34-26-58. Persons who 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 §34-26-52 or 34-26-57 or if the person knows that the decedent made a refusal under §34-26-54 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 §§34-26-48 to 34-26-72, inclusive, affects the allocation of organs for transplantation or therapy.
Source: SL 2007, ch 197, §11.
Structure South Dakota Codified Laws
Title 34 - Public Health and Safety
Chapter 26 - Custody And Disposition Of Bodies And Body Parts
Section 34-26-1 - Personal right to direct disposition of body and bodily parts.
Section 34-26-2 - Autopsy authorized.
Section 34-26-3 - Dissection authorized by decedent during life.
Section 34-26-4 - Dissection authorized by spouse or next of kin.
Section 34-26-7 - Dissection authorized by legislative enactment.
Section 34-26-9 - Receipt and record of bodies received by medical school.
Section 34-26-11 - Use of unclaimed bodies by medical school--Burial of remains.
Section 34-26-12 - Autopsies at hospitals for the mentally ill.
Section 34-26-13 - Unauthorized dissection of body as misdemeanor.
Section 34-26-14 - Right to custody of dead body--Coroner's custody pending inquest.
Section 34-26-15 - Burial within reasonable time required.
Section 34-26-18 - Failure to make burial as misdemeanor--Civil liability for treble expenses.
Section 34-26-19 - Provisions applicable to parts of body.
Section 34-26-21.1 - Department of Public Safety distribution of information on organ donation.
Section 34-26-47 - Hospital protocol for identifying potential organ donors.
Section 34-26-47.1 - Discrimination in organ transplant process prohibited.
Section 34-26-48 - Short title.
Section 34-26-49 - Definitions.
Section 34-26-50 - Applicability.
Section 34-26-51 - Who may make anatomical gift before donor's death.
Section 34-26-52 - Manner of making anatomical gift before donor's death.
Section 34-26-53 - Amending or revoking anatomical gift before donor's death.
Section 34-26-54 - Refusal to make anatomical gift--Effect of refusal.
Section 34-26-55 - Preclusive effect of anatomical gift, amendment, or revocation.
Section 34-26-56 - Who may make anatomical gift of decedent's body or part.
Section 34-26-58 - Persons who may receive anatomical gift--Purpose of anatomical gift.
Section 34-26-59 - Search and notification.
Section 34-26-60 - Delivery of document of gift not required--Right to examine.
Section 34-26-61 - Rights and duties of procurement organization and others.
Section 34-26-62 - Coordination of procurement and use.
Section 34-26-63 - Sale or purchase of parts prohibited.
Section 34-26-64 - Other prohibited acts.
Section 34-26-67 - Donor registry.
Section 34-26-68 - Effect of anatomical gift on advance health care directive.
Section 34-26-69 - Cooperation between coroner and procurement organization.
Section 34-26-71 - Uniformity of application and construction.
Section 34-26-72 - Relation to Electronic Signatures in Global and National Commerce Act.
Section 34-26-73 - Disposition of body of deceased servicemember.
Section 34-26-74 - Contracts for disposition--Funeral--Burial.
Section 34-26-75 - Right to control--Order of precedence.
Section 34-26-76 - Forfeiture of right.
Section 34-26-77 - Affidavit--Designation by decedent.
Section 34-26-78 - Court determination against statutory precedence--Considerations.
Section 34-26-79 - Funeral service agreement-- Disposition authorization—Reliance upon content.
Section 34-26-80 - Funeral homes--Limitation of liability--Acting in good faith.