Hawaii Revised Statutes
327. Medical and Research Use of Bodies
327-10 Manner of making, amending, or revoking an anatomical gift of decedent's body or body part.

§327-10 Manner of making, amending, or revoking an anatomical gift of decedent's body or body part. (a) A person authorized to make an anatomical gift under section 327-9 may make an anatomical gift by a document of gift signed by the person making the gift or that person's oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.
(b) Subject to subsection (c), an anatomical gift by a person authorized under section 327-9 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available; provided that any response other than an express, contrary indication regarding the decedent's anatomical gift shall prohibit amendment or revocation of an anatomical gift of the decedent's body or body parts. If more than one member of the prior class is reasonably available, the gift made by a person authorized under section 327-9 may be amended or revoked only if a majority of the reasonably available members of that class agree to the amending or revoking of the gift; provided that any response other than an express, contrary indication by the majority of the reasonably available members of that class regarding the decedent's anatomical gift shall prohibit amendment or revocation of an anatomical gift of the decedent's body or body parts.
(c) A revocation under subsection (b) is effective only if the procurement organization or transplant hospital or the physician or technician knows of the revocation before an incision has been made to remove a body part from the donor, or before invasive procedures have begun to prepare the recipient. [L 2008, c 122, pt of §1; am L 2010, c 156, §2]

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 19. Health

327. Medical and Research Use of Bodies

327-1 to 9 REPEALED. § §327-1 to 14 REPEALED. §327-1 Short title.

327-2 Definitions.

327-3 Applicability.

327-4 Who may make an anatomical gift before donor's death.

327-5 Manner of making an anatomical gift before donor's death.

327-6 Amending or revoking an anatomical gift before donor's death.

327-7 Refusal to make an anatomical gift and effect of refusal.

327-8 Preclusive effect of an anatomical gift, amendment, or revocation.

327-9 Who may make an anatomical gift of decedent's body or body part.

327-10 Manner of making, amending, or revoking an anatomical gift of decedent's body or body part.

327-11 Persons that may receive anatomical gift; purpose of anatomical gift.

327-12 Search and notification.

327-13 Delivery of document of gift not required; right to examine.

327-14 Rights and duties of procurement organization and others.

327-15 Coordination of procurement and use.

327-16 Sale or purchase of body parts prohibited.

327-17 Penalty.

327-18 Immunity.

327-19 Law governing validity; choice of law as to execution of document of gift; presumption of validity.

327-20 Donor registry.

327-21 Effect of anatomical gift on advance health-care directive.

327-22 Cooperation between medical examiner or coroner and procurement organization.

327-23 Facilitation of an anatomical gift from a decedent whose body is under the jurisdiction of the medical examiner or coroner.

327-24 Hawaii organ and tissue education special fund.

327-25 Uniformity of application and construction.

327-26 Relation to Electronic Signatures in Global and National Commerce Act.

327-21 to 24 REPEALED. §327-31 REPEALED.

327-32 Administration; duties of health officers.

327-33 to 327-35 REPEALED.

327-36 Final disposition of anatomical gifts.

327-37 REPEALED.

327-38 Prohibitions; penalty.

327-39 Immunity from liability.

327-51 Exemption from strict liability.

327-52 Requests for anatomical gifts.