Sec. 17. (a) A person who acts in accordance with this chapter is not liable for the act in a civil action or administrative proceeding.
(b) Neither the person making an anatomical gift nor the donor's estate is liable for any injury or damage that results from the making or use of the gift.
(c) In determining whether an anatomical gift has been made, amended, or revoked under this chapter, a person may rely upon representations of an individual listed in section 8(a)(2), 8(a)(3), 8(a)(4), 8(a)(5), 8(a)(7), 8(a)(8), or 8(a)(9) of this chapter relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is untrue.
(d) A health care provider is immune from civil liability for following a donor's unrevoked anatomical gift directive under this chapter or IC 9-24-17.
(e) A hospital or a recovery agency is immune from civil liability for determining in good faith and in compliance with this section that:
(1) an individual made a written anatomical gift; or
(2) an individual subsequently made a written revocation of an anatomical gift.
(f) A person who, in good faith reliance upon a will, card, or other document of gift, and without actual notice of the amendment, revocation, or invalidity of the will, card, or document:
(1) takes possession of a decedent's body or performs or causes to be performed surgical operations upon a decedent's body; or
(2) removes or causes to be removed organs, tissues, or other parts from a decedent's body;
is not liable in damages in any civil action brought against the donor for that act.
As added by P.L.147-2007, SEC.12. Amended by P.L.26-2021, SEC.6.
Structure Indiana Code
Article 2. Miscellaneous Provisions
Chapter 16.1. Revised Uniform Anatomical Gift Act
29-2-16.1-2. Chapter Application
29-2-16.1-3. Persons Who May Make Anatomical Gifts During the Lifetime of a Donor
29-2-16.1-4. Methods of Making Anatomical Gifts
29-2-16.1-5. Amendment or Revocation of Anatomical Gifts
29-2-16.1-6. Refusal of Anatomical Gifts
29-2-16.1-8. Priority of Persons Authorized to Make an Anatomical Gift of a Decedent's Body or Part
29-2-16.1-9. Anatomical Gift Documents; Amendments; Revocations
29-2-16.1-11. Searches for Documents of Gift or Refusal
29-2-16.1-12. Petitions to Determine Anatomical Gift or Revocation of Anatomical Gift
29-2-16.1-13. Organ or Tissue Donor Queries for Hospital Patients
29-2-16.1-14. Documents of Gift
29-2-16.1-16. Hospital Agreements With Procurement Organizations
29-2-16.1-17. Liability; Immunity
29-2-16.1-18. Validity of a Document of Gift
29-2-16.1-20. Declarations and Advance Health Care Directives; Procurement Organizations