(a) Except as provided by Alaska Stat. § 13.52.080 and 13.52.090, a person who acts under Alaska Stat. § 13.52.173 – 13.52.268 or with the applicable anatomical gift law of another state, or attempts in good faith to act under Alaska Stat. § 13.52.173 – 13.52.268 or with the applicable anatomical gift law of another state, is not liable for the act in a civil action, a criminal prosecution, or an administrative proceeding.
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Terms Used In Alaska Statutes 13.52.243

  • action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
  • anatomical gift: means a donation of all or a part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education. See Alaska Statutes 13.52.390
  • Donor: The person who makes a gift.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • person: means an individual, corporation, business trust, estate, trust, partnership, joint venture, association, government, governmental subdivision, governmental agency, or another legal or commercial entity. See Alaska Statutes 13.52.390
  • state: means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. See Alaska Statutes 13.52.390
(b) Except as provided by Alaska Stat. § 13.52.080 and 13.52.090, a person making an anatomical gift and the donor‘s estate are not liable for any injury or damage that results from the making or use of the gift.
(c) In determining whether an anatomical gift has been made, amended, or revoked under Alaska Stat. § 13.52.173 – 13.52.268, a person may rely on representations of an individual listed in Alaska Stat. § 13.52.197(a)(2) – (8) relating to the individual’s relationship to the donor or prospective donor unless the person knows that the representation is untrue.
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