2005 Minnesota Statutes - 525.9217 — Rights and duties at death.

     525.9217 Rights and duties at death. 


    (a) Rights of a donee created by an anatomical gift are 
 superior to rights of others except with respect to autopsies 
 under section 525.9221, paragraph (b).  A donee may accept or 
 reject an anatomical gift.  If a donee accepts an anatomical 
 gift of an entire body, the donee, subject to the terms of the 
 gift, may allow embalming and use of the body in funeral 
 services.  If the gift is of a part of a body, the donee, upon 
 the death of the donor and before embalming, shall cause the 
 part to be removed without unnecessary mutilation.  After 
 removal of the part, custody of the remainder of the body vests 
 in the person under obligation to dispose of the body. 


    (b) The time of death must be determined by a physician or 
 surgeon who attends the donor at death or, if none, the 
 physician or surgeon who certifies the death.  Neither the 
 physician or surgeon who attends the donor at death nor the 
 physician or surgeon who determines the time of death may 
 participate in the procedures for removing or transplanting a 
 part unless the document of gift designates a particular 
 physician or surgeon pursuant to section 525.9211, paragraph (d).


    (c) If there has been an anatomical gift, a technician may 
 remove any donated parts and an enucleator may remove any 
 donated eyes or parts of eyes, after determination of death by a 
 physician or surgeon. 


    HIST: 1991 c 202 s 34