Missouri Revised Statutes
Chapter 194 - Death — Disposition of Dead Bodies
Section 194.210 - Definitions.

Effective - 28 Aug 2022, 2 histories
194.210. Definitions. — 1. Sections 194.210 to 194.294 may be cited as the "Revised Uniform Anatomical Gift Act".
2. As used in sections 194.210 to 194.294, the following terms mean:
(1) "Adult", an individual who is at least eighteen years of age;
(2) "Agent", an individual:
(a) Authorized to make health-care decisions on the principal's behalf by a power of attorney for health care; or
(b) Expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal;
(3) "Anatomical gift", a donation of all or part of a human body to take effect after the donor's death for the purposes of transplantation, therapy, research, or education;
(4) "Decedent", a deceased individual whose body or part is or may be the source of an anatomical gift. The term includes a stillborn infant but does not include an unborn child as defined in section 1.205 or 188.015 if the child has not died of natural causes;
(5) "Disinterested witness", a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift. The term does not include a person to which an anatomical gift could pass under section 194.255;
(6) "Document of gift", a donor card or other record used to make an anatomical gift. The term includes a statement or symbol on a driver's license, identification card, or donor registry;
(7) "Donor", an individual whose body or part is the subject of an anatomical gift provided that donor does not include an unborn child as defined in section 1.205 or section 188.015 if the child has not died of natural causes;
(8) "Donor registry", a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts;
(9) "Driver's license", a license or permit issued by the department of revenue to operate a vehicle whether or not conditions are attached to the license or permit;
(10) "Eye bank", a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes;
(11) "Guardian", a person appointed by a court pursuant to chapter 475. The term does not include a guardian ad litem;
(12) "Hospital", a facility licensed as a hospital under the laws of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state;
(13) "Identification card", an identification card issued by the department of revenue;
(14) "Know", to have actual knowledge;
(15) "Minor", an individual who is under eighteen years of age;
(16) "Organ procurement organization", an entity designated by the United States Secretary of Health and Human Services as an organ procurement organization;
(17) "Parent", a parent whose parental rights have not been terminated;
(18) "Part", an organ, an eye, or tissue of a human being. The term does not include the whole body;
(19) "Person", an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity;
(20) "Physician", an individual authorized to practice medicine or osteopathy under the laws of any state;
(21) "Potential donor", an individual whose body or part is the subject of an anatomical gift, provided that donor does not include an unborn child, as defined in section 188.015, if the child has not died of natural causes;
(22) "Procurement organization", an eye bank, organ procurement organization, tissue bank, or an entity lawfully established and operated for the procurement and distribution of anatomical gifts to be used as donated organs, donated tissues, or for appropriate scientific or medical research;
(23) "Prospective donor", an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. The term does not include an individual who has made a refusal;
(24) "Reasonably available", able to be contacted by a procurement organization with reasonable effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift;
(25) "Recipient", an individual into whose body a decedent's part has been or is intended to be transplanted;
(26) "Record", information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;
(27) "Refusal", a record created under section 194.235 that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or part;
(28) "Sign", with the present intent to authenticate or adopt a record:
(a) To execute or adopt a tangible symbol; or
(b) To attach or logically associate with the record an electronic symbol, sound, or process;
(29) "State", a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the United States;
(30) "Technician", an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law. The term includes an eye enucleator;
(31) "Tissue", a portion of the human body other than an organ or an eye. The term does not include blood unless the blood is donated for purposes of research or education;
(32) "Tissue bank", a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue;
(33) "Transplant hospital", a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients.
­­--------
(L. 1969 S.B. 43 § 1, A.L. 2008 S.B. 1139, A.L. 2022 H.B. 2331 merged with S.B. 710)

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XII - Public Health and Welfare

Chapter 194 - Death — Disposition of Dead Bodies

Section 194.005 - Death, legal definition.

Section 194.010 - Encasement of bodies to be shipped.

Section 194.020 - Hermetically sealed coffin, specifications.

Section 194.060 - Transportation of dead body by common carrier, requirements.

Section 194.070 - Preparation of certain bodies for shipment supervised by health officer.

Section 194.080 - Preparation of certain dead bodies for shipment.

Section 194.090 - Preparation necessary for bodies of persons who died of certain communicable diseases.

Section 194.100 - Transportation of bodies where cause of death is noncontagious.

Section 194.105 - Disinterment for transport to location outside original cemetery — notice, to whom, contents.

Section 194.110 - Penalty for violation.

Section 194.115 - Autopsy — consent required — penalty for violation — availability of report, to whom.

Section 194.117 - Sudden infant death — notification — autopsy by certified child death pathologist required, procedure, release to parents or guardian — cost, how paid — department of health and senior services duties — rules and regulations.

Section 194.119 - Right of sepulcher, the right to choose and control final disposition of a dead human body.

Section 194.120 - Missouri state anatomical board — members — responsibilities.

Section 194.130 - Meetings of board — organization — funds.

Section 194.140 - Acceptance of provisions of this law — bond — prohibited actions and penalties.

Section 194.150 - Disposal of paupers' bodies.

Section 194.160 - Distribution of bodies.

Section 194.170 - Autopsy not to be held, when.

Section 194.180 - Penalty for violation.

Section 194.197 - Depth at which body is buried may be regulated.

Section 194.200 - Disposition of a stillborn child, definitions, duties of hospital, duties of parents, collection of costs, penalties.

Section 194.210 - Definitions.

Section 194.215 - Applicability of law.

Section 194.220 - Registry to be established — gift may be made by whom.

Section 194.225 - Procedure for making a gift — donor cards, requirements — gift made by will, effect of — registry authorized — website link.

Section 194.230 - Amendment or revocation, procedure.

Section 194.235 - Refusal to make a gift, evidenced how, requirements.

Section 194.240 - Person other than donor barred from making, amending, or revoking donor's gift — revocation not a bar to making a gift — parent may revoke or amend a gift of a child.

Section 194.245 - Gift for transplantation, therapy, research, or education, priority list for persons making.

Section 194.250 - Document of gift, procedure.

Section 194.255 - Persons eligible to receive gift in the document of gift — gifts not naming persons, effect of — refusal of gift required when.

Section 194.260 - Reasonable search to identify donors — immunity from liability, when.

Section 194.263 - Delivery of document of gift not required — examination and copying of document permitted, when.

Section 194.265 - Referral to procurement organization, diligent search of donor registry required — reasonable examination of body parts permitted, when — search for minor's parents required, when — attending physician shall not procure, when.

Section 194.270 - Hospitals to enter into agreements with procurement organizations.

Section 194.275 - Purchase or sale of body parts for valuable consideration prohibited — penalty — definition.

Section 194.280 - Falsification of documents, penalty.

Section 194.285 - Immunity from liability, when.

Section 194.290 - Declarations and advance health care directives — definitions — gift in conflict with, donor or physician to resolve.

Section 194.292 - Requirements for valid execution of a document of gift — presumption of validity, when — requirements for out-of-state execution of documents.

Section 194.293 - Uniformity of law a consideration in construing statutory provisions.

Section 194.294 - Effect of law on certain federal acts.

Section 194.295 - Embalmers authorized to enucleate eyes, when.

Section 194.297 - Organ donor program fund established — funding, administration, investment of moneys — transfer to general revenue prohibited.

Section 194.299 - Money in organ donor program fund, how expended.

Section 194.300 - Organ donation advisory committee established in department of health and senior services, appointment, qualifications, expenses, terms.

Section 194.302 - Advisory committee's powers and duties — annual report, due when.

Section 194.304 - Transfer of donor registry information, department of revenue to cooperate — registry requirements.

Section 194.307 - Effective date for sections 194.240, 194.297 through 194.304 and section 302.171.

Section 194.320 - Physical or mental disability, or congenital condition of recipient of anatomical gift — limitations on hospitals, physicians, and procurement organizations to determine ultimate recipient.

Section 194.321 - Recipients and donors, COVID-19 vaccination status not to be considered, when, exception.

Section 194.350 - Disposition of cremated remains — if no directions are given, procedure, notice.

Section 194.360 - Veterans, cremated remains — definitions — funeral establishment or coroner, authorized release of identifying information, to whom — release of remains, when — immunity from liability.

Section 194.375 - Citation of law — definitions.

Section 194.378 - Final disposition of fetal remains, mother has right to determine.

Section 194.381 - Means of disposition.

Section 194.384 - Written standards required for protection of mother's right to determine final disposition.

Section 194.387 - Miscarriage — mother's right to determine final disposition of remains — counseling made available, when.

Section 194.390 - Right to legal abortion not affected.

Section 194.400 - Definitions.

Section 194.405 - Scope of law.

Section 194.406 - Unmarked human burials, knowledge or discovery — notice to local law enforcement officer or state historic preservation officer — jurisdiction, how determined.

Section 194.407 - State historic preservation officer, jurisdiction of unmarked human burials, duties — general archaeological investigation, when — professional archaeologist, advise state historic preservation officer, when.

Section 194.408 - State historic preservation officer, reinterment, duties — consultation with advisory council on historic preservation, when — conformity with federal law.

Section 194.410 - Human burial sites — knowingly disturb, penalty — appropriation for sale, penalty.

Section 194.425 - Abandonment of a corpse without notifying authorities, penalty.

Section 194.500 - Definitions.

Section 194.503 - Right-of-way — use of lead vehicles — emergency vehicles with right-of-way, when.

Section 194.506 - Following distance — flashing emergency lights used, when — toll-free passage, when.

Section 194.509 - Regulations for nonparticipating vehicle operators — violations, penalty.

Section 194.512 - Use of amber lights for motorcycles — ordinances permitted.