RSA 291-A:7 · Refusal to Make Anatomical Gift; Effect of Refusal

291-A:7 Refusal to Make Anatomical Gift; Effect of Refusal. –

Copy link

I.

An individual may refuse to make an anatomical gift of the individual's body or part by:

Copy link

(a)

A record signed by:

Copy link

(1)

The individual; or

Copy link

(2)

Subject to paragraph II, another individual acting at the direction of the individual if the individual is physically unable to sign;

Copy link

(b)

The individual's will, whether or not the will is admitted to probate or invalidated after the individual's death; or

Copy link

(c)

Any form of communication made by the individual during the individual's terminal illness or injury addressed to at least 2 adults, at least one of whom is a disinterested witness.

Copy link

II.

A record signed pursuant to subparagraph I(a)(2) shall:

Copy link

(a)

Be witnessed by at least 2 adults, at least one of whom is a disinterested witness, who have signed at the request of the individual; and

Copy link

(b)

State that it has been signed and witnessed as provided in subparagraph (a).

Copy link

III.

An individual who has made a refusal may amend or revoke the refusal:

Copy link

(a)

In the manner provided in paragraph I for making a refusal;

Copy link

(b)

By subsequently making an anatomical gift pursuant to RSA 291-A:5 that is inconsistent with the refusal; or

Copy link

(c)

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.

Copy link

IV.

Except as otherwise provided in RSA 291-A:8, VIII, in the absence of an express, contrary indication by the individual set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of the individual's body or part bars all other persons from making an anatomical gift of the individual's body or part. Source. 2010, 111:1, eff. July 31, 2010.

Copy link