26:6-83 Refusal to make anatomical gift.

7. a. A person may refuse to make an anatomical gift of the person's body or part by:

(1) a record signed by:

(a) the person; or

(b) subject to subsection b. of this section, another individual acting at the person's direction if the person is physically unable to sign;

(2) the person's will, whether or not the will is admitted to probate or invalidated after the person's death; or

(3) any form of communication made by the person during the person's terminal illness or injury addressed to at least two adults, at least one of whom shall be a disinterested witness.

b. A record signed pursuant to subparagraph (b) of paragraph (1) of subsection a. of this section shall:

(1) be witnessed by at least two adults, at least one of whom shall be a disinterested witness, who have signed at the request of the person who is making a refusal; and

(2) state that it has been signed and witnessed as provided in paragraph (1) of this subsection.

c. A person who has made a refusal may amend or revoke the refusal:

(1) in the manner provided in subsection a. of this section for making a refusal;

(2) by subsequently making an anatomical gift that is inconsistent with the refusal; or

(3) 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.

d. Except as otherwise provided in subsection h. of section 8 of this act, in the absence of an express, contrary indication by the person set forth in the refusal, a person's unrevoked refusal to make an anatomical gift of the person's body or part shall preclude another individual from making an anatomical gift of the person's body or part.

L.2008, c.50, s.7.