A. A person authorized to make an anatomical gift pursuant to Section 9 [24-6B-9 NMSA 1978] of the Jonathan Spradling Revised Uniform Anatomical Gift Act may make an anatomical gift by a document of gift signed by the person making the gift or by that person's oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.
B. Subject to the provisions of Subsection C of this section, an anatomical gift by a person authorized pursuant to Section 9 of the Jonathan Spradling Revised Uniform Anatomical Gift Act may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized pursuant to Section 9 of that act may be:
(1) amended only if a majority of the reasonably available members agree to the amending of the gift; or
(2) revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.
C. A revocation pursuant to Subsection B of this section is effective only if, before an incision has been made to remove a part from the donor's body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital or physician or technician knows of the revocation.
History: Laws 2007, ch. 323, § 10.
Effective dates. — Laws 2007, ch. 323, § 36 made the Jonathan Spradling Revised Uniform Anatomical Gift Act effective July 1, 2007.
Structure New Mexico Statutes
Chapter 24 - Health and Safety
Article 6B - Jonathan Spradling Revised Uniform Anatomical Gift Act
Section 24-6B-1 - Short title.
Section 24-6B-2 - Definitions.
Section 24-6B-3 - Applicability.
Section 24-6B-4 - Who may make anatomical gift before donor's death.
Section 24-6B-5 - Manner of making anatomical gift before donor's death.
Section 24-6B-6 - Amending or revoking anatomical gift before donor's death.
Section 24-6B-7 - Refusal to make anatomical gift; effect of refusal.
Section 24-6B-7.1 - Document of gift as a legal document.
Section 24-6B-8 - Preclusive effect of anatomical gift, amendment or revocation.
Section 24-6B-9 - Who may make anatomical gift of decedent's body or part.
Section 24-6B-9.1 - Identification of potential donors.
Section 24-6B-9.2 - Death record reviews.
Section 24-6B-11 - Persons that may receive anatomical gift; purpose of anatomical gift.
Section 24-6B-12 - Search and notification.
Section 24-6B-13 - Delivery of document of gift not required; right to examine.
Section 24-6B-14 - Rights and duties of procurement organization and others.
Section 24-6B-15 - Coordination of procurement and use.
Section 24-6B-16 - Sale or purchase of parts prohibited.
Section 24-6B-17 - Other prohibited acts.
Section 24-6B-20 - Donor registry.
Section 24-6B-21 - Effect of anatomical gift on advance health-care directive.
Section 24-6B-24 - Uniformity of application and construction.
Section 24-6B-25 - Relation to Electronic Signatures in Global and National Commerce Act.