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

Terms Used In Hawaii Revised Statutes 327-7

  • 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
  • Disinterested witness: means a witness other than the spouse, reciprocal beneficiary, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the individual. 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.
  • Probate: Proving a will
  • 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
  • Refusal: means a record created under § 327-7 that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or body part. See Hawaii Revised Statutes 327-2
  • Sign: means , with the present intent to authenticate or adopt a record:

    (1) To execute or adopt a tangible symbol; or

    (2) To attach or logically associate with the record an electronic symbol, sound, or process. See Hawaii Revised Statutes 327-2

  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Hawaii Revised Statutes 327-2
(1) A record signed by:

(A) The individual; or
(B) Subject to subsection (b), another individual acting at the direction of the individual if the individual is physically unable to sign;
(2) The individual’s will whether or not the will is admitted to probate or invalidated after the individual’s death; or
(3) Any form of communication made by the individual during the individual’s terminal illness or injury addressed to at least two other individuals who are at least eighteen years of age, one of whom is a disinterested witness.
(b) A record signed pursuant to subsection (a)(1)(B) shall:

(1) Be witnessed by at least two other individuals who are at least eighteen years of age, one of whom is a disinterested witness, who have signed at the request of the individual; and
(2) State that it has been signed and witnessed as provided in paragraph (1).
(c) An individual may amend or revoke a refusal:

(1) In the manner provided in subsection (a) for making a refusal;
(2) By subsequently making an anatomical gift pursuant to section donor‘s death” class=”unlinked-ref” datatype=”S” sessionyear=”2019″ statecd=”HI”>327-5 that is inconsistent with the refusal; or
(3) By the destruction or cancellation of the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.
(d) Except as otherwise provided in section amendment, or revocation” class=”unlinked-ref” datatype=”S” sessionyear=”2019″ statecd=”HI”>327-8(h), 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 a body part bars all other persons from making an anatomical gift of the individual’s body or the body part.

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