Uniform Anatomical Gift – General – New Hampshire

Definitions

An “anatomical gift” is a donation of all or part of a human body to take effect on or after death.

A “document of gift” is a card, a statement attached to or imprinted on a motor vehicle driver’s license, a will, or other writing used to make an anatomical gift.

291-A:4 Who May Make Anatomical Gift Before Donor’s Death.

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 RSA 291-A:5 by:
I. 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 or identification card;
II. An agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift;
III. A parent of the donor, if the donor is an unemancipated minor; or
IV. The donor’s guardian.

291-A:5 Manner of Making Anatomical Gift Before Donor’s Death.

I. A donor may make an anatomical gift:
(a) 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;
(b) In a will;
(c) During a terminal illness or injury of the donor, by any form of communication addressed to at least 2 adults, at least one of whom is a disinterested witness; or
(d) As provided in paragraph II.

II. A donor or other person authorized to make an anatomical gift under RSA 291-A:4 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 shall:
(a) Be witnessed by at least 2 adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
(b) State that it has been signed and witnessed as provided in subparagraph (a).

III. Revocation, suspension, expiration, or cancellation of a driver’s license or identification card upon which an anatomical gift is indicated does not invalidate the gift.
IV. An anatomical gift made by will takes effect upon the donor’s death whether or not the will is probated. Invalidation of the will after the donor’s death does not invalidate the gift.

291-A:6 Amending or Revoking Anatomical Gift Before Donor’s Death.

I. A donor or other person authorized to make an anatomical gift under RSA 291-A:4 may amend or revoke an anatomical gift by:
(a) A record signed by:
(1) The donor;
(2) The other person; or
(3) Subject to paragraph II, 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
(b) 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.
II. A record signed pursuant to subparagraph I(a)(3) shall:
(a) Be witnessed by at least 2 adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
(b) State that it has been signed and witnessed as provided in paragraph I.

III. A donor or other person authorized to make an anatomical gift under RSA 291-A:4 may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.

IV. A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least 2 adults, at least one of whom is a disinterested witness.

V. A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in paragraph I.

291-A:7 Refusal to Make Anatomical Gift; Effect of Refusal.

I. An individual may refuse to make an anatomical gift of the individual’s body or part by:
(a) A record signed by:
(1) The individual; or
(2) Subject to paragraph II, another individual acting at the direction of the individual if the individual is physically unable to sign;
(b) The individual’s will, whether or not the will is admitted to probate or invalidated after the individual’s death; or
(c) Any form of communication made by the individual during the individual’s terminal illness or injury addressed to at least 2 adults, at least one of whom is a disinterested witness.

II. A record signed pursuant to subparagraph I(a)(2) shall:
(a) Be witnessed by at least 2 adults, at least one of whom is a disinterested witness, who have signed at the request of the individual; and
(b) State that it has been signed and witnessed as provided in subparagraph (a).

III. An individual who has made a refusal may amend or revoke the refusal:
(a) In the manner provided in paragraph I for making a refusal;
(b) By subsequently making an anatomical gift pursuant to RSA 291-A:5 that is inconsistent with the refusal; or
(c) By destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.

IV. Except as otherwise provided in RSA 291-A:8, VIII, in the absence of an express, contrary indication by the individual set forth in the refusal, an individual’s unrevoked refusal to make an anatomical gift of the individual’s body or part bars all other persons from making an anatomical gift of the individual’s body or part.

291-A:8 Preclusive Effect of Anatomical Gift, Amendment, or Revocation.

I. 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 RSA 291-A:5 or an amendment to an anatomical gift of the donor’s body or part under RSA 291-A:6.

II. A donor’s revocation of an anatomical gift of the donor’s body or part under RSA 291-A:6 is not a refusal and does not bar another person specified in RSA 291-A:4 or RSA 291-A:9 from making an anatomical gift of the donor’s body or part under RSA 291-A:5 or RSA 291-A:10.

III. If a person other than the donor makes an unrevoked anatomical gift of the donor’s body or part under RSA 291-A:5 or an amendment to an anatomical gift of the donor’s body or part under RSA 291-A:6, another person may not make, amend, or revoke the gift of the donor’s body or part under RSA 291-A:10.

IV. A revocation of an anatomical gift of a donor’s body or part under RSA 291-A:6 by a person other than the donor shall not bar another person from making an anatomical gift of the body or part under RSA 291-A:5 or RSA 291-A:10.

V. In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under RSA 291-A:4, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.

VI. In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under RSA 291-A:4, an anatomical gift of a part for one or more of the purposes set forth in RSA 291-A:4 is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under RSA 291-A:5 or RSA 291-A:10.

VII. If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor’s body or part.

VIII. If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor’s refusal.

291-A:10 Manner of Making, Amending, or Revoking Anatomical Gift of Decedent’s Body or Part.

I. A person authorized to make an anatomical gift under RSA 291-A:9 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.

II. An anatomical gift by a person authorized under RSA 291-A:9 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 RSA 291-A:9 may be:
(a) Amended only if a majority of the reasonably available members agree to the amending of the gift; or
(b) Revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.

III. A revocation under paragraph II is effective only if, before an incision has been made to remove a part from the donor’s body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation.

291-A:13 Delivery of Document of Gift Not Required; Right to Examine.

I. A document of gift need not be delivered during the donor’s lifetime to be effective.

II. Upon or after an individual’s death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under RSA 291-A:11.

291-A:14 Rights and Duties of Procurement Organization and Others.

I. 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 New Hampshire donor registry and any other 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.

II. A procurement organization shall be allowed reasonable access to information in the records of the department of motor vehicles through the New Hampshire donor registry pursuant to RSA 291-A:20 to ascertain whether an individual at or near death is a donor.

III. When a hospital refers an individual at or near death to a procurement organization, the organization may conduct any reasonable examination necessary to assess 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 examination period, measures necessary to maintain the potential medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent.

IV. Unless prohibited by law other than this chapter, at any time after a donor’s death, the person to which a part passes under RSA 291-A:11 may conduct any reasonable examination necessary to assess the medical suitability of the body or part for its intended purpose.

V. Unless prohibited by law other than this chapter, an examination under paragraphs III or IV may include an examination of all medical and dental records of the donor or prospective donor.

VI. Upon the death of a minor who was a donor or had signed a refusal, unless a procurement organization knows the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal.

VII. Upon referral by a hospital under paragraph I, a procurement organization shall make a reasonable search for any person listed in RSA 291-A:9 having priority to make an anatomical gift on behalf of a prospective donor. If a procurement organization receives information that an anatomical gift to any other person was made, amended, or revoked, it shall promptly advise the other person of all relevant information.

VIII. Subject to RSA 291-A:11 and RSA 291-A:22, the rights of the person to which a part passes under RSA 291-A:11 are superior to the rights of all others with respect to the part. The person may accept or reject an anatomical gift in whole or in part. Subject to the terms of the document of gift and this act, a person that accepts an anatomical gift of an entire body may allow embalming, burial or cremation, and use of remains in a funeral service. If the gift is of a part, the person to which the part passes under RSA 291-A:11, upon the death of the donor and before embalming, burial, or cremation, shall cause the part to be removed without unnecessary mutilation.

IX. Neither the physician who attends the decedent at death nor the physician who determines the time of the decedent’s death may participate in the procedures for removing or transplanting a part from the decedent.

X. A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove.

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