2013 New York Consolidated Laws
PBH - Public Health
Article 43 - (4300 - 4310) ANATOMICAL GIFTS
4303 - Manner of executing anatomical gifts.

 
    § 4303. Manner of executing anatomical gifts. 1. A gift of all or part
  of  the  body  under  this article may be made by will. The gift becomes
  effective upon 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.
    2. A gift of all or part of the body under this article  may  also  be
  made  by document other than a will. The gift becomes effective upon the
  death of the donor. The document, which may be a  card  designed  to  be
  carried  on  the  person,  must  be signed by the donor. Delivery of the
  document of gift during the donor's lifetime is not  necessary  to  make
  the gift valid.
    3.  The  gift  may  be  made  either  to  a specified donee or without
  specifying a donee. If the latter, the  gift  may  be  accepted  by  and
  utilized  under  the  direction  of  the  attending  physician  upon  or
  following death. If the gift is made to a specified  donee  who  is  not
  available  at  the time and place of death, the attending physician upon
  or following death, in the absence of any expressed indication that  the
  donor desired otherwise, may accept the gift as donee. The physician who
  becomes  a  donee  under  this  subdivision shall not participate in the
  procedures for removing or transplanting a part.
    4. Subject to the prohibitions in  subdivision  two  of  section  four
  thousand  three hundred six the donor may designate in his will, card or
  other document of gift  the  surgeon  or  physician  to  carry  out  the
  appropriate  procedures.  In  the  absence  of  a designation, or if the
  designee is not available, the  donee  or  other  person  authorized  to
  accept the gift may employ or authorize any surgeon or physician for the
  purpose.
    * 5.  Any  gift  by  a person designated in subdivision two of section
  four thousand three hundred one of this article shall be by  a  document
  signed  by  him  or  her  or  made  by  his or her telegraphic, recorded
  telephonic, or other recorded message. Where a gift is made  under  this
  subdivision,  either:  (a)  the  donor shall indicate in the document or
  message that he or she has no actual notice of contrary  indications  by
  the  decedent  and  no  reason  to  believe  that  an anatomical gift is
  contrary to the decedent's religious or moral beliefs; or (b)  an  agent
  of  the  federally  designated  organ procurement organization or of the
  donee shall make reasonable effort to inquire of the donor or  otherwise
  determine that the donor has no actual notice of contrary indications by
  the  decedent  and  no  reason  to  believe  that  an anatomical gift is
  contrary to the decedent's religious or moral beliefs.
    * NB Effective until October 3, 2016
    * 5. Any gift by a person designated in  subdivision  two  of  section
  four  thousand  three hundred one of this article shall be by a document
  signed by him or made by his telegraphic, recorded telephonic, or  other
  recorded message.
    * NB Effective October 3, 2016