§2354.3.  Authority to make an anatomical gift of a body or part

A.  Subject to Subsections B and C of this Section and unless barred by R.S. 17:2354.1 or 2354.2, an anatomical gift of the body or part of a decedent for the purpose of transplantation, therapy, research, or education may be made by any reasonably available member of the following classes, in the following order of priority:

(1)  The agent who could have made an anatomical gift in accordance with R.S. 17:2352 immediately before the death of the decedent.

(2)  The surviving spouse of the decedent.

(3)  The adult children of the decedent.

(4)  The parents of the decedent.

(5)  The adult siblings of the decedent.

(6)  The adult grandchildren of the decedent.

(7)  The grandparents of the decedent.

(8)  An adult who exhibited special care and concern for the decedent.

(9)  The person acting as guardian of the decedent at the time of death.

(10)  Any other person having the authority to dispose of the body of the decedent.

B.  If there is more than one member of a class listed in Subsection A of this Section entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass in accordance with R.S. 17:2353 knows of an objection by another member of the class.  If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.

C.  A person may not make an anatomical gift if at the time of the death of the decedent, a person in a higher ranking class is reasonably available to make or to object to the making of an anatomical gift.

D.  A person authorized to make an anatomical gift pursuant to R.S. 17:2352 or this Section may make an anatomical gift by any of the following:

(1)  Verbally, by telephone, provided that the conversation is recorded and a record of such conversation is maintained.

(2)  Verbally when expressed or given before two witnesses.

(3)  Verbally, by telephone, provided that the conversation is witnessed.

Acts 1985, No. 311, §1; Acts 1986, No. 551, §1; Acts 1992, No. 642, §1, eff. Jan. 1, 1993; Acts 2010, No. 937, §2, eff. July 1, 2010.