Section 194.220

Title XII PUBLIC HEALTH AND WELFARE

Chapter 194

Effective - 28 Aug 2008, 3 histories   

  194.220.  Registry to be established — gift may be made by whom. — 1.  (1)  The department of health and senior services shall establish or contract for the establishment of a first person consent organ and tissue donor registry.

  (2)  The department of health and senior services and the department of revenue shall advise the individual that he or she is under no obligation to have his or her name included in the first person consent organ and tissue donor registry.

  (3)  An individual who agrees to have his or her name in the first person consent organ and tissue donor registry has given full legal consent to the donation of any of his or her organs or tissues upon his or her death as recorded in the registry or as subject in subsection 2 of this section.

  (4)  An individual may withdraw his or her consent to be listed in the first person consent organ and tissue donor registry as indicated in this section.  The department of health and senior services and the department of revenue shall provide information to an individual advising them that withdrawal of his or her consent to be listed in the registry does not constitute a refusal to make an anatomical gift of the individual's body or part, and that his or her agent or any person listed in section 194.245 having priority to make an anatomical gift on behalf of the individual may make a gift of the individual's body or part.

  (5)  The department of health and senior services and the department of revenue shall provide information advising the individual that if he or she wants to bar other persons from making an anatomical gift of his or her body or part, the individual must execute a refusal under section 194.235.

  2.  Subject to section 194.240, an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in section 194.225 by:

  (1)  The donor, if the donor is an adult or if the donor is a minor and is:

  (a)  Emancipated; or

  (b)  Authorized under state law to apply for a driver's license;

  (2)  An agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift;

  (3)  A parent of the donor, if the donor is an unemancipated minor; or

  (4)  The donor's guardian.

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(L. 1969 S.B. 43 § 2, A.L. 1989 H.B. 145, A.L. 1996 H.B. 811, A.L. 2002 S.B. 1026 § 194.220 merged with § 1, A.L. 2003 S.B. 351 merged with S.B. 355, A.L. 2008 S.B. 1139)