(1) A donor may amend the terms of or revoke an anatomical gift by:
(a) The execution and delivery to the donee of a signed statement witnessed by at least two adults, at least one of whom is a disinterested witness.
(b) An oral statement that is made in the presence of two persons, one of whom is not a family member, and communicated to the donor’s family or attorney or to the donee. An oral statement is effective only if the procurement organization, transplant hospital, or physician or technician has actual notice of the oral amendment or revocation before an incision is made to the decedent’s body or an invasive procedure to prepare the recipient has begun.
(c) A statement made during a terminal illness or injury addressed to the primary physician, who must communicate the revocation of the gift to the procurement organization.
(d) A signed document found on or about the donor’s person.
(e) Removing his or her name from the donor registry.
(f) A later-executed document of gift which amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.
(g) By the destruction or cancellation of the document of gift or the destruction or cancellation of that portion of the document of gift used to make the gift with the intent to revoke the gift.
(2) Any anatomical gift made by a will may also be amended or revoked in the manner provided for the amendment or revocation of wills or as provided in paragraph (1)(a).
History.—s. 1, ch. 74-106; s. 113, ch. 75-220; s. 3, ch. 83-171; s. 8, ch. 95-423; s. 977, ch. 97-102; s. 10, ch. 98-68; s. 66, ch. 2001-226; s. 3, ch. 2003-46; s. 6, ch. 2008-223; s. 8, ch. 2009-218; s. 19, ch. 2015-153.
Note.—Created from former s. 736.27; s. 732.916.
Structure Florida Statutes
Chapter 765 - Health Care Advance Directives
Part V - Anatomical Gifts (Ss. 765.510-765.547)
765.510 - Legislative declaration.
765.512 - Persons who may make an anatomical gift.
765.513 - Donees; purposes for which anatomical gifts may be made.
765.514 - Manner of making anatomical gifts.
765.515 - Delivery of donor document.
765.5155 - Donor registry; education program.
765.51551 - Donor registry; public records exemption.
765.516 - Donor amendment or revocation of anatomical gift.
765.517 - Rights and duties at death.
765.5185 - Corneal removal by medical examiners.
765.519 - Enucleation of eyes by licensed funeral directors.
765.521 - Donations as part of driver license or identification card process.
765.523 - Discrimination in access to anatomical gifts and organ transplants prohibited.
765.541 - Certification of procurement organizations; agency responsibilities.
765.542 - Requirements to engage in organ, tissue, or eye procurement.
765.543 - Organ and Tissue Procurement and Transplantation Advisory Board; creation; duties.
765.544 - Fees; organ and tissue donor education and procurement.
765.545 - Physician supervision of cadaveric organ and tissue procurement coordinators.
765.546 - Procurement of cadaveric organs for transplant by out-of-state physicians.
765.547 - Cooperation between medical examiner and procurement organization.