(a) Except as otherwise provided in subsection (g), in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor’s body or body part if the donor made an anatomical gift of the donor’s body or body part under section 327-5, or an amendment to an anatomical gift of the donor’s body or the body part under section 327-6.
Terms Used In Hawaii Revised Statutes 327-8
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
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
Donor: The person who makes a gift.
Donor: means an individual whose body or body part is the subject of 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.
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
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
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
(b) A donor’s revocation of an anatomical gift of the donor’s body or a body part under section 327-6 is not a refusal and shall not bar another person specified in section 327-4 or decedent‘s body or body part” class=”unlinked-ref” datatype=”S” sessionyear=”2019″ statecd=”HI”>327-9 from making an anatomical gift of the donor’s body or a body part under section 327-5 or decedent‘s body or body part” class=”unlinked-ref” datatype=”S” sessionyear=”2019″ statecd=”HI”>327-10.(c) If a person other than the donor makes an unrevoked anatomical gift of the donor’s body or a body part under section 327-5, or an amendment to an anatomical gift of the donor’s body or a body part under section 327-6, another person may not make, amend, or revoke the gift of the donor’s body or body part under section 327-10.(d) A revocation of an anatomical gift of the donor’s body or a body part under section 327-6 by a person other than the donor shall not bar another person from making an anatomical gift of the body or a body part under section 327-5 or 327-10.(e) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under section 327-4, 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 another person.(f) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under section 327-4, an anatomical gift of a body part for one or more of the purposes set forth in section 327-4 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 any other person under section 327-5 or 327-10.(g) If a donor who is an unemancipated minor dies under eighteen years of age, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor’s body or body part.(h) If an unemancipated minor who signed a refusal dies under eighteen years of age, a parent of the individual who is reasonably available may revoke the individual’s refusal.
