22-19-164
Section 22-19-164 Manner of making anatomical gift before donor's death. (a) A donor may make an anatomical gift: (1) by authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license or identification card; (2) in a will; (3) during a terminal illness or injury of the donor, by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness; or (4) as provided in subsection (b). (b) A donor or other person authorized to make an anatomical gift under Section 22-19-163 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and must: (1) be...
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22-19-165
Section 22-19-165 Amending or revoking anatomical gift before donor's death. (a) Subject to Section 22-19-167, a donor or other person authorized to make an anatomical gift under Section 22-19-163 may amend or revoke an anatomical gift by: (1) a record signed by: (A) the donor; (B) the other person; or (C) subject to subsection (b), another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or (2) a later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency. (b) A record signed pursuant to subsection (a)(1)(C) must: (1) be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and (2) state that it has been signed and witnessed as provided in subdivision (1). (c) Subject to Section 22-19-167, a donor or other person authorized...
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22-19-161
Section 22-19-161 Definitions. In this article: (1) "Adult" means an individual who is at least 18 years of age. (2) "Agent" means an individual: (A) authorized to make health care decisions on the principal's behalf by a power of attorney for health care; or (B) expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal. (3) "Anatomical gift" means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education. (4) "Coroner" means an elected or appointed official who determines, with the assistance of other forensic scientists and investigators, the cause, manner, and circumstances surrounding death. (5) "Decedent" means a deceased individual whose body or part is or may be the source of an anatomical gift. The term includes a stillborn infant and, subject to restrictions imposed by law other than this article, a fetus. (6) "Disinterested...
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22-19-166
Section 22-19-166 Refusal to make anatomical gift; effect of refusal. (a) An individual may refuse to make an anatomical gift of the individual's body or part by: (1) a record signed by: (A) the individual; or (B) subject to subsection (b), another individual acting at the direction of the individual if the individual is physically unable to sign; (2) the individual's will, whether or not the will is admitted to probate or invalidated after the individual's death; or (3) any form of communication made by the individual during the individual's terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness. (b) A record signed pursuant to subsection (a)(1)(B) must: (1) be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the individual; and (2) state that it has been signed and witnessed as provided in subdivision (1). (c) An individual who has made a refusal may amend or...
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22-19-181
Section 22-19-181 Cooperation between coroner, medical examiner, and procurement organization. (a) A coroner or medical examiner or district attorney or local public health official or a designee shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education when it has been determined that the recovery will not interfere with a death investigation. The organ procurement organization, tissue bank, and eye bank will make every reasonable effort to seek approval and release from the coroner or medical examiner or district attorney or designee prior to proceeding with consent approaches to the authorized parties as described in this article. The request for release process will begin with the coroner or designee, who may defer to the medical examiner or designee, who may subsequently defer to the district attorney or designee. At the time of coroner or medical examiner or district...
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22-19-163
Section 22-19-163 Who may make anatomical gift before donor's death. Subject to Section 22-19-167, an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in Section 22-19-164 by: (1) the donor, if the donor is an adult or if the donor is a minor and is: (A) emancipated; or (B) authorized under state law to apply for a driver's license because the donor is at least 16 years of age; (2) an agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift; (3) a parent of the donor, if the donor is an unemancipated minor; or (4) the donor's guardian. (Act 2008-453, p. 867, ยง1.)...
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22-19-179
Section 22-19-179 Donor registry. (a) The Alabama State Law Enforcement Agency may establish or contract for the establishment of a donor registry. (b) The Alabama State Law Enforcement Agency shall cooperate with a person that administers any donor registry that this state establishes, contracts for, or recognizes for the purpose of transferring to the donor registry all relevant information regarding a donor's making, amendment to, or revocation of an anatomical gift. (c) A donor registry must: (1) allow a donor or other person authorized under Section 22-19-163 to include on the donor registry a statement or symbol that the donor has made, amended, or revoked an anatomical gift; (2) be accessible to a procurement organization to allow it to obtain relevant information on the donor registry to determine, at or near death of the donor or a prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift; and (3) be accessible for purposes of...
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22-19-173
Section 22-19-173 Rights and duties of procurement organization and others. (a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the Alabama State Law Enforcement Agency and any donor registry that it knows exists for the geographical area in which the individual resides to ascertain whether the individual has made an anatomical gift. (b) A procurement organization must be allowed reasonable access to information in the records of the Alabama State Law Enforcement Agency to ascertain whether an individual at or near death is a donor. (c) When a hospital refers an individual at or near death to a procurement organization, the organization may conduct any reasonable examination necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research, or education from a donor or a prospective donor. During the...
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22-19-47
Section 22-19-47 Powers, duties and liabilities upon death. (a) The donee may accept or reject the gift. If the donee accepts a gift of the entire body, he may, subject to the terms of the gift, authorize embalming and the use of the body in funeral services. If the gift is of a part of the body, the donee, upon the death of the donor and prior to embalming, shall cause the part to be removed without unnecessary mutilation. After removal of the part, custody or the remainder of the body vests in the surviving spouse, next of kin or other persons under obligations to dispose of the body. (b) The time of death shall be determined by a physician who attends the donor at his death or, if none, the physician who certifies the death. The physician shall not participate in the procedures for removing or transplanting a part. (c) A person who acts in good faith in accord with the terms of this article or with the anatomical gift laws of another state or a foreign country is not liable for...
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22-19-71.1
Section 22-19-71.1 Promotion of organ donation through the application and renewal process for driver's licenses. (a) This section shall be named Angelynn and Courtney's Law. (b) The Legislature finds: (1) There is an acute need for organ donors in Alabama and throughout the nation. (2) According to the United Network for Organ Sharing, more than 121,000 people are waiting for an organ transplant nationally, and a new person is added to the waiting list every 18 minutes. (3) In Alabama, more than 3,300 people are waiting for an organ transplant. (4) For an average of 19 people per day, the wait is too long and they die before a suitable organ is available. (5) The Revised Uniform Anatomical Gift Act currently provides for notice of intent to make an organ donation upon the donor's death. (6) A checkoff on a driver's license to be an organ donor has been a very successful way to encourage organ donation, but more can be done to provide greater education and public awareness regarding...
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