(a) Subject to subsections (b) and (c) and unless barred by subsection (d), an anatomical gift of a decedent‘s body or body part for purposes of transplantation, therapy, research, or education may be made, in the order of priority listed, by any member of the following classes of persons who is reasonably available:

Terms Used In Hawaii Revised Statutes 327-9

  • Agent: means an individual:

    (1) Authorized to make health care decisions on the principal's behalf by a power of attorney for health care; or

    (2) Expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal. See Hawaii Revised Statutes 327-2

  • 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
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • 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
  • 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
(1) An agent of the decedent at the time of death who could have made an anatomical gift under section donor‘s death” class=”unlinked-ref” datatype=”S” sessionyear=”2019″ statecd=”HI”>327-4(2) immediately before the decedent’s death;
(2) The spouse or reciprocal beneficiary of the decedent;
(3) Adult children of the decedent;
(4) Parents of the decedent;
(5) Adult siblings of the decedent;
(6) Adult grandchildren of the decedent;
(7) Grandparents of the decedent;
(8) An adult who exhibited special care and concern for the decedent;
(9) The persons who were acting as the guardian of the person of the decedent at the time of death; and
(10) Any other person having the authority to dispose of the decedent’s body.
(b) If there is more than one member of a class listed in subsection (a)(l), (3), (4), (5), (6), (7), or (9) entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift can pass under section 327-11 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.
(c) No person may make an anatomical gift if, at the time of the decedent’s death, a person in a prior class under subsection (a) is reasonably available to make or to object to the making of an anatomical gift.
(d) An anatomical gift may not be made if doing so is barred by § 327-7 or amendment, or revocation” class=”unlinked-ref” datatype=”S” sessionyear=”2019″ statecd=”HI”>327-8.

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