§327-8 Preclusive effect of an anatomical gift, amendment, or revocation. (a) Except as otherwise provided in subsection (g), in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor's body or body part if the donor made an anatomical gift of the donor's body or body part under section 327-5, or an amendment to an anatomical gift of the donor's body or the body part under section 327-6.
(b) A donor's revocation of an anatomical gift of the donor's body or a body part under section 327-6 is not a refusal and shall not bar another person specified in section 327-4 or 327-9 from making an anatomical gift of the donor's body or a body part under section 327-5 or 327-10.
(c) If a person other than the donor makes an unrevoked anatomical gift of the donor's body or a body part under section 327-5, or an amendment to an anatomical gift of the donor's body or a body part under section 327-6, another person may not make, amend, or revoke the gift of the donor's body or body part under section 327-10.
(d) A revocation of an anatomical gift of the donor's body or a body part under section 327-6 by a person other than the donor shall not bar another person from making an anatomical gift of the body or a body part under section 327-5 or 327-10.
(e) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under section 327-4, an anatomical gift of a body part is neither a refusal to give another body part nor a limitation on the making of an anatomical gift of another body part at a later time by the donor or another person.
(f) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under section 327-4, an anatomical gift of a body part for one or more of the purposes set forth in section 327-4 is not a limitation on the making of an anatomical gift of the body part for any of the other purposes by the donor or any other person under section 327-5 or 327-10.
(g) If a donor who is an unemancipated minor dies under eighteen years of age, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor's body or body part.
(h) If an unemancipated minor who signed a refusal dies under eighteen years of age, a parent of the individual who is reasonably available may revoke the individual's refusal. [L 2008, c 122, pt of §1]
Structure Hawaii Revised Statutes
327. Medical and Research Use of Bodies
327-1 to 9 REPEALED. § §327-1 to 14 REPEALED. §327-1 Short title.
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.
327-21 Effect of anatomical gift on advance health-care directive.
327-22 Cooperation between medical examiner or coroner and procurement organization.
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.
327-36 Final disposition of anatomical gifts.
327-39 Immunity from liability.