65-3226. Refusal to make anatomical gift; effect of refusal. (a) An individual may refuse to make an anatomical gift of the individual's body or part by:
(1) A record signed by:
(A) The individual; or
(B) subject to subsection (b), another acting at the direction of the individual if the individual is physically unable to sign;
(2) the individual's will, whether or not the will is admitted to probate or invalidated after the individual's death; or
(3) any form of communication made by the individual during the individual's terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.
(b) A record signed pursuant to subsection (a)(1)(B) must:
(1) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the individual; and
(2) state that it has been signed and witnessed as provided in paragraph (1).
(c) An individual who has made a refusal may amend or revoke the refusal:
(1) In the manner provided in subsection (a) for making a refusal;
(2) by subsequently making an anatomical gift pursuant to K.S.A. 65-3224, and amendments thereto, that is inconsistent with the refusal; or
(3) by destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.
(d) Except as otherwise provided in K.S.A. 65-3227(h), and amendments thereto, in the absence of an express, contrary indication by the individual set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of the individual's body or part bars all other persons from making an anatomical gift of the individual's body or part.
History: L. 2007, ch. 127, ยง 7; July 1.
Structure Kansas Statutes
Article 32 - Anatomical Gifts And Organ Transplantation
65-3223 Who may make anatomical gift before donor's death.
65-3224 Manner of making anatomical gift before donor's death.
65-3226 Refusal to make anatomical gift; effect of refusal.
65-3227 Preclusive effect of anatomical gift, amendment, or revocation.
65-3228 Who may make anatomical gift of decedent's body or part.
65-3229 Manner of making, amending, or revoking anatomical gift of decedent's body or part.
65-3230 Persons that may receive anatomical gift; purpose of anatomical gift.
65-3231 Search and notification.
65-3232 Delivery of document of gift not required; right to examine.
65-3233 Rights and duties of procurement organization and others.
65-3234 Coordination of procurement and use.
65-3235 Sale or purchase of parts prohibited.
65-3236 Other prohibited acts.
65-3240 Effect of anatomical gift on advance health-care directive.
65-3241 Cooperation between coroner and procurement organization.
65-3242 Facilitation of anatomical gift from decedent whose body is under jurisdiction of coroner.
65-3243 Uniformity of application and construction.
65-3244 Relation to electronic signatures in global and national commerce act.