Section 4306. Rights and duties at death  


Latest version.
  • 1. The donee may accept or reject
      the gift. If the donee accepts a  gift  of  the  entire  body,  he  may,
      subject to the terms of the gift, authorize embalming and the use of the
      body  in  funeral  services.   If the gift is of a part of the body, the
      donee upon the death of the donor and prior to embalming, may cause  the
      part  to be removed without unnecessary mutilation. After removal of the
      part, custody of the remainder  of  the  body  vests  in  the  surviving
      spouse, next of kin, or other persons under obligation to dispose of the
      body.
        2.  When a donor is determined dead based on irreversible cessation of
      circulatory  and  respiratory  functions,  the  time  of  death shall be
      certified by a physician.   Such physician may not  participate  in  the
      procedure  to remove or transplant the body part. In all other cases the
      time of death shall be certified by the physician who attends the  donor
      at  his death and one other physician, neither of whom shall participate
      in the procedure for removing or transplanting the part.
        3. A person who acts in good faith in accord with the  terms  of  this
      article  or with the anatomical gift laws of another state is not liable
      for damages in any  civil  action  or  subject  to  prosecution  in  any
      criminal proceeding for his act.
        4.  At  the  time of acceptance of the gift, when it is known that the
      donation will be used for other than transplantation purposes, the donee
      if requested by the donor or the donor's next of kin  shall  advise  the
      donor  or  the donor's next of kin of the body parts to be utilized, the
      uses to which the body parts may be  put,  whether  body  parts  may  be
      transferred  to  other  facilities  or  institutions  and  plans for the
      ultimate disposition of all body parts if the donor  has  not  specified
      the ultimate disposition.