525.9217 RIGHTS AND DUTIES AT DEATH.
(a) Rights of a donee created by an anatomical gift are superior to rights of others except
with respect to autopsies under section
525.9221, paragraph (b)
. A donee may accept or reject
an anatomical gift. If a donee accepts an anatomical gift of an entire body, the donee, subject to
the terms of the gift, may allow embalming and use of the body in funeral services. If the gift is
of a part of a body, the donee, upon the death of the donor and before embalming, shall cause
the part to be removed without unnecessary mutilation. After removal of the part, custody of the
remainder of the body vests in the person under obligation to dispose of the body.
(b) The time of death must be determined by a physician or surgeon who attends the donor
at death or, if none, the physician or surgeon who certifies the death. Neither the physician or
surgeon who attends the donor at death nor the physician or surgeon who determines the time of
death may participate in the procedures for removing or transplanting a part unless the document
of gift designates a particular physician or surgeon pursuant to section
525.9211, paragraph (d)
(c) If there has been an anatomical gift, a technician may remove any donated parts and an
enucleator may remove any donated eyes or parts of eyes, after determination of death by a
physician or surgeon.
History: 1991 c 202 s 34