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22-19-168
Section 22-19-168 Who may make anatomical gift of decedent's body or part. (a) Subject to subsections
(b) and (c) and unless barred by Section 22-19-166 or 22-19-167, an anatomical gift of a decedent's
body or part for 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 Section 22-19-163(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...
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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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22-19-142
Section 22-19-142 Request for consent to an anatomical gift; request not required where anatomical
gift would not be suitable for use. (a) When death occurs in a hospital to a patient who has
not made an anatomical gift to take effect upon death, the hospital administrator, or designated
representative, shall request the person described in Section 22-19-42(b), in the order of
priority stated, when persons in prior classes are not available at the time of death, and
in the absence of actual notice of contrary indication by the decedent or one in a prior class,
to consent to the gift of organs of the decedent's body as an anatomical gift. (b) Where such
request is made, pursuant to this section, the request and its disposition shall be noted
in the patient's medical record. (c) Where, based upon medical criteria, such request would
not yield an anatomical gift which would be suitable for use, there is an authorized exception
to the request required by this section. (d) Where, based upon...
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22-19-42
Section 22-19-42 Who may donate all, or part of, body; rights of donees. (a) Any individual
of sound mind and 18 years of age or older may give all, or any part of, his body for any
purposes specified in Section 22-19-43, the gift to take effect upon death. (b) Any of the
following persons, in order of priority stated, when persons in prior classes are not available
at the time of death, and in the absence of actual notice of contrary indications by the decedent
or actual notice of opposition by a member of the same or a prior class, may give all, or
any part of, the decedent's body for any purpose specified in Section 22-19-43: (1) The spouse;
(2) An adult son or daughter; (3) Either parent; (4) An adult brother or sister; (5) A guardian
of the person of the deceased at the time of his death; or (6) Any other person authorized
or under obligation to dispose of the body. (c) If the donee has actual notice of contrary
indications by the decedent or that a gift by a member of a class is...
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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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22-19-181
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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22-19-182
Section 22-19-182 Facilitation of anatomical gift from decedent whose body is under jurisdiction
of coroner or medical examiner. (a) Upon request of a procurement organization, a coroner
or medical examiner shall release to the procurement organization the name, contact information,
and available medical and social history of a decedent whose body is under the jurisdiction
of the coroner or medical examiner. Specific operational details regarding visitation, referral
methods, recovery logistics, and efforts to minimize interruptions to the operations of the
coroner and/or medical examiner will be established in the protocols referenced in Section
22-19-181 (d). Section 164.512 of the Health Information Portability and Protection Act, enacted
1996, specifies that a covered entity may use or disclose protected health information to
organ procurement organizations or other entities engaged in the procurement, banking, or
transplantation of cadaveric organs, eyes, or tissues for the...
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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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40-15-7
Section 40-15-7 Nonresident decedents. (a) Except as herein otherwise provided, all of the
provisions of this chapter shall be applicable to so much of the estates of nonresident decedents
as is subject to estate tax under the act of Congress in effect at the time of the death of
decedent as consists of real estate or tangible personal property located within this state
or other items of property or interest therein lawfully subject to the imposition of an estate
tax by the State of Alabama. (b) In assessing the tax upon any real estate or tangible property
located within this state belonging to the estate of a nonresident decedent, which shall pass
by will, devise or by the laws of intestacy, the Department of Revenue shall determine the
tax due to be such proportion of the federal estate tax as would be leviable upon an estate
of similar taxable net value, less that proportion of any exemption to which the estate is
entitled, which the actual value of the real estate and tangible...
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45-37-123.103
Section 45-37-123.103 Death benefits. (a) Preretirement death benefits. A vested member's beneficiary
is entitled to a preretirement joint survivorship pension, as described below. (1) MARRIED
MEMBER. If a married, active member dies, then the beneficiary may elect, on a form provided
by the pension board, to be paid in one of the following forms: a. One Hundred Percent Preretirement
Joint Survivorship Pension. If such member was eligible for a deferred retirement benefit
at the time of the member's death, then the beneficiary may elect to be paid in the form of
a 100 percent preretirement joint survivorship pension, which is a monthly annuity paid during
the beneficiary's lifetime which is equal to the actuarial equivalent of the benefits that
would have been paid to the member if, instead of dying, the member had terminated employment;
or b. Refund. The beneficiary may elect a refund of the member's employee contributions in
accordance with Section 45-37-123.104(4)b. (2) UNMARRIED...
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