New Hampshire Revised Statutes 291-A:11 – Persons That May Receive an Anatomical Gift; Purpose of Anatomical Gift
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I. An anatomical gift may be made to the following persons named in the document of gift:
(a) A hospital; accredited medical school, dental school, college, or university; organ procurement organization; or other appropriate person, for research or education;
(b) Subject to paragraph II, an individual designated by the person making the anatomical gift if the individual is the recipient of the part; or
(c) An eye bank or tissue bank.
II. If an anatomical gift to an individual under subparagraph I(b) cannot be transplanted into the individual, the part passes in accordance with paragraph VII in the absence of an express, contrary indication by the person making the anatomical gift.
III. If an anatomical gift of one or more specific parts or of all parts is made in a document of gift that does not name a person described in paragraph I but identifies the purpose for which an anatomical gift may be used, the following rules apply:
(a) If the part is an eye and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate eye bank.
(b) If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank.
(c) If the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as custodian of the organ.
(d) If the part is an organ, an eye, or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate procurement organization.
IV. For the purpose of paragraph III, if there is more than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift must be used for transplantation or therapy, if suitable for those purposes. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education.
V. If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person described in paragraph I and does not identify the purpose of the gift, the gift passes in accordance with paragraph VII and the parts must be used for transplantation or therapy if suitable and if not suitable for those purposes, may be used for research or education.
VI. If a document of gift specifies only a general intent to make an anatomical gift by words such as “donor,” “organ donor,” or “body donor,” or by a symbol or statement of similar import, the gift passes in accordance with paragraph VII and the parts shall be used for transplantation or therapy if suitable and if not suitable for those purposes, may be used for research or education.
VII. For purposes of paragraphs II, III, and VI the following rules shall apply:
(a) If the part is an eye, the gift passes to the appropriate eye bank.
(b) If the part is tissue, the gift passes to the appropriate tissue bank.
(c) If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ.
VIII. An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under subparagraph I(b), passes to the organ procurement organization as custodian of the organ.
IX. If an anatomical gift does not pass pursuant to paragraphs I-VIII or the decedent‘s body or part is not used for transplantation, therapy, research, or education, custody of the body or part passes to the person under obligation to dispose of the body or part.
X. A person may not accept an anatomical gift if the person knows that the gift was not effectively made under N.H. Rev. Stat. § 291-A:5 or N.H. Rev. Stat. § 291-A:10 or if the person knows that the decedent made a refusal under N.H. Rev. Stat. § 291-A:7 that was not revoked. For purposes of the paragraph, if a person knows that an anatomical gift was made on a document of gift, the person is deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift.
XI. Except as otherwise provided in subparagraph I(b), nothing in this chapter shall affect the allocation of organs for transplantation or therapy.
(a) A hospital; accredited medical school, dental school, college, or university; organ procurement organization; or other appropriate person, for research or education;
Terms Used In New Hampshire Revised Statutes 291-A:11
- 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.
- Decedent: A deceased person.
- Donor: The person who makes a gift.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
(b) Subject to paragraph II, an individual designated by the person making the anatomical gift if the individual is the recipient of the part; or
(c) An eye bank or tissue bank.
II. If an anatomical gift to an individual under subparagraph I(b) cannot be transplanted into the individual, the part passes in accordance with paragraph VII in the absence of an express, contrary indication by the person making the anatomical gift.
III. If an anatomical gift of one or more specific parts or of all parts is made in a document of gift that does not name a person described in paragraph I but identifies the purpose for which an anatomical gift may be used, the following rules apply:
(a) If the part is an eye and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate eye bank.
(b) If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank.
(c) If the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as custodian of the organ.
(d) If the part is an organ, an eye, or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate procurement organization.
IV. For the purpose of paragraph III, if there is more than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift must be used for transplantation or therapy, if suitable for those purposes. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education.
V. If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person described in paragraph I and does not identify the purpose of the gift, the gift passes in accordance with paragraph VII and the parts must be used for transplantation or therapy if suitable and if not suitable for those purposes, may be used for research or education.
VI. If a document of gift specifies only a general intent to make an anatomical gift by words such as “donor,” “organ donor,” or “body donor,” or by a symbol or statement of similar import, the gift passes in accordance with paragraph VII and the parts shall be used for transplantation or therapy if suitable and if not suitable for those purposes, may be used for research or education.
VII. For purposes of paragraphs II, III, and VI the following rules shall apply:
(a) If the part is an eye, the gift passes to the appropriate eye bank.
(b) If the part is tissue, the gift passes to the appropriate tissue bank.
(c) If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ.
VIII. An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under subparagraph I(b), passes to the organ procurement organization as custodian of the organ.
IX. If an anatomical gift does not pass pursuant to paragraphs I-VIII or the decedent‘s body or part is not used for transplantation, therapy, research, or education, custody of the body or part passes to the person under obligation to dispose of the body or part.
X. A person may not accept an anatomical gift if the person knows that the gift was not effectively made under N.H. Rev. Stat. § 291-A:5 or N.H. Rev. Stat. § 291-A:10 or if the person knows that the decedent made a refusal under N.H. Rev. Stat. § 291-A:7 that was not revoked. For purposes of the paragraph, if a person knows that an anatomical gift was made on a document of gift, the person is deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift.
XI. Except as otherwise provided in subparagraph I(b), nothing in this chapter shall affect the allocation of organs for transplantation or therapy.