§327-9 Who may make an anatomical gift of decedent's body or body part. (a) Subject to subsections (b) and (c) and unless barred by subsection (d), an anatomical gift of a decedent's body or body part for purposes of transplantation, therapy, research, or education may be made, in the order of priority listed, by any member of the following classes of persons who is reasonably available:
(1) An agent of the decedent at the time of death who could have made an anatomical gift under section 327-4(2) immediately before the decedent's death;
(2) The spouse or reciprocal beneficiary of the decedent;
(3) Adult children of the decedent;
(4) Parents of the decedent;
(5) Adult siblings of the decedent;
(6) Adult grandchildren of the decedent;
(7) Grandparents of the decedent;
(8) An adult who exhibited special care and concern for the decedent;
(9) The persons who were acting as the guardian of the person of the decedent at the time of death; and
(10) Any other person having the authority to dispose of the decedent's body.
(b) If there is more than one member of a class listed in subsection (a)(l), (3), (4), (5), (6), (7), or (9) entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift can pass under section 327-11 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.
(c) No person may make an anatomical gift if, at the time of the decedent's death, a person in a prior class under subsection (a) is reasonably available to make or to object to the making of an anatomical gift.
(d) An anatomical gift may not be made if doing so is barred by section 327-7 or 327-8. [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327-1 to 9 REPEALED. § §327-1 to 14 REPEALED.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.