65-3228. Who may make anatomical gift of decedent's body or part. (a) Subject to subsections (b) and (c) and unless barred by K.S.A. 65-3226 or 65-3227, and amendments thereto, an anatomical gift of a decedent's body or part for purpose of transplantation, therapy, research or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed:
(1) An agent of the decedent at the time of death who could have made an anatomical gift under K.S.A. 65-3223(2), and amendments thereto, immediately before the decedent's death;
(2) the spouse 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) the persons who were acting as the guardians of the person of the decedent at the time of death;
(9) an adult who exhibited special care and concern for the decedent and who was familiar with the decedent's personal values; 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)(1), (3), (4), (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 may pass under K.S.A. 65-3230, and amendments thereto, 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. If both parents are living and available to decide, an anatomical gift may be made only if both parents agree.
(c) A person may not 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.
History: L. 2007, ch. 127, § 9; L. 2018, ch. 31, § 6; 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.