Code of Alabama

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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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22-19-173
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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22-19-167
Section 22-19-167 Preclusive effect of anatomical gift, amendment, or revocation. (a) Except
as otherwise provided in subsection (g) and subject to subsection (f), 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 Section 22-19-164 or an amendment to an anatomical
gift of the donor's body or part under Section 22-19-165. (b) A donor's revocation of an anatomical
gift of the donor's body or part under Section 22-19-165 is not a refusal and does not bar
another person specified in Section 22-19-163 or 22-19-168 from making an anatomical gift
of the donor's body or part under Section 22-19-164 or 22-19-169. (c) If a person other than
the donor makes an unrevoked anatomical gift of the donor's body or part under Section 22-19-164
or an amendment to an anatomical gift of the donor's body...
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22-19-46
Section 22-19-46 Amendment or revocation of gift. (a) If the will, card or other document,
or executed copy thereof, has been delivered to a specified donee, the donor may amend or
revoke the gift by: (1) The execution and delivery to the donee of a signed statement; (2)
An oral statement made in the presence of two persons and communicated to the donee; (3) A
statement during a terminal illness or injury addressed to an attending physician and communicated
to the donee; or (4) A signed card or document found on his person or in his effects. (b)
Any document of gift which has not been delivered to the donee may be revoked by the donor
in the manner set out in subsection (a) of this section or by destruction, cancellation or
mutilation of the document and all executed copies thereof. (c) Any gift made by a will may
also be amended or revoked in the manner provided for amendment or revocation of wills or
as provided in subsection (a) of this section. (Acts 1969, Ex. Sess., No. 164, p....
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22-19-169
Section 22-19-169 Manner of making, amending, or revoking anatomical gift of decedent's body
or part. (a) A person authorized to make an anatomical gift under Section 22-19-168 may make
an anatomical gift by a document of gift signed by the person making the gift or by that person's
oral communication that is electronically recorded or is contemporaneously reduced to a record
and signed by the individual receiving the oral communication. (b) Subject to subsection (c),
an anatomical gift by a person authorized under Section 22-19-168 may be amended or revoked
orally or in a record by any member of a prior class who is reasonably available. If more
than one member of the prior class is reasonably available, the gift made by a person authorized
under Section 22-19-168 may be: (1) amended only if a majority of the reasonably available
members agree to the amending of the gift; or (2) revoked only if a majority of the reasonably
available members agree to the revoking of the gift or if they...
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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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22-19-170
Section 22-19-170 Persons that may receive anatomical gift; purpose of anatomical gift. (a)
An anatomical gift may be made to the following persons named in the document of gift: (1)
a hospital; accredited medical school, dental school, college, or university; organ procurement
organization; or other appropriate person, for research or education; (2) subject to subsection
(b), an individual designated by the person making the anatomical gift if the individual is
the recipient of the part; (3) an eye bank or tissue bank. (b) If an anatomical gift to an
individual under subsection (a)(2) cannot be transplanted into the individual, the part passes
in accordance with subsection (g) in the absence of an express, contrary indication by the
person making the anatomical gift. (c) 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
(a) but identifies the purpose for which an anatomical gift may be...
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22-19-171
Section 22-19-171 Search and notification. (a) The following persons shall make a reasonable
search of an individual who the person reasonably believes is dead or near death for a document
of gift or other information identifying the individual as a donor or as an individual who
made a refusal: (1) a law enforcement officer, firefighter, paramedic, or other emergency
rescuer finding the individual; and (2) if no other source of the information is immediately
available, a hospital, as soon as practical after the individual's arrival at the hospital.
(b) If a document of gift or a refusal to make an anatomical gift is located by the search
required by subsection (a)(1) and the individual or deceased individual to whom it relates
is taken to a hospital, the person responsible for conducting the search shall send the document
of gift or refusal to the hospital. (c) A person is not subject to criminal or civil liability
for failing to discharge the duties imposed by this section but may be...
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22-19-44
Section 22-19-44 Modes of executing gift. (a) A gift of all or part of the body under subsection
(a) of Section 22-19-42 may be made by will. The gift becomes effective upon the death of
the testator without waiting for probate. If the will is not probated, or if it is declared
invalid for testamentary purposes, the gift, to the extent that it has been acted upon in
good faith, is nevertheless valid and effective. (b) A gift of all or part of the body under
subsection (a) of Section 22-19-42 may also be made by document other than a will. The gift
becomes effective upon the death of the donor. The document, which may be a card designed
to be carried on the person, must be signed by the donor in the presence of two witnesses,
who must sign the document in his presence. If the donor cannot sign, the document may be
signed for him at his direction and in his presence and in the presence of two witnesses,
who must sign the document in his presence. Delivery of the document of gift during...
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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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