A. Subject to the provisions of Section 8 [24-6B-8 NMSA 1978] of the Jonathan Spradling Revised Uniform Anatomical Gift Act, a donor or other person authorized to make an anatomical gift pursuant to Section 4 [24-6B-4 NMSA 1978] of that act may amend or revoke an anatomical gift by:
(1) a record signed by:
(a) the donor;
(b) the other person; or
(c) subject to the provisions of Subsection B of this section, another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or
(2) a later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.
B. A record signed pursuant to Subparagraph (c) of Paragraph (1) of Subsection A of this section shall:
(1) be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
(2) state that it has been signed and witnessed as provided in Paragraph (1) of this subsection.
C. Subject to the provisions of Section 8 [24-6B-8 NMSA 1978] of the Jonathan Spradling Revised Uniform Anatomical Gift Act, a donor or other person authorized to make an anatomical gift pursuant to Section 4 of that act may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.
D. A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.
E. A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in Subsection A of this section.
History: Laws 2007, ch. 323, § 6.
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.