Oregon Anatomical Gift Act Law

Uniform Anatomical Gift – General – Oregon

97.955 Purpose of anatomical gift; persons authorized to make gift.

A donor may make an anatomical gift of a donor’s body or body part during the life of the donor for the purpose of transplantation, therapy, research or education.

An anatomical gift may be made in the manner provided in ORS 97.957 by:
(a) The donor, if the donor is an adult or if the donor is a minor and is:
(A) Emancipated; or
(B) Authorized under ORS 807.280 to apply for an instruction driver permit because the donor is at least 15 years of age;
(b) An agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift;
(c) A parent of the donor, if the donor is an unemancipated minor; or
(d) The donor’s guardian.

97.957 Methods of making anatomical gift before death of donor.

A donor may make an anatomical gift:
(a) By a designation on the donor’s driver 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 two adults, at least one of whom is a disinterested witness;
(d) By a donor card or other record signed by the donor or other person making the gift; or
(e) By authorizing that a statement, symbol or designation indicating that the donor has made an anatomical gift is to be included on a donor registry.

If the donor or other person authorized to make an anatomical gift under ORS 97.955 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:
(a) 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
(b) State that it has been signed and witnessed as provided in paragraph (a) of this subsection.

Revocation, suspension, expiration or cancellation of a driver license or identification card upon which an anatomical gift is indicated does not invalidate the gift.

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.

An anatomical gift made by a designation on the donor’s driver license or identification card is conclusively presumed valid.

97.959 Revocation or amendment of anatomical gift by donor or agent or guardian of donor.

An anatomical gift made under ORS 97.957 may be amended or revoked only by the donor in accordance with the provisions of this section and may not be amended or revoked by any other person otherwise authorized to make, amend or revoke a gift under ORS 97.963 or 97.967.

A donor or other person authorized to amend or revoke an anatomical gift under subsection (7) or (8) of this section may amend or revoke an anatomical gift by:
(a) A record signed by:
(A) The donor;
(B) The other person; or
(C) 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.

A record signed pursuant to subsection (2)(a)(C) of this section must:
(a) 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
(b) State that it has been signed and witnessed as required in this subsection.

A donor or other person authorized to revoke an anatomical gift under subsection (7) or (8) of this section 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.

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 two adults, at least one of whom is a disinterested witness.

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 subsection (4) of this section.

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 body part.

An agent or guardian of a donor may amend or revoke an anatomical gift only if:
(a) The agent or guardian made the gift under ORS 97.955 (2)(b) or (d); or
(b) The power of attorney for health care or other record appointing the agent expressly authorizes the agent to amend or revoke anatomical gifts.

97.961 Refusal to make anatomical gift; effect of refusal.

An individual may refuse to make an anatomical gift of the individual’s body or body part by:
(a) A record signed by:
(A) The individual; or
(B) Subject to subsection (2) of this section, 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 two adults, at least one of whom is a disinterested witness.

A record signed under subsection (1)(a)(B) of this section must:
(a) 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
(b) State that it has been signed and witnessed as provided in this subsection.

An individual who has made a refusal may amend or revoke the refusal:
(a) In the manner provided in subsection (1) of this section for making a refusal;
(b) By subsequently making an anatomical gift pursuant to ORS 97.957 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, provided that the destruction or cancellation is done with the intent to revoke the refusal.

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 body part
prohibits all other persons from making an anatomical gift of the individual’s body or body part.

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

97.963 Effect of making, amending or revoking anatomical gift.

An anatomical gift of a donor’s body or body part, if the donor or another person made an anatomical gift of the donor’s body or body part under ORS 97.957 or an amendment to an anatomical gift of the donor’s body or body part under ORS 97.959, may not be revoked except in accordance with ORS 97.959.

A donor’s revocation of an anatomical gift of the donor’s body or body part under ORS 97.959 is not a refusal and does not prohibit another person specified in ORS 97.955 or 97.965 from making an anatomical gift of the donor’s body or body part under ORS 97.957 or 97.967.

If a person other than the donor makes an unrevoked anatomical gift of the donor’s body or body part under ORS 97.957 or an amendment to an anatomical gift of the donor’s body or body part under ORS 97.959, another person may not make, amend or revoke the gift of the donor’s body or body part under ORS 97.967.

A revocation of an anatomical gift of a donor’s body or body part under ORS 97.959 by a person other than the donor does not prohibit another person from making an anatomical gift of the body or body part under ORS 97.957 or 97.967.

In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under ORS 97.955, an anatomical gift of a body part is neither a refusal to give another body part nor a limitation on the making of an anatomical gift of another body part at a later time by the donor or other person.

In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under ORS 97.955, an anatomical gift of a body part for one or more of the purposes set forth in ORS 97.955 is not a limitation on the making of an anatomical gift of the body part for any of the other purposes by the donor or other person under ORS 97.957 or 97.967.

97.965 Persons authorized to make anatomical gift of body or body part of decedent.

An anatomical gift of a decedent’s body or body 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 following order:

(a) An agent of the decedent at the time of death who could have made an anatomical gift under ORS 97.955 (2)(b) immediately before the decedent’s death;
(b) The spouse of the decedent;
(c) An adult child of the decedent;
(d) A parent of the decedent;
(e) An adult sibling of the decedent;
(f) An adult grandchild of the decedent;
(g) A grandparent of the decedent;
(h) An adult who exhibited special care and concern for the decedent;
(i) A guardian of the decedent at the time of death; or
(j) Any other person having the authority to dispose of the decedent’s body.

If there is more than one member of a class listed in subsection (1) 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 which the gift may pass under ORS 97.969 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.

A person may not make an anatomical gift if, at the time of the decedent’s death, a person in a prior class under subsection (1) of this section is reasonably available to make or to object to the making of an anatomical gift.

97.967 Methods for making, amending or revoking anatomical gift of body or body part of decedent by authorized person.

A person authorized to make an anatomical gift under ORS 97.965 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.

An anatomical gift by a person authorized under ORS 97.965 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 ORS 97.965 may be:
(a) Amended only if a majority of the reasonably available members agree to amendment of the gift; or
(b) Revoked only if a majority of the reasonably available members agree to the revocation of the gift or if they are equally divided as to whether to revoke the gift.

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

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Inside Oregon Anatomical Gift Act Law