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

(1)  An agent of the decedent at the time of death who could have made an anatomical gift pursuant to this chapter immediately before the decedent’s death;

(2)  The spouse of the decedent or the certified domestic partner of the decedent as defined in subsections 36-12-1(3) and 45-19-4.3(b) or any other provision of state law;

(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, who is familiar with the decedent’s personal values, and who had maintained regular contact with the decedent prior to his or her death; provided, however, it shall not include any medical personnel caring for the decedent at the time of or immediately leading up to the decedent’s death; and

(9)  The persons who were acting as the guardians of the person of the decedent at the time of death.

Terms Used In Rhode Island General Laws 23-18.6.1-9

  • Adult: means an individual who is at least eighteen (18) years of age. See Rhode Island General Laws 23-18.6.1-2
  • Agent: means an individual:

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

    (ii)  Expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal. See Rhode Island General Laws 23-18.6.1-2

  • Anatomical gift: means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education. See Rhode Island General Laws 23-18.6.1-2
  • Decedent: A deceased person.
  • Decedent: means a deceased individual whose body or part is or may be the source of an anatomical gift. See Rhode Island General Laws 23-18.6.1-2
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Part: means an organ, an eye, or tissue of a human being. See Rhode Island General Laws 23-18.6.1-2
  • 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 Rhode Island General Laws 23-18.6.1-2
  • 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 Rhode Island General Laws 23-18.6.1-2
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Rhode Island General Laws 23-18.6.1-2

(b)  If there is more than one member of a class listed in the previous subsection which is 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 may pass under the provisions of this chapter 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)  A person may not 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.

History of Section.
P.L. 2007, ch. 476, § 2.