2005 Connecticut Code - Sec. 19a-279b. Making, amending, revoking and refusing to make an anatomical gift by an individual.

      Sec. 19a-279b. Making, amending, revoking and refusing to make an anatomical gift by an individual. (a) A person who is at least eighteen years of age may (1) make an anatomical gift for any of the purposes stated in subsection (a) of section 19a-279f, (2) limit an anatomical gift to one or more of such purposes, or (3) refuse to make an anatomical gift.

      (b) An anatomical gift may be made by a document of gift signed by the donor. If the donor cannot sign, the document of gift shall be signed by another person and by two 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. In the absence of a revocation or amendment of any document of gift, health care providers licensed in this state and procurement organizations shall act in accordance with the donor's intention and may take appropriate actions to effect the anatomical gift.

      (c) If a document of gift is attached to or imprinted on a donor's motor vehicle operator's license, the document of gift shall comply with subsection (b) of this section. Revocation, suspension, expiration or cancellation of the license shall not invalidate the anatomical gift.

      (d) A document of gift may designate a particular physician or surgeon 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 or surgeon to carry out the appropriate procedure.

      (e) An anatomical gift by will shall take effect upon the 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 gift is unaffected.

      (f) A donor may amend or revoke an anatomical gift, not made by will, by: (1) A signed statement, (2) the delivery of a signed statement to a procurement organization or a specified donee to whom a document of gift had been delivered, or (3) any form of communication during a terminal illness or injury addressed to a physician.

      (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 wills, or as provided in subsection (f) of this section.

      (h) An anatomical gift that is not revoked by the donor before death is irrevocable and shall not require the consent or concurrence of any person after the death of the donor.

      (i) A person may refuse to make an anatomical gift of such person's body or part by (1) a writing signed in the same manner as a document of gift, or (2) any other writing used to identify the person 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 addressed to a physician.

      (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 section 19a-279c or on a removal or release of other parts under section 19a-279d.

      (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) of this section.

      (P.A. 88-318, S. 2, 15; P.A. 98-172, S. 1, 4; P.A. 04-122, S. 4.)

      History: P.A. 98-172 amended Subsec. (f) by deleting Subdivs. (2) and (3) re revocation by oral statement made in front of two persons or any form of communication during a terminal illness or injury addressed to a physician or surgeon and renumbered former Subdiv. (4) accordingly; P.A. 04-122 amended Subsec. (b) by adding provision re what actions may be taken to effect anatomical gift when there is no revocation or amendment of such gift, amended Subsec. (f) by deleting "only", adding "a procurement organization" in Subdiv. (2) and adding Subdiv. (3) re communication to physician and amended Subsec. (i) by deleting former Subdiv. (2) re statement on motor vehicle license, redesignating existing Subdiv. (3) re other writing as new Subdiv. (2), specifying communication must be to a physician and making technical changes.