1. An individual who has created a document of gift may only amend or revoke his or her gift by:

Terms Used In N.Y. Public Health Law 4305

  • 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.
  • Disinterested witness: means a witness other than the spouse, domestic partner, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift, or a close friend, or another adult who is related to the decedent by blood, marriage, or adoption. See N.Y. Public Health Law 4300
  • document of gift: includes a statement on a driver's license, identification card, enrollment in a donor registry, or any other anatomical gift document valid pursuant to the laws of this or any other state or of any document of gift valid pursuant to the laws of any other country appearing on a list of countries maintained by the commissioner for such purpose and published on the department's website. See N.Y. Public Health Law 4300
  • Donor: The person who makes a gift.
  • Donor: means an individual whose body or part is the subject of an anatomical gift. See N.Y. Public Health Law 4300
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • gift: means a donation of a whole body or part of a human body, to take effect after the donor's death, for the purpose of transplantation, therapy, research or education. See N.Y. Public Health Law 4300
  • Hospital: means a hospital licensed, accredited, or approved under the laws of any state and includes a hospital operated by the United States Government, a state, or a subdivision thereof, although not required to be licensed under state laws. See N.Y. Public Health Law 4300
  • part: includes "parts". See N.Y. Public Health Law 4300
  • Probate: Proving a will
  • 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 N.Y. Public Health Law 4300
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See N.Y. Public Health Law 4300
  • Refusal: means a record created under section forty-three hundred five of this article that expressly states an intent to bar other persons from making an anatomical gift. See N.Y. Public Health Law 4300

(a) a record signed, subsequently to the creation of the document of gift by:

(i) such individual;

(ii) another person authorized to make the anatomical gift on behalf of such individual; or

(iii) another person acting at the direction of such individual or other person authorized to make the anatomical gift if such individual is unable to sign; or

(b) an oral statement of revocation, subsequent to the creation of the gift, made by such individual in the presence of two persons, at least one of whom is a disinterested witness; or

(c) a later-executed document of gift made by such individual that amends or revokes a previous anatomical gift or portion of an anatomical gift either expressly or by inconsistency; or

(d) a statement during a terminal illness or injury addressed to an attending physician and communicated to the donee made by such individual; or

(e) a signed card or document, found on such individual’s person or in such individual’s effects; or

(f) such individual’s will, created subsequently to the creation of the document of gift, whether or not the will is admitted to probate or invalidated after such individual’s death.

2. (a) Subject to paragraphs (b) and (c) of this subdivision, a person authorized to make an anatomical gift on behalf of another individual pursuant to subdivision two of section forty-three hundred one of this article may revoke or amend such gift by:

(i) a record signed by that individual; or

(ii) an oral statement of revocation, subsequent to the creation of the document of gift, made by that individual in the presence of two persons, at least one of whom is a disinterested witness; or

(iii) a later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift made by that individual, either expressly or by inconsistency.

(b) If more than one member of a class listed in subparagraph (iv), (vi), (vii), or (viii) of paragraph (a) of subdivision two of section forty-three hundred one of this article is reasonably available, a gift made pursuant to subdivision two of section forty-three hundred one of this article shall be amended or revoked only if a majority of the reasonably available members agree.

(c) An amendment or revocation is effective only if, before an incision has been made to remove a part from the donor‘s body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation.

3. Any document of gift may be revoked in the manner set out in subdivision one or two of this section or by destruction, cancellation, or mutilation of the document and all executed copies thereof.

4. Any gift made by a will may be revoked or amended in the manner provided for revocation or amendment of wills or as provided in subdivision one of this section.

5. In the absence of contrary indications by the donor, a revocation or amendment of an anatomical gift is not a refusal to make another anatomical gift not otherwise prohibited by the revocation or amendment, either by the prospective donor or another person specified in subdivision two of section forty-three hundred one of this article.