157.06(2)(c)

(c) “Decedent” means a deceased individual.

157.06(2m)(c)

(c) The record includes a statement that it was signed and witnessed at the request of the individual who is physically unable to sign.

157.06(5)(a)5.

5. Authorizing a person to include in a donor registry a statement or symbol that indicates that the donor has made an anatomical gift.

157.06(9)(a)6.

6. The adult grandchildren of the individual.

157.06(9)(a)10.

10. Any other persons who have authority to dispose of the individual’s body.

157.06(10)(c)

(c)

157.06(11)(b)

(b)

157.06(19)(a)2.

2. The laws of the state or country where it was made.

157.06(22m)(am)4.a.

a. In the case of eyes, the removal may be by a physician or by an enucleator.

157.06(25m)(c)

(c) If a person makes an anatomical gift in the manner provided in sub. (10) (a) 2. or 3., the individual receiving the oral communication shall read aloud to the person the sentences required under par. (a). If the anatomical gift is made in the manner provided in sub. (10) (a) 3., the individual who reduces the anatomical gift to a record shall note on the record that the person making the anatomical gift has been read the sentences required under par. (a) and note any limitations that the person making the anatomical gift imposes on the use of any bones or tissues that are the subject of the anatomical gift or any limitations on the types of organizations that recover, process, or distribute such bones or tissues.

157.06(2m)(b)

(b) The witnesses sign the record at the request of the individual who is physically unable to sign.

157.06(2)(d)

(d) “Disinterested witness” means a witness who is not any of the following:

157.06(2)(e)

(e) “Donor” means an individual whose body or part is the subject of an anatomical gift.

157.06(2)(f)

(f) “Donor registry” means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts.

157.06(4)(a)

(a) The donor, if he or she is at least 15 and one-half years of age or is an emancipated minor.

157.06(4)(c)

(c) A parent of the donor, if the donor is an unemancipated minor and does not object to the making of the anatomical gift.

157.06(5)

(5) Manner of making an anatomical gift before donor’s death.

157.06

157.06 Anatomical gifts.

157.06(2)

(2) Definitions. In this section:

157.06(5)(a)2.

2. Including an anatomical gift in his or her will.

157.06(6)

(6) Amending or revoking anatomical gift before donor’s death.

157.06(9)(a)7.

7. The grandparents of the individual.

157.06(9)(a)8.

8. Adults who exhibited special care and concern, except as a compensated health care provider, for the individual.

157.06(2)(a)

(a) “Agent” means a health care agent, as defined in § 155.01 (4), or an individual who is expressly authorized in a record that is signed by a principal to make an anatomical gift of the principal’s body or part.

157.06(2)(b)

(b) “Anatomical gift” means a donation of all or part of a human body to take effect after the donor’s death, as determined in accordance with § 146.71, for the purpose of transplantation, therapy, research, or education.

157.06(2)(d)1.

1. The spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift.

157.06(2)(d)2.

2. A person who exhibits special care and concern, except as a compensated health care provider, for the individual who makes, amends, revokes, or refuses to make an anatomical gift.

157.06(2)(d)3.

3. Any other person to whom the anatomical gift could pass under sub. (11).

157.06(2)(g)

(g) “Driver’s license” means a license or permit to operate a vehicle, whether or not conditions are attached to the license or permit, that is issued by the department of transportation under ch. 343.

157.06(11)(a)4.

4. An organ procurement organization, as custodian of a part for transplant or therapy.

157.06(23m)

(23m) Authorization by coroner or medical examiner; potential donations of organs and tissue.

157.06(2)(h)

(h) “Eye bank” means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes.

157.06(2)(i)

(i) “Guardian” means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual, and does not include a guardian ad litem.

157.06(2)(j)

(j) “Hospital” means a facility approved as a hospital under § 50.35 or a facility operated as a hospital by the federal government, a state, or a political subdivision of a state.

157.06(2)(k)

(k) “Identification card” means an identification card issued by the department of transportation under § 343.50.

157.06(2)(L)

(L) “Organ procurement organization” means a person designated by the Secretary of the U.S. Department of Health and Human Services as an organ procurement organization.

157.06(2)(m)

(m) “Parent” has the meaning given under § 48.02 (13).

157.06(2)(n)

(n) “Part” means a vascularized organ, eye, or tissue of a human being. “Part” does not mean a whole human body.

157.06(2)(o)

(o) “Physician” means an individual authorized to practice medicine or osteopathy under the laws of any state.

157.06(2)(p)

(p) “Procurement organization” means an eye bank, organ procurement organization, or tissue bank.

157.06(2)(q)

(q) “Prospective donor” means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. An individual who has refused to make an anatomical gift as provided under sub. (7) is not a prospective donor.

157.06(2)(r)

(r) “Reasonably available” means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift.

157.06(2)(s)

(s) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form.

157.06(2)(t)

(t) “Record of gift” means a donor card or other record used to make an anatomical gift, including a statement or symbol on a driver’s license or identification card or in a donor registry.

157.06(2)(v)

(v) “Sign” means to do any of the following with present intent to authenticate or adopt a record:

157.06(2)(v)1.

1. Execute or adopt a signature or tangible symbol.

157.06(2)(v)2.

2. Attach to or logically associate with the record an electronic symbol, sound, or process.

157.06(2m)(a)

(a) The signature of the other individual is witnessed by at least two adults, at least one of whom is a disinterested witness.

157.06(2)(u)

(u) “Record of refusal” means a record created under sub. (7) that expressly states an intent to bar other persons from making an anatomical gift of an individual’s body or part.

157.06(2)(w)

(w) “Technician” means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law and includes an enucleator.

157.06(2)(x)

(x) “Tissue” means a portion of the human body other than a vascularized organ or eye and does not include blood unless the blood is donated for the purpose of research or education.

157.06(2)(y)

(y) “Tissue bank” means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue.

157.06(2)(z)

(z) “Transplant hospital” means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients.

157.06(2)(zm)

(zm) “Vascularized organ” means a heart, lung, liver, pancreas, kidney, intestine, or other organ that requires the continuous circulation of blood to remain useful for purposes of transplantation.

157.06(2m)

(2m) Signing for a person who is physically unable. If an individual who is physically unable to sign a record under sub. (5) (a) 4. or (b) 1., (6) (a) 1., (b) 1., (c) 1., or (d) 1., or (7) (a) 1. or (b) 1. directs another to sign the record on his or her behalf, the signature of the other individual authenticates the record as long as all of the following conditions are satisfied:

157.06(4)

(4) Who may make an anatomical gift before donor’s death. Except as provided in subs. (7) and (8), any of the following may during the life of a donor make an anatomical gift of the donor’s body or part in the manner provided in sub. (5):

157.06(9)(a)5.

5. The adult siblings of the individual.

157.06(10)

(10) Manner of making, amending, or revoking an anatomical gift near or upon donor’s death.

157.06(4)(b)

(b) An agent of the donor, unless the donor’s power of attorney for health care instrument under ch. 155 or some other record prohibits the agent from making an anatomical gift.

157.06(4)(d)

(d) A guardian of the donor unless a health care agent under ch. 155 has authority to make an anatomical gift of the donor’s body or part.

157.06(5)(a)

(a) A donor under sub. (a) may make an anatomical gift by doing any of the following:

157.06(5)(a)1.

1. Affixing to, or authorizing a person to imprint on, the donor’s driver’s license or identification card a statement or symbol that indicates that the donor has made an anatomical gift.

157.06(5)(a)3.

3. If the donor has a terminal illness or injury, communicating the anatomical gift by any means to at least two adults, at least one of whom is a disinterested witness.

157.06(5)(a)4.

4. Signing a donor card or other record that includes an anatomical gift or, if physically unable to sign a record, by directing another individual to sign the record as provided in sub. (2m).

157.06(5)(b)

(b) A person under sub. (b) to (d) may make an anatomical gift of a donor’s body or part during the donor’s life by doing any of the following:

157.06(5)(b)1.

1. Signing a donor card or other record that includes an anatomical gift or, if physically unable to sign a record, by directing another to sign the record as provided in sub. (2m).

157.06(5)(b)2.

2. Authorizing another to include in a donor registry a statement or symbol that indicates that the person has made an anatomical gift of the donor’s body or part.

157.06(5)(c)

(c) The revocation, suspension, expiration, or cancellation of a driver’s license or identification card on which an anatomical gift has been made does not invalidate the anatomical gift.

157.06(5)(d)

(d) 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 anatomical gift.

157.06(9)(a)9.

9. Persons who were guardians of the individual near or at the time of the individual’s death.

157.06(11)

(11) Persons that may receive anatomical gifts; purpose of gifts.

157.06(11)(a)

(a) An anatomical gift may be made to any of the following persons:

157.06(11)(a)3.

3. An eye bank or tissue bank.

157.06(6)(a)

(a) Subject to sub. (8), a donor may amend an anatomical gift of his or her body or part by doing any of the following:

157.06(6)(a)1.

1. Signing a record that amends the anatomical gift or, if physically unable to sign, directing another to sign the record as provided in sub. (2m).

157.06(6)(a)2.

2. Subsequently executing a record of gift that amends a previously executed anatomical gift or a portion of a previously executed anatomical gift either expressly or by inconsistency.

157.06(6)(a)3.

3. If the anatomical gift was not made in a will and the donor has a terminal illness or injury, communicating in any manner an amendment of the anatomical gift to at least two adults, at least one of whom is a disinterested witness.

157.06(6)(a)4.

4. If the anatomical gift was made in a will, amending the will.

157.06(6)(b)

(b) Subject to sub. (8), a donor may revoke an anatomical gift of his or her body or part by doing any of the following:

157.06(6)(b)1.

1. Signing a record that revokes the anatomical gift or, if physically unable to sign, directing another to sign the record as provided in sub. (2m).

157.06(6)(b)2.

2. Subsequently executing a record of gift that revokes a previously executed anatomical gift or a portion of a previously executed anatomical gift either expressly or by inconsistency.

157.06(6)(b)3.

3. If the anatomical gift was not made in a will and if the donor has a terminal illness or injury, communicating in any manner the revocation of the anatomical gift to at least two adults, at least one of whom is a disinterested witness.

157.06(6)(b)4.

4. If the anatomical gift was made in a will, amending or revoking the will.

157.06(6)(b)5.

5. If the anatomical gift was made in a record of gift, destroying or cancelling the record of gift, or the portion of the record of gift used to make the anatomical gift, with intent to revoke the anatomical gift.

157.06(6)(c)

(c) Subject to sub. (8), a person who is authorized to make an anatomical gift under sub. (b) to (d) may amend an anatomical gift of a donor’s body or part before the donor’s death by doing any of the following:

157.06(7)

(7) Refusal to make an anatomical gift; effect of refusal.

157.06(7)(a)

(a) An individual may refuse to make an anatomical gift of the individual’s body or part by doing any of the following:

157.06(8)

(8) Preclusive effect of anatomical gift, amendment, or revocation.

157.06(6)(c)1.

1. Signing a record that amends the anatomical gift or, if physically unable to sign, directing another to sign the record as provided in sub. (2m).

157.06(6)(c)2.

2. Subsequently executing a record of gift that amends a previously executed anatomical gift or a portion of a previously executed anatomical gift either expressly or by inconsistency.

157.06(6)(d)

(d) Subject to sub. (8), a person who is authorized to make an anatomical gift under sub. (b) to (d) may revoke an anatomical gift of a donor’s body or part before the donor’s death by doing any of the following:

157.06(6)(d)1.

1. Signing a record that revokes the anatomical gift or, if physically unable to sign, directing another to sign the record as provided in sub. (2m).

157.06(6)(d)2.

2. Subsequently executing a record of gift that revokes a previously executed anatomical gift or a portion of a previously executed anatomical gift either expressly or by inconsistency.

157.06(6)(d)3.

3. If the anatomical gift was made in a record of gift, destroying or cancelling the record of gift, or the portion of the record of gift used to make the anatomical gift, with intent to revoke the anatomical gift.

157.06(7)(a)1.

1. Signing a record refusing to make an anatomical gift or, if physically unable to sign, directing another to sign the record as provided in sub. (2m).

157.06(7)(a)2.

2. Including a refusal to make an anatomical gift in the individual’s will, whether or not the will is admitted to probate or invalidated after the individual’s death.

157.06(7)(a)3.

3. If the individual has a terminal illness or injury, communicating in any manner a refusal to make an anatomical gift to at least two adults, at least one of whom is a disinterested witness.

157.06(7)(b)

(b) An individual who has made a refusal to make an anatomical gift under this subsection may amend or revoke the refusal to make an anatomical gift by doing any of the following:

157.06(7)(b)1.

1. Signing a record amending or revoking the refusal to make an anatomical gift or, if physically unable to sign, directing another to sign the record as provided in sub. (2m).

157.06(19)(b)

(b) If an anatomical gift is valid under this subsection, the law of this state governs the interpretation of the anatomical gift.

157.06(22m)

(22m) Authorization by coroner or medical examiner; no evidence of anatomical gift.

157.06(22m)(am)1.

1. The official has received a request for the part from a hospital, physician, or organ procurement organization.

157.06(7)(b)2.

2. If the refusal to make an anatomical gift was made in the individual’s will, amending or revoking the will, whether or not the will is admitted to probate or invalidated after the individual’s death.

157.06(7)(b)3.

3. If the individual has a terminal illness or injury, communicating in any manner an amendment to or revocation of the refusal to make an anatomical gift to at least two adults, at least one of whom is a disinterested witness.

157.06(7)(b)4.

4. Subsequently making an anatomical gift as provided under sub. (a) that is inconsistent with the refusal to make an anatomical gift.

157.06(7)(b)5.

5. If the refusal to make an anatomical gift was made in a record of refusal, destroying or canceling the record of refusal, or the portion of the record of refusal, that evidenced the refusal to make an anatomical gift, with intent to revoke the refusal to make an anatomical gift.

157.06(7)(c)

(c) Except as provided in sub. (h), in the absence of an express, contrary indication by an individual set forth in a refusal to make an anatomical gift under this subsection, the individual’s unrevoked refusal to make an anatomical gift under this subsection of his or her body or part bars all other persons from making an anatomical gift of the individual’s body or part.

157.06(8)(a)

(a) Except as provided in para. (g) and subject to para. (f), in the absence of an express, contrary indication by the donor, a person other than the donor may not make, amend, or revoke an anatomical gift of the donor’s body or part if the donor has made an unrevoked anatomical gift of his or her body or that part under sub. (a) or an amendment to an anatomical gift of the donor’s body or that part under sub. (a).

157.06(8)(h)

(h) If an unemancipated minor who has made a refusal to make an anatomical gift under sub. (7) dies, a reasonably available parent of the minor may revoke the minor’s refusal to make an anatomical gift.

157.06(9)(a)1.

1. A person who is the individual’s agent near or at the time of the individual’s death and has authority under sub. (b) to make an anatomical gift of the decedent’s body or part.

157.06(9)(a)2.

2. The spouse or domestic partner under ch. 770 of the individual.

157.06(11)(c)2.

2. If the purpose of the anatomical gift is research or education, the part passes to the appropriate procurement organization.

157.06(11)(f)1.

1. If the part is an eye, the part passes to the appropriate eye bank.

157.06(11)(f)2.

2. If the part is tissue, the part passes to the appropriate tissue bank.

157.06(8)(b)

(b) A donor’s revocation of an anatomical gift of the donor’s body or part under sub. (b) is not a refusal to make an anatomical gift and does not bar another person authorized to make an anatomical gift under sub. (4) from making an anatomical gift of the donor’s body or part under sub. (5) and does not bar a person who is authorized to make an anatomical gift under sub. (9) from making an anatomical gift under sub. (10).

157.06(8)(c)

(c) If a person other than the donor makes an unrevoked anatomical gift of the donor’s body or part under sub. (b) or an amendment to an anatomical gift of the donor’s body or part under sub. (c), another person may not amend or revoke the anatomical gift under sub. (10) or otherwise make an anatomical gift of the body or part under sub. (10).

157.06(8)(d)

(d) If a person other than the donor revokes an anatomical gift of the donor’s body or part under sub. (d), the revocation does not bar another person from making an anatomical gift of the donor’s body or part under sub. (5) or (10).

157.06(8)(e)

(e) An anatomical gift of a part of a donor’s body that is made under sub. (5) or in an amendment under sub. (6), absent an express, contrary indication by the donor or other person who made the anatomical gift, is not a refusal by the donor to make an anatomical gift of another part of the donor’s body or a limitation on a later anatomical gift of another part of the donor’s body.

157.06(8)(g)

(g) 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.

157.06(9)

(9) Who may make an anatomical gift near or upon the donor’s death.

157.06(9)(a)3.

3. The adult children of the individual.

157.06(9)(a)4.

4. The parents of the individual.

157.06(8)(f)

(f) An anatomical gift of a part that is made under sub. (5) or in an amendment under sub. (6) for a specified purpose for which an anatomical gift may be made, absent an express, contrary indication by the person who made the anatomical gift, does not limit a person from making an anatomical gift of the part under sub. (5), (6), or (10) for any of the other purposes for which an anatomical gift may be made.

157.06(9)(a)

(a) Except as provided in subs. (7) and (8) and subject to pars. (b) and (c), any member of the following classes of persons, in the order of priority listed, who is reasonably available may, in the manner provided in sub. (10), make an anatomical gift of the body or part of an individual who is near death or has died:

157.06(10)(b)

(b) A member of a class of persons that has higher priority to make an anatomical gift under sub. (9) than the person who made an anatomical gift under para. (a) and who is reasonably available may amend the anatomical gift in the manner provided in para. (d), except that if more than one member of the class with higher priority is reasonably available, the agreement of a majority of the reasonably available members is required to amend the anatomical gift.

157.06(11)(c)

(c) If an anatomical gift of one or more parts does not name a person under (a) 1. to 4. as the person to whom the anatomical gift is made, but identifies the purpose of the anatomical gift, all of the following apply:

157.06(11)(c)1.

1. If the purpose of the anatomical gift is transplantation or therapy, the part passes as provided in para. (f).

157.06(9)(b)

(b) If the members of a class of persons under par. (a) 1., 3., 4., 5., 6., 7., or 9. have priority to make an anatomical gift of an individual’s body or part under para. (a) and the class consists of more than one member, any member of the class may make an anatomical gift unless that member or the person to whom the anatomical gift will pass under sub. (11) has actual knowledge of an objection by another member of the class, in which case the anatomical gift may be made only by a majority of members of the class who are reasonably available.

157.06(9)(c)

(c) A person may not make an anatomical gift of an individual’s body or part under this subsection if a person who is a member of a class with higher priority under para. (a) is reasonably available.

157.06(10)(a)

(a) A person authorized under sub. (9) to make an anatomical gift of an individual’s body or part may do so by doing any of the following:

157.06(10)(a)1.

1. Signing a record of gift.

157.06(10)(a)2.

2. Subject to sub. (25m) (c), making an oral communication of an anatomical gift that is electronically recorded.

157.06(10)(a)3.

3. Subject to sub. (25m) (c), making an oral communication of an anatomical gift that is contemporaneously reduced to a record and that is signed by the individual receiving the oral communication.

157.06(22m)(am)4.b.

b. In the case of tissue or bone, the removal may be by a physician or by a technician.

157.06(22m)(am)5.

5. The removal will not interfere with any autopsy or investigation.

157.06(22m)(am)6.

6. The removal will be in accordance with accepted medical standards.

157.06(22m)(am)7.

7. Cosmetic restoration will be done to the decedent’s body, if appropriate.

157.06(10)(c)1.

1. Subject to subd. 2., a member of a class of persons that has higher priority to make an anatomical gift under sub. (9) than the person who made an anatomical gift under para. (a) may revoke the anatomical gift in the manner provided in para. (d), except that if more than one member of the class with higher priority is reasonably available, the agreement of at least one-half of the reasonably available members is required to revoke the anatomical gift.

157.06(10)(c)2.

2. A revocation of an anatomical gift under subd. 1. is effective only if before an incision is made to remove a part from the donor’s body or before invasive procedures have been begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician has actual knowledge of the revocation.

157.06(10)(d)

(d) A person who is authorized to amend or revoke an anatomical gift under para. (b) or (c) may do so orally or by including the amendment or revocation in a record.

157.06(11)(a)1.

1. For the purpose of research or education, a hospital, accredited medical school, dental school, college, university, organ procurement organization, or other appropriate person.

157.06(11)(a)2.

2. Subject to par. (b) 1., an individual designated by the person making the anatomical gift into which individual’s body a part is intended to be transplanted.

157.06(11)(b)1.

1. If a part that is the subject of an anatomical gift made to an individual under par. (a) 2. cannot be transplanted into the individual, the part passes as provided in para. (f) absent an express, contrary indication by the person making the anatomical gift.

157.06(11)(b)2.

2. If tissue that is the subject of an anatomical gift made to an organ procurement organization is unsuitable for transplantation or therapy, the organ procurement organization may give the tissue to an appropriate person for research or education if authorized to do so by the person who made the anatomical gift.

157.06(11)(c)3.

3. If an anatomical gift is for more than one purpose, but the purposes are not set forth in any priority, the part shall be used for transplantation or therapy, if suitable, and if the part cannot be used for transplantation or therapy, may be used for research or education.

157.06(11)(d)

(d) If an anatomical gift of one or more parts does not name a person under par. (a) 1. to 4. as the person to whom the anatomical gift is made and does not identify the purpose of the anatomical gift, the parts may be used only for transplantation or therapy, and the parts pass as provided in para. (f).

157.06(11)(e)

(e) If an anatomical gift specifies only a general intent to make an anatomical gift by words such as “donor,” “organ donor,” or “body donor,” or by a symbol or statement of similar meaning, the anatomical gift may be used only for the purpose of transplantation or therapy, and the parts pass as provided in para. (f).

157.06(11)(f)

(f) If par. (b) 1., (c) 1., (d), or (e) applies, all of the following apply:

157.06(11)(f)3.

3. If the part is an organ, the part passes to the appropriate organ procurement organization as custodian of the organ.

157.06(11)(g)

(g) If a body or part that is the subject of an anatomical gift does not pass pursuant to pars. (a) to (e) or is not used for transplantation, therapy, research, or education, custody of the body or part passes to the person who is obligated to dispose of the body or part.

157.06(14)(a)

(a) A procurement organization shall do all of the following when a hospital refers an individual who is near death or who is deceased to the procurement organization:

157.06(14)(a)1.

1. If the individual is a prospective donor, make a reasonable search for any person under sub. (9) having priority to make an anatomical gift of the individual’s body or part.

157.06(11)(h)

(h) A person may not accept an anatomical gift of a decedent’s body or part if the person has actual knowledge that the anatomical gift was not made as provided in sub. (5), (6), or (10) or if the person has actual knowledge that the decedent made a refusal to make an anatomical gift under sub. (7) that was not revoked.

157.06(11)(i)

(i) Except as provided under par. (a) 2., nothing in this section affects the allocation of organs for transplantation or therapy.

157.06(12)

(12) Search and notification.

157.06(12)(a)

(a) If any of the following persons reasonably believes an individual to be dead or near death, the person shall make a reasonable search of the individual for a record of gift or a record of refusal or other information identifying the individual as a donor or as an individual who has refused to make an anatomical gift:

157.06(12)(a)1.

1. A law enforcement officer, fire fighter, emergency medical technician, first responder, or ambulance service provider.

157.06(12)(a)2.

2. If no other source of information is immediately available, a hospital, as soon as practical after the individual’s arrival at the hospital.

157.06(12)(b)

(b) If a record of gift or record of refusal is located by a search under par. (a) 1., and the individual or deceased individual to whom the record or gif