(a) An individual may refuse to make an anatomical gift of the individual’s body or part by:
(1) A record signed by:
(A) The individual; or
(B) Subject to subsection (b) of this section, another individual acting at the direction of the individual if the individual is physically unable to sign;
(2) The individual’s will, whether or not the will is admitted to probate or invalidated after the individual’s death; or
(3) Any form of communication made by the individual during the individual’s terminal illness or injury addressed to at least 2 adults, at least one of whom is a disinterested witness.
(b) A record signed pursuant to subsection (a)(1)(B) of this section shall:
(1) Be witnessed by at least 2 adults, at least one of whom is a disinterested witness, who have signed at the request of the individual; and
(2) State that it has been signed and witnessed as provided in paragraph (1) of this subsection.
(c) An individual who has made a refusal may amend or revoke the refusal:
(1) In the manner provided in subsection (a) of this section for making a refusal;
(2) By subsequently making an anatomical gift pursuant to § 7-1531.04 that is inconsistent with the refusal; or
(3) By destroying or cancelling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.
(d) Except as otherwise provided in § 7-1531.07(h), in the absence of an express, contrary indication by the individual set forth in the refusal, an individual’s unrevoked refusal to make an anatomical gift of the individual’s body or part bars all other persons from making an anatomical gift of the individual’s body or part.
(Apr. 15, 2008, D.C. Law 17-145, § 7, 55 DCR 2532.)
This section is referenced in § 7-1531.01, § 7-1531.08, and § 7-1531.10.
Uniform Law: This section is based upon § 7 of the Revised Uniform Anatomical Gift Act (2006).
Structure District of Columbia Code
Title 7 - Human Health Care and Safety
Subchapter II-A - Revised Uniform Anatomical Gift Act
§ 7–1531.03. Who may make anatomical gift before donor’s death
§ 7–1531.04. Manner of making anatomical gift before donor’s death
§ 7–1531.05. Amending or revoking anatomical gift before donor’s death
§ 7–1531.06. Refusal to make anatomical gift; effect of refusal
§ 7–1531.07. Preclusive effect of anatomical gift, amendment, or revocation
§ 7–1531.08. Who may make anatomical gift of decedent’s body or part
§ 7–1531.09. Manner of making, amending, or revoking anatomical gift of decedent’s body or part
§ 7–1531.10. Persons that may receive anatomical gift; purpose of anatomical gift
§ 7–1531.11. Search and notification
§ 7–1531.12. Delivery of document of gift not required; right to examine
§ 7–1531.13. Rights and duties of procurement organization and others
§ 7–1531.14. Coordination of procurement and use
§ 7–1531.15. Sale or purchase of parts prohibited
§ 7–1531.16. Other prohibited acts
§ 7–1531.19. Establishment of the donor registry
§ 7–1531.19a. Access to Registry information
§ 7–1531.19b. Sources of Registry information; confidentiality
§ 7–1531.19c. Department of Motor Vehicles transfer of Registry information requirements
§ 7–1531.19d. Effect of amendment or revocation of anatomical gift upon Registry
§ 7–1531.19e. Donor status not dependent on being listed in Registry
§ 7–1531.19f. Rulemaking for Registry
§ 7–1531.20. Effect of anatomical gift on advance health-care directive
§ 7–1531.21. Cooperation between the Chief Medical Examiner and procurement organizations
§ 7–1531.23. Uniformity of application and construction
§ 7–1531.24. Duties of hospitals and hospices
§ 7–1531.25. Organ preservation
§ 7–1531.26. Certificate requirement
§ 7–1531.28. Relation to Electronic Signatures in Global and National Commerce Act