Maine Revised Statutes

§2951. Persons that may receive anatomical gift; purpose of anatomical gift

1. Named recipient.  An anatomical gift of a body or part may be made to the following persons:
A. A named hospital, accredited medical school, dental school, college, university or organ procurement organization or other appropriate person for research or education; [2007, c. 601, §2 (NEW).]
B. A named individual designated by the person making the anatomical gift if the individual is the recipient of the part; or, if the part for any reason cannot be transplanted into the individual, the part passes in accordance with subsection 6 in the absence of an express, contrary indication by the person making the anatomical gift; or [2007, c. 601, §2 (NEW).]
C. A named eye bank or tissue bank. [2007, c. 601, §2 (NEW).]
[ 2007, c. 601, §2 (NEW) .]
2. Named purpose.  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 1 but identifies the purpose for which an anatomical gift may be used, the following rules apply.
A. 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. [2007, c. 601, §2 (NEW).]
B. If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank. [2007, c. 601, §2 (NEW).]
C. 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. [2007, c. 601, §2 (NEW).]
D. 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. [2007, c. 601, §2 (NEW).]
[ 2007, c. 601, §2 (NEW) .]
3. Priority of purposes.  For the purpose of subsection 2, 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 for those purposes and, if the gift cannot be used for transplantation or therapy, the gift may be used for research or education.
[ 2007, c. 601, §2 (NEW) .]
4. No named recipient or purpose.  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 1 and does not identify the purpose of the gift, the gift passes in accordance with subsection 6 and the decedent's parts must be used for transplantation or therapy, if suitable, and, if not suitable, the gift may be used for research or education.
[ 2007, c. 601, §2 (NEW) .]
5. General intent.  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 passes in accordance with subsection 6 and the decedent's parts must be used for transplantation or therapy, if suitable, and, if not suitable, the gift may be used for research or education.
[ 2007, c. 601, §2 (NEW) .]
6. Rules of passing anatomical gifts.  For purposes of subsection 1, paragraph B and subsections 3, 4 and 5, the following rules apply.
A. If the part is an eye, the gift passes to the appropriate eye bank. [2007, c. 601, §2 (NEW).]
B. If the part is tissue, the gift passes to the appropriate tissue bank. [2007, c. 601, §2 (NEW).]
C. If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ. [2007, c. 601, §2 (NEW).]
[ 2007, c. 601, §2 (NEW) .]
7. Passing of organ for transplantation or therapy.  An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under subsection 1, paragraph B, passes to the organ procurement organization as custodian of the organ.
[ 2007, c. 601, §2 (NEW) .]
8. Custody of body or part if not passed or used.  If an anatomical gift does not pass pursuant to subsections 1 to 7 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.
[ 2007, c. 601, §2 (NEW) .]
9. Acceptance of gift prohibited.  A person may not accept an anatomical gift if the person knows that the gift was not effectively made under section 2945 or 2950 or if the person knows that the decedent made a refusal under section 2947 that was not revoked. For purposes of this 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.
[ 2007, c. 601, §2 (NEW) .]
10. Allocation of organs for transplant or therapy.  Except as otherwise provided in subsection 1, paragraph B, nothing in this chapter affects the allocation of organs for transplantation or therapy.
[ 2007, c. 601, §2 (NEW) .]
SECTION HISTORY
2007, c. 601, §2 (NEW).