65-3230. Persons that may receive anatomical gift; purpose of anatomical gift. (a) An anatomical gift may be made to the following persons named in the document of gift:
(1) A hospital, accredited medical school, dental school, college, or university, organ procurement organization or other appropriate person, for research or education;
(2) subject to subsection (b), an individual designated by the person making the anatomical gift if the individual is the recipient of the part;
(3) an eye bank or tissue bank.
(b) If an anatomical gift to an individual under subsection (a)(2) cannot be transplanted into the individual, the part passes in accordance with subsection (g) in the absence of an express, contrary indication by the person making the anatomical gift.
(c) If an anatomical gift of one or more specific parts or of all parts is made in a document of gift that does not name a person described in subsection (a) but identifies the purpose for which an anatomical gift may be used, the following rules apply:
(1) If the part is an eye and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate eye bank.
(2) If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank.
(3) If the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as custodian of the organ.
(4) If the part is an organ, an eye, or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate procurement organization.
(d) For the purpose of subsection (c), if there is more than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift must be used for transplantation or therapy, if suitable. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education.
(e) If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person described in subsection (a) and does not identify the purpose of the gift, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (g).
(f) If a document of gift specifies only a general intent to make an anatomical gift by words such as "donor," "organ donor," or "body donor," or by a symbol or statement of similar import, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (g).
(g) For purposes of subsections (b), (e) and (f) the following rules apply:
(1) If the part is an eye, the gift passes to the appropriate eye bank.
(2) If the part is tissue, the gift passes to the appropriate tissue bank.
(3) If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ.
(h) An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under subsection (a)(2), passes to the organ procurement organization as custodian of the organ.
(i) If an anatomical gift does not pass pursuant to subsections (a) through (h) or the decedent's body or part is not used for transplantation, therapy, research, or education, custody of the body or part passes to the person under obligation to dispose of the body or part.
(j) A person may not accept an anatomical gift if the person knows that the gift was not effectively made under K.S.A. 65-3224 or 65-3229, and amendments thereto, or if the person knows that the decedent made a refusal under K.S.A. 65-3226, and amendments thereto, that was not revoked. For purposes of the subsection, if a person knows that an anatomical gift was made on a document of gift, the person is deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift.
(k) Except as otherwise provided in subsection (a)(2), nothing in this act affects the allocation of organs for transplantation or therapy.
History: L. 2007, ch. 127, ยง 11; 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.