Sec. 17. (a) A person who acts in accordance with this chapter is not liable for the act in a civil action or administrative proceeding.

     (b) Neither the person making an anatomical gift nor the donor‘s estate is liable for any injury or damage that results from the making or use of the gift.

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Terms Used In Indiana Code 29-2-16.1-17

  • 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.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • 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.
     (c) In determining whether an anatomical gift has been made, amended, or revoked under this chapter, a person may rely upon representations of an individual listed in section 8(a)(2), 8(a)(3), 8(a)(4), 8(a)(5), 8(a)(7), 8(a)(8), or 8(a)(9) of this chapter relating to the individual’s relationship to the donor or prospective donor unless the person knows that the representation is untrue.

     (d) A health care provider is immune from civil liability for following a donor’s unrevoked anatomical gift directive under this chapter or IC 9-24-17.

     (e) A hospital or a recovery agency is immune from civil liability for determining in good faith and in compliance with this section that:

(1) an individual made a written anatomical gift; or

(2) an individual subsequently made a written revocation of an anatomical gift.

     (f) A person who, in good faith reliance upon a will, card, or other document of gift, and without actual notice of the amendment, revocation, or invalidity of the will, card, or document:

(1) takes possession of a decedent‘s body or performs or causes to be performed surgical operations upon a decedent’s body; or

(2) removes or causes to be removed organs, tissues, or other parts from a decedent’s body;

is not liable in damages in any civil action brought against the donor for that act.

As added by P.L.147-2007, SEC.12. Amended by P.L.26-2021, SEC.6.

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