72-17-201. Making, amending, revoking, and refusing to make anatomical gifts by individual. (1) An individual who is at least 18 years of age may:
     (a) make an anatomical gift for any of the purposes stated in 72-17-202; or
     (b) limit an anatomical gift to one or more of those purposes.
     (2) An anatomical gift may be made only by a document of gift signed by the donor. If the donor cannot sign, the document of gift must be signed by another individual and by two witnesses, all of whom have signed at the direction and in the presence of the donor and of each other, and must state that it has been signed.
     (3) If a document of gift is attached to or imprinted on a donor's motor vehicle operator's license, the document of gift must comply with subsection (2). Revocation, suspension, expiration, or cancellation of the license does not invalidate the anatomical gift.
     (4) A document of gift may designate a particular physician or surgeon to carry out the appropriate procedures. In the absence of a designation or if the designee is not available, the donee or other person authorized to accept the anatomical gift may employ or authorize any physician, surgeon, technician, or enucleator to carry out the appropriate procedures.
     (5) An anatomical gift by will takes effect upon the death of the testator, whether or not the will is probated. If, after the testator's death, the will is declared invalid for testamentary purposes, the validity of the anatomical gift is unaffected. A gift made in accordance with this section is sufficient legal authority for procurement without additional authority from the donor or the donor's family or estate.
     (6) (a) A donor may amend or revoke an anatomical gift not made by will only by:
     (i) a signed statement;
     (ii) an oral statement made in the presence of two individuals;
     (iii) any form of communication during a terminal illness or injury addressed to a physician or surgeon; or
     (iv) the delivery of a signed statement to a specified donee to whom a document of gift had been delivered.
     (b) A donor shall notify the federally designated organ procurement organization of the destruction, cancellation, or mutilation of the document for the purpose of removing the person's name from the organ and tissue donation registry created in 72-17-105 and 72-17-106.
     (7) The donor of an anatomical gift made by will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection (6).
     (8) An anatomical gift that is not revoked by the donor before death is irrevocable and does not require the consent or concurrence of any person after the donor's death. The donor's family or health care provider may not refuse to honor the gift or thwart the procurement of the donation.
     (9) (a) An individual may refuse to make an anatomical gift of the individual's body or part by:
     (i) a writing signed in the same manner as a document of gift;
     (ii) a statement attached to or imprinted on a donor's motor vehicle operator's license; or
     (iii) any other writing used to identify the individual as refusing to make an anatomical gift.
     (b) During a terminal illness or injury, the refusal may be an oral statement or other form of communication.
     (10) In the absence of contrary indications by the donor, an anatomical gift of a part is neither a refusal to give other parts nor a limitation on an anatomical gift under 72-17-214 or on a removal or release of other parts under 72-17-215.
     (11) In the absence of contrary indications by the donor, a revocation or amendment of an anatomical gift is not a refusal to make another anatomical gift. If the donor intends a revocation to be a refusal to make an anatomical gift, the donor shall make the refusal pursuant to subsection (9).

     History: En. Sec. 2, Ch. 340, L. 1969; R.C.M. 1947, 69-2316(a) thru (c); amd. Sec. 4, Ch. 540, L. 1989; amd. Sec. 4, Ch. 230, L. 2003.