Kentucky Statutes 311.1943 – Immunity for persons acting in accordance with KRS 311.1911 to 311.1959, anatomical gift laws of another state, or in good faith
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(1) A person that acts in accordance with KRS § 311.1911 to KRS § 311.1959 or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution, or administrative proceeding.
(2) 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.
(3) In determining whether an anatomical gift has been made, amended, or revoked under KRS § 311.1911 to KRS § 311.1959, a person may rely upon representations of an individual listed in KRS § 311.1925(1)(b), (c), (d), (e), (f), (g), (h), or (i) relating to the individual’s relationship to the donor or prospective donor unless the person knows that the representation is untrue.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 52, sec. 4, effective June 29, 2023. — Created
2010 Ky. Acts ch. 161, sec. 17, effective July 15, 2010.
(2) 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.
Terms Used In Kentucky Statutes 311.1943
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- 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.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(3) In determining whether an anatomical gift has been made, amended, or revoked under KRS § 311.1911 to KRS § 311.1959, a person may rely upon representations of an individual listed in KRS § 311.1925(1)(b), (c), (d), (e), (f), (g), (h), or (i) relating to the individual’s relationship to the donor or prospective donor unless the person knows that the representation is untrue.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 52, sec. 4, effective June 29, 2023. — Created
2010 Ky. Acts ch. 161, sec. 17, effective July 15, 2010.