§ 7-1531.07. Preclusive effect of anatomical gift, amendment, or revocation.

Current through October 23, 2012

(a) Except as otherwise provided in subsection (g) of this section and subject to subsection (f) of this section, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor's body or part if the donor made an anatomical gift of the donor's body or part under § 7-1531.04 or an amendment to an anatomical gift of the donor's body or part under § 7- 1531.05.

(b) A donor's revocation of an anatomical gift of the donor's body or part under § 7-1531.05 is not a refusal and does not bar another person specified in § 7-1531.03 or § 7-1531.08 from making an anatomical gift of the donor's body or part under § 7-1531.04 or § 7-1531.09.

(c) If a person other than the donor makes an unrevoked anatomical gift of the donor's body or part under § 7-1531.04 or an amendment to an anatomical gift of the donor's body or part under § 7-1531.05, another person may not make, amend, or revoke the gift of the donor's body or part under § 7-1531.09.

(d) A revocation of an anatomical gift of a donor's body or part under § 7- 1531.05 by a person other than the donor does not bar another person from making an anatomical gift of the body or part under § 7-1531.04 or § 7- 1531.09.

(e) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under § 7-1531.03, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.

(f) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under § 7-1531.03, an anatomical gift of a part for one or more of the purposes set forth in § 7- 1531.03 is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under § 7-1531.04 or § 7-1531.09.

(g) If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor's body or part.

(h) If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor's refusal.

                
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(Apr. 15, 2008, D.C. Law 17-145, § 8, 55 DCR 2532; Mar. 25, 2009, D.C. Law 17-353, § 230(b), 56 DCR 1117.)

HISTORICAL AND STATUTORY NOTES

Effect of Amendments

D.C. Law 17-353 validated previously made technical corrections in subsecs. (b), (d), and (f).

Legislative History of Laws

For Law 17-145, see notes following § 7-1531.01.

For Law 17-353, see notes following § 7-161.

Uniform Law

This section is based upon § 8 of the Revised Uniform Anatomical Gift Act (2006). See Vol. 8A, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.