Section 13.52.197. Who may make anatomical gift of decedent's body or part.

   (a) Subject to (b) and (c) of this section and unless barred by AS 13.52.187 or 13.52.193, an anatomical gift of a decedent's body or part for the 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 under AS 13.52.173(2) immediately before the decedent's death;
        (2) the spouse of the decedent;
        (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;
        (9) the persons who were acting as the guardians of the person of the decedent at the time of death; and
        (10) any other person having the authority to dispose of the decedent's body.
   (b) If there is more than one member of a class listed in (a)(1), (3), (4), (5), (6), (7), or (9) of this section 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 whom the gift may pass under AS 13.52.207 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 (a) of this section is reasonably available to make or to object to the making of an anatomical gift.

Authorities

13.52.203;13.52.223;13.52.243

Notes

References

AS 13.52.203 Manner of making, amending, or revoking anatomical gift of decedent's body or part.
AS 13.52.223 Rights and duties of procurement organization and others.
AS 13.52.243 Immunity.

History

(Sec. 20 ch 100 SLA 2008)