2006 Louisiana Laws - RS 17:2357 — Rights and duties at death

§2357.  Rights and duties at death

A.  The donee may accept or reject the gift.  If the donee accepts, and if the gift is of the entire body, the donee or his agent, if he deems it desirable, may authorize embalming and funeral services.  If the gift is of a part of the body, the donee or his agent, immediately after the death of the donor and prior to embalming, may cause the part included in the gift to be removed without unnecessary mutilation.  After removal of the part, custody of the remainder of the body shall be transferred promptly to the surviving spouse or next of kin or other persons under obligation to dispose of the body.

B.  The time of death shall be determined by the physician who attends the donor at his death, or, if none, the physician who certifies the death.  The physician shall not be a participant in the procedures for removing the part or transplanting it.

C.  The donee, agent of a donee, other person authorized to accept and utilize the gift, or any person authorized by the donor or donee to perform the surgical operation to remove parts covered by the gift is not liable for damages in any civil action or subject to prosecution in any criminal proceeding for his act if he acts in good faith and without actual knowledge of revocation of the gift and in accord with the terms of a gift under this Part, in accord with a document carried by the donor as provided in this Part, or in accord with the laws of the state in which the document of gift was executed.

D.  The provisions of this Part are subject to the laws of this state prescribing powers and duties with respect to autopsies.

Acts 1968, No. 651, §1.