a) In the manner provided in subsection (1) of this section for making a refusal;

(b) By subsequently making an anatomical gift pursuant to ORS 97.957 that is inconsistent with the refusal; or

(c) By destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, provided that the destruction or cancellation is done with the intent to revoke the refusal.

(4) Except as otherwise provided in ORS 97.963 (8), in the absence of an express, contrary indication by the individual set forth in the refusal, an individualís unrevoked refusal to make an anatomical gift of the individualís body or body part prohibits all other persons from making an anatomical gift of the individualís body or body part. [2007 c.681 §6]

Note: See note under 97.951.

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Last modified: August 7, 2008