(a) A person authorized to make an anatomical gift under section anatomical gift of decedent‘s body or body part” class=”unlinked-ref” datatype=”S” sessionyear=”2019″ statecd=”HI”>327-9 may make an anatomical gift by a document of gift signed by the person making the gift or 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.

Terms Used In Hawaii Revised Statutes 327-10

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Anatomical gift: means a donation of all or part of a human body to take effect after the donor's death for the purposes of transplantation, therapy, research, or education. See Hawaii Revised Statutes 327-2
  • Body part: means an eye or other organ, or tissue of a human being. See Hawaii Revised Statutes 327-2
  • Decedent: A deceased person.
  • Decedent: means a deceased individual whose body or body part is or may be the source of an anatomical gift. See Hawaii Revised Statutes 327-2
  • Document of gift: means a donor card or other record used to make an anatomical gift. See Hawaii Revised Statutes 327-2
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Hospital: means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state. See Hawaii Revised Statutes 327-2
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Hawaii Revised Statutes 327-2
  • Physician: means an individual authorized to practice medicine or osteopathy under the law of any state. See Hawaii Revised Statutes 327-2
  • Procurement organization: means an eye bank, organ procurement organization, or tissue bank. See Hawaii Revised Statutes 327-2
  • 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. See Hawaii Revised Statutes 327-2
  • Recipient: means an individual into whose body a decedent's body part has been or is intended to be transplanted. See Hawaii Revised Statutes 327-2
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Hawaii Revised Statutes 327-2
  • Technician: means an individual determined to be qualified to remove or process body parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law. See Hawaii Revised Statutes 327-2
(b) Subject to subsection (c), an anatomical gift by a person authorized under section decedent‘s body or body part” class=”unlinked-ref” datatype=”S” sessionyear=”2019″ statecd=”HI”>327-9 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available; provided that any response other than an express, contrary indication regarding the decedent’s anatomical gift shall prohibit amendment or revocation of an anatomical gift of the decedent’s body or body parts. If more than one member of the prior class is reasonably available, the gift made by a person authorized under section 327-9 may be amended or revoked only if a majority of the reasonably available members of that class agree to the amending or revoking of the gift; provided that any response other than an express, contrary indication by the majority of the reasonably available members of that class regarding the decedent’s anatomical gift shall prohibit amendment or revocation of an anatomical gift of the decedent’s body or body parts.
(c) A revocation under subsection (b) is effective only if the procurement organization or transplant hospital or the physician or technician knows of the revocation before an incision has been made to remove a body part from the donor, or before invasive procedures have begun to prepare the recipient.

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