Rhode Island General Laws
Chapter 23-18.6.1 - Revised Uniform Anatomical Gift Act
Section 23-18.6.1-9. - Who may make anatomical gift of decedent’s body or part.

§ 23-18.6.1-9. Who may make anatomical gift of decedent’s body or part.
(a) Subject to subsections (b) and (c) and unless barred by this chapter, 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 pursuant to this chapter immediately before the decedent’s death;
(2) The spouse of the decedent or the certified domestic partner of the decedent as defined in subsections 36-12-1(3) and 45-19-4.3(b) or any other provision of state law;
(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) An adult who exhibited special care and concern for the decedent, who is familiar with the decedent’s personal values, and who had maintained regular contact with the decedent prior to his or her death; provided, however, it shall not include any medical personnel caring for the decedent at the time of or immediately leading up to the decedent’s death; and
(9) The persons who were acting as the guardians of the person of the decedent at the time of death.
(b) If there is more than one member of a class listed in the previous subsection which is 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 the provisions of this chapter 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.
(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 of Section.P.L. 2007, ch. 476, § 2.

Structure Rhode Island General Laws

Rhode Island General Laws

Title 23 - Health and Safety

Chapter 23-18.6.1 - Revised Uniform Anatomical Gift Act

Section 23-18.6.1-1. - Short title.

Section 23-18.6.1-2. - Definitions.

Section 23-18.6.1-3. - Applicability.

Section 23-18.6.1-4. - Who may make anatomical gift before donor’s death.

Section 23-18.6.1-5. - Manner of making anatomical gift before donor’s death.

Section 23-18.6.1-6. - Amending or revoking anatomical gift before donor’s death.

Section 23-18.6.1-7. - Refusal to make anatomical gift — Effect of refusal.

Section 23-18.6.1-8. - Preclusive effect of anatomical gift, amendment or revocation.

Section 23-18.6.1-9. - Who may make anatomical gift of decedent’s body or part.

Section 23-18.6.1-10. - Manner of making, amending or revoking anatomical gift of decedent’s body or part.

Section 23-18.6.1-11. - Persons that may receive anatomical gift — Purpose of anatomical gift.

Section 23-18.6.1-12. - Search and notification.

Section 23-18.6.1-13. - Delivery of document of gift not required — Right to examine.

Section 23-18.6.1-14. - Rights and duties of procurement organization and others.

Section 23-18.6.1-15. - Coordination of procurement and use.

Section 23-18.6.1-16. - Sale or purchase of parts prohibited.

Section 23-18.6.1-17. - Other prohibited acts.

Section 23-18.6.1-18. - Immunity.

Section 23-18.6.1-19. - Law governing validity — Choice of law as to execution of document of gift — Presumption of validity.

Section 23-18.6.1-20. - Donor registry.

Section 23-18.6.1-21. - [Reserved.]

Section 23-18.6.1-22. - Cooperation between medical examiner and procurement organization.

Section 23-18.6.1-23. - Facilitation of anatomical gift from decedent whose body is under jurisdiction of medical examiner.

Section 23-18.6.1-24. - Uniformity of application and construction.

Section 23-18.6.1-25. - Relation to Electronic Signatures in Global and National Commerce Act.