2005 Rhode Island Code - § 23-18.6-2 — Making, amending, revoking, and refusing to make anatomical gifts by individual.

    (a) An individual who is at least (18) years of age may:

   (1) Make an anatomical gift for any of the purposes stated in § 23-18.6-6(a);

   (2) Limit an anatomical gift to one or more of those purposes; or

   (3) Refuse to make an anatomical gift.

   (b) An anatomical gift may be made only by a document of gift signed by the donor or by indicating consent to donate under chapters 10 and 10.1 of title 31. If the donor cannot sign, the document of gift must be signed by another individual, the next of kin, or designee and by two (2) witnesses, all of whom have signed at the direction and in the presence of the donor and of each other, and state that it has been so signed.

   (c) If a document of gift is attached to or imprinted on a donor's motor vehicle operator's or chauffeur's license, revocation, suspension, expiration, or cancellation of the license does not invalidate the anatomical gift.

   (d) A document of gift may designate a particular physician or surgeon in cases of living relation donation and transplantation 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 anatomical gift may employ or authorize any physician, surgeon, technician, or enucleator to carry out the appropriate procedures.

   (e) An anatomical gift by will takes effect upon death of the testator, whether or not the will is probated. If, after death, the will is declared invalid for testamentary purposes, the validity of the anatomical fight is unaffected.

   (f) A donor may amend or revoke an anatomical gift, not made by will, only by:

   (1) A signed statement;

   (2) An oral statement made in the presence of two (2) individuals;

   (3) Any form of communication during a terminal illness or injury addressed to a physician or surgeon; or

   (4) The delivery of a signed statement to a specified donee to whom a document of gift had been delivered.

   (g) The donor of an anatomical gift made by will may amend or revoke the gift in the manner provided for amendment or revocation of will, or as provided in subsection (f).

   (h) An anatomical gift that is not revoked by the donor before death is irrevocable and does not require the consent or concurrence of any person after the donor's death, except in cases where the deceased is under the age of eighteen (18). In cases where the deceased is under the age of eighteen (18), an anatomical gift shall be made as set forth in § 23-18.6-3.

   (i) An individual may refuse to make an anatomical gift of the individual's body or party part by: (1) a writing signed in the same manner as a document of gift; (2) a statement attached to a donor's motor vehicle operator's or chauffeur's license; or (3) any other writing used to identify the individual as refusing to make an anatomical gift. During a terminal illness or injury, the refusal may be an oral statement or other form of communication.

   (j) In the absence of contrary indications by the donor, an anatomical gift of a part is neither a refusal to give other parts nor a limitation on an anatomical gift under § 23-18.6-3 or on a removal or release of other parts under § 23-18.6-4.

   (k) In the absence of contrary indications by the donor, a revocation or amendment of an anatomical gift is not a refusal to make another anatomical gift. If the donor intends a revocation to be a refusal to make an anatomical gift, the donor shall make the refusal pursuant to subsection (i).