2015 Kentucky Revised Statutes CHAPTER 311 - PHYSICIANS, OSTEOPATHS, PODIATRISTS, AND RELATED MEDICAL PRACTITIONERS 311.1921 Refusal to make anatomical gift -- Effect of refusal.
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311.1921 Refusal to make anatomical gift -- Effect of refusal.
(1)
(2)
(3)
(4)
An individual may refuse to make an anatomical gift of the individual's body or part
by:
(a) A record signed by:
1.
The individual; or
2.
Subject to subsection (2) of this section, another individual acting at the
direction of the individual if the individual is physically unable to sign;
(b) The individual's will, whether or not the will is admitted to probate or
invalidated after the individual's death; or
(c) Any form of communication made by the individual during the individual's
terminal illness or injury addressed to at least two (2) adults, at least one (1) of
whom is a disinterested witness.
A record signed pursuant to subsection (1)(a)2. of this section shall:
(a) Be witnessed by at least two (2) adults, at least one (1) of whom is a
disinterested witness, who have signed at the request of the individual; and
(b) State that it has been signed and witnessed as provided in paragraph (a) of this
subsection.
An individual who has made a refusal may amend or revoke the refusal:
(a) In the manner provided in subsection (1) of this section for making a refusal;
(b) By subsequently making an anatomical gift pursuant to KRS 311.1917 that is
inconsistent with the refusal; or
(c) By destroying or canceling the record evidencing the refusal, or the portion of
the record used to make the refusal, with the intent to revoke the refusal.
Except as otherwise provided in KRS 311.1923(8), in the absence of an express,
contrary indication by the individual set forth in the refusal, an individual's
unrevoked refusal to make an anatomical gift of the individual's body or part bars
all other persons from making an anatomical gift of the individual's body or part.
Effective: July 15, 2010
History: Created 2010 Ky. Acts ch. 161, sec. 6, effective July 15, 2010.
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