2006 Louisiana Laws - RS 17:2354 — Manner of executing anatomical gifts

§2354.  Manner of executing anatomical gifts

A.  A gift of all or part of the body under this Part may be made by will, in which case the gift becomes effective at the death of the testator without waiting for probate.  If the will is not probated, or if it is declared invalid for testamentary purposes, the gift, to the extent that it has been acted upon in good faith, is nevertheless valid and effective.

B.  A gift of all or part of the body under this Part may also be made by a document other than a will.  The document must be signed by the donor, in the presence of two witnesses who in turn shall sign the document in his presence.  If the donor cannot sign in person, the document may be signed for him at his direction and in his presence, and in the presence of two witnesses who shall sign the document in his presence.  Delivery of the document of gift during the donor's lifetime is not necessary to make the gift valid.  The gift becomes effective at the death of the donor.

C.  The document of gift may consist of a properly executed card carried on the donor's person or in his effects.  The document of gift also may be printed on the reverse side of an operator's or chauffeur's license as provided by R.S. 32:410.

D.  The gift may be made either to a named donee or without the naming of a donee.  If the latter, the gift may be accepted by and utilized under the direction of the attending physician at or following death.  If the gift is made to a named donee who is not reasonably available at the time and place of death, and the gift is evidenced by a properly executed card or other writing carried on the donor's person or in his effects, the attending physician at or following death, in reliance upon the card or writing, and in the absence of any expressed indication that the donor desired otherwise, may accept and utilize the gift as the agent of the donee for any purpose authorized in R.S. 17:2353.  The agent possesses and may exercise all of the rights and is entitled to all of the immunities of the donee under this Part.

E.  Except as provided in R.S. 17:2357(B), the donor may designate in his will or other document of gift the surgeon, physician or technician to implement the appropriate procedures.  In the absence of such designation, or if the designee is not reasonably available, the donee or other person authorized to accept the gift may employ or authorize any licensed surgeon, physician or technician to implement the appropriate procedures herein authorized.

F.  Any gift by a person designated in R.S. 17:2352(B) shall be by consent obtained pursuant to any of the following methods:

(1)  By a document signed by the person authorized, in the presence of two witnesses.

(2)  By indication on a driver's license, personal identification card, or other personal identification document issued by any federal, state, or local governmental authority, that the donor has identified himself as an anatomical donor.

(3)  Verbally, by telephone, by the person authorized, provided that the conversation is recorded and a record of such conversation is maintained.

(4)  Verbally, when expressed by the person authorized, when expressed or given before two witnesses.

(5)  Verbally, by telephone, by the person authorized, provided the conversation is witnessed.

(6)  Any other method provided by law.

G.  Except as provided in R.S. 17:2357(B), in the situation relative to a gift of one's eye or eyes, the donor may designate in his will or other document of gift the surgeon, physician or technician to implement the enucleation of his eye or eyes.  In the absence of such designation by the donor or if such designee is unavailable, the donee or other person authorized to accept the gift may employ or authorize any surgeon, physician, any state licensed funeral director, embalmer, technician, or trained medical school student; provided that the funeral director, embalmer, or trained medical school student has successfully completed an eye enucleation course in any accredited medical school in the United States.

Acts 1968, No. 651, §1.  Amended by Acts 1974, No. 266, §2; Acts 1976, No. 357, §§1, 2; Acts 2004, No. 872, §1, eff. July 12, 2004.