Sec. 4. (a) A donor may make an anatomical gift:
(1) by authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on:
(A) the donor's driver's license or identification card under IC 9-24-17; or
(B) the donor's resident hunting, fishing, or trapping license under IC 14-22-12-1;
(2) in a will;
(3) during a terminal illness or injury of the donor, by any form of communication directed to at least two (2) adults, at least one (1) of whom is a disinterested witness; or
(4) as provided in subsection (b).
(b) A donor or other person authorized to make an anatomical gift under section 3 of this chapter may make a gift by:
(1) a donor card or other record signed by the donor or other person making the gift; or
(2) authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry.
(c) If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and must:
(1) be witnessed by at least two (2) adults, at least one (1) of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
(2) state that it has been signed and witnessed as provided in subdivision (1).
(d) Revocation, suspension, expiration, or cancellation of:
(1) a driver's license;
(2) an identification card; or
(3) the donor's resident hunting, fishing, or trapping license;
that indicates an anatomical gift does not invalidate the gift.
(e) An anatomical gift made by will takes effect upon the donor's death whether or not the will is probated. Invalidation of the will after the donor's death does not invalidate the gift.
(f) Neither the state nor any organ recovery health care provider (as defined by IC 34-18-2-14) is civilly liable as a result of an individual making an unrevoked anatomical gift under this chapter.
As added by P.L.147-2007, SEC.12. Amended by P.L.11-2020, SEC.3.
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