39-3408. PRECLUSIVE EFFECT OF ANATOMICAL GIFT, AMENDMENT OR REVOCATION. (1) Except as otherwise provided in subsection (7) of this section and subject to subsection (6) of this section, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending or revoking an anatomical gift of a donor’s body or part if the donor made an anatomical gift of the donor’s body or part under section 39-3405, Idaho Code, or an amendment to an anatomical gift of the donor’s body or part under section 39-3406, Idaho Code.

(2) A donor’s revocation of an anatomical gift of the donor’s body or part under section 39-3406, Idaho Code, is not a refusal and does not bar another person specified in section 39-3404 or 39-3409, Idaho Code, from making an anatomical gift of the donor’s body or part under section 39-3405 or 39-3410, Idaho Code.

(3) If a person other than the donor makes an unrevoked anatomical gift of the donor’s body or part under section 39-3405, Idaho Code, or an amendment to an anatomical gift of the donor’s body or part under section 39-3406, Idaho Code, another person may not make, amend or revoke the gift of the donor’s body or part under section 39-3410, Idaho Code.

(4) A revocation of an anatomical gift of a donor’s body or part under section 39-3406, Idaho Code, by a person other than the donor does not bar another person from making an anatomical gift of the body or part under section 39-3405 or 39-3410, Idaho Code.

(5) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under section 39-3404, Idaho Code, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.

(6) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under section 39-3404, Idaho Code, an anatomical gift of a part for one (1) or more of the purposes set forth in section 39-3404, Idaho Code, is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under section 39-3405 or 39-3410, Idaho Code.

(7) If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor’s body or part.

(8) If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor’s refusal.

History:

[39-3408, added 2007, ch. 30, sec. 2, p. 65.]