65-3227. Preclusive effect of anatomical gift, amendment, or revocation. (a) Except as otherwise provided in subsection (g) and subject to subsection (f), 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 part if the donor made an anatomical gift of the donor's body or part under K.S.A. 65-3224, and amendments thereto, or an amendment to an anatomical gift of the donor's body or part under K.S.A. 65-3225, and amendments thereto.
(b) A donor's revocation of an anatomical gift of the donor's body or part under K.S.A. 65-3225, and amendments thereto, is not a refusal and does not bar another person specified in K.S.A. 65-3223 or 65-3228, and amendments thereto, from making an anatomical gift of the donor's body or part under K.S.A. 65-3224 or 65-3229, and amendments thereto.
(c) If a person other than the donor makes an unrevoked anatomical gift of the donor's body or part under K.S.A. 65-3224, and amendments thereto, or an amendment to an anatomical gift of the donor's body or part under K.S.A. 65-3225, and amendments thereto, another person may not make, amend, or revoke the gift of the donor's body or part under K.S.A. 65-3229, and amendments thereto.
(d) A revocation of an anatomical gift of a donor's body or part under K.S.A. 65-3225, and amendments thereto, by a person other than the donor does not bar another person from making an anatomical gift of the body or part under K.S.A. 65-3224 or 65-3229, and amendments thereto.
(e) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under K.S.A. 65-3223, and amendments thereto, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another 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 K.S.A. 65-3223, and amendments thereto, an anatomical gift of a part for one or more of the purposes set forth in K.S.A. 65-3223, and amendments thereto, is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under K.S.A. 65-3224 or 65-3229, and amendments thereto.
(g) If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor's body or part.
(h) If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor's refusal.
History: L. 2007, ch. 127, ยง 8; 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.