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CHAPTER 525A. DARLENE LUTHER REVISED UNIFORM ANATOMICAL GIFT ACT

NOTE:This chapter, as added by Laws 2007, chapter 120, article 1, sections 1 to 25, is effective April 1, 2008. Laws 2007, chapter 120, article 2, section 5. The present Uniform Anatomical Gift Act, sections 525.921 to 525.9224, is repealed by Laws 2007, chapter 120, article 1, section 26, effective April 1, 2008. Laws 2007, chapter 120, article 2, section 5.

Table of Sections
SectionHeadnote
525A.01525A.01 SHORT TITLE.
525A.02525A.02 DEFINITIONS.
525A.03525A.03 APPLICABILITY.
525A.04525A.04 WHO MAY MAKE ANATOMICAL GIFT BEFORE DONOR'S DEATH.
525A.05525A.05 MANNER OF MAKING ANATOMICAL GIFT BEFORE DONOR'S DEATH.
525A.06525A.06 AMENDING OR REVOKING ANATOMICAL GIFT BEFORE DONOR'S DEATH.
525A.07525A.07 REFUSAL TO MAKE ANATOMICAL GIFT; EFFECT OF REFUSAL.
525A.08525A.08 PRECLUSIVE EFFECT OF ANATOMICAL GIFT, AMENDMENT, OR REVOCATION.
525A.09525A.09 WHO MAY MAKE ANATOMICAL GIFT OF DECEDENT'S BODY OR PART.
525A.10525A.10 MANNER OF MAKING, AMENDING, OR REVOKING ANATOMICAL GIFT OF DECEDENT'S BODY OR PART.
525A.11525A.11 PERSONS THAT MAY RECEIVE ANATOMICAL GIFT; PURPOSE OF ANATOMICAL GIFT.
525A.12525A.12 SEARCH AND NOTIFICATION.
525A.13525A.13 DELIVERY OF DOCUMENT OF GIFT NOT REQUIRED; RIGHT TO EXAMINE.
525A.14525A.14 RIGHTS AND DUTIES OF PROCUREMENT ORGANIZATION AND OTHERS.
525A.15525A.15 COORDINATION OF PROCUREMENT AND USE.
525A.16525A.16 SALE OR PURCHASE OF PARTS PROHIBITED; FELONY.
525A.17525A.17 PROHIBITED ACTS; FELONY.
525A.18525A.18 IMMUNITY.
525A.19525A.19 LAW GOVERNING VALIDITY; CHOICE OF LAW AS TO EXECUTION OF DOCUMENT OF GIFT; PRESUMPTION OF VALIDITY.
525A.20525A.20 DONOR REGISTRY.
525A.21525A.21 EFFECT OF ANATOMICAL GIFT ON HEALTH CARE DIRECTIVE.
525A.22525A.22 COOPERATION BETWEEN MEDICAL EXAMINER AND PROCUREMENT ORGANIZATION.
525A.23525A.23 FACILITATION OF ANATOMICAL GIFT FROM DECEDENT WHOSE BODY IS UNDER JURISDICTION OF MEDICAL EXAMINER.
525A.24525A.24 RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.
525A.25525A.25 ANATOMICAL GIFT; RELATION TO UNIFORM COMMERCIAL CODE.

NOTE:This chapter, as added by Laws 2007, chapter 120, article 1, sections 1 to 25, is effective April 1, 2008. Laws 2007, chapter 120, article 2, section 5. The present Uniform Anatomical Gift Act, sections 525.921 to 525.9224, is repealed by Laws 2007, chapter 120, article 1, section 26, effective April 1, 2008. Laws 2007, chapter 120, article 2, section 5.

525A.01 SHORT TITLE.
This chapter may be cited as the "Darlene Luther Revised Uniform Anatomical Gift Act."
History: 2007 c 120 art 1 s 1
525A.02 DEFINITIONS.
    Subdivision 1. Scope. The definitions in this section apply to this chapter.
    Subd. 2. Adult. "Adult" means an individual who is at least 18 years of age.
    Subd. 3. Agent. "Agent" means an individual who is:
(1) a health care agent, as defined in section 145C.01, subdivision 2; or
(2) expressly authorized to make an anatomical gift on the principal's behalf by any other
record signed by the principal.
    Subd. 4. Anatomical gift. "Anatomical gift" means a donation of all or part of a human body
to take effect after the donor's death for the purpose of transplantation, therapy, research, or
education.
    Subd. 5. Decedent. "Decedent" means a deceased individual whose body or part is or may
be the source of an anatomical gift. The term includes a stillborn infant or an embryo or fetus that
has died of natural causes in utero.
    Subd. 6. Disinterested witness. "Disinterested witness" means a witness other than the
spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes,
amends, revokes, or refuses to make an anatomical gift, or another adult who exhibited special
care and concern for the individual. The term does not include a person to which an anatomical
gift could pass under section 525A.11.
    Subd. 7. Document of gift. "Document of gift" means a donor card or other record used
to make an anatomical gift. The term includes a statement or symbol on a driver's license,
identification card, or donor registry.
    Subd. 8. Donor. "Donor" means an individual whose body or part is the subject of an
anatomical gift.
    Subd. 9. Donor registry. "Donor registry" means a database that contains records of
anatomical gifts and amendments to or revocations of anatomical gifts.
    Subd. 10. Driver's license. "Driver's license" means a license or permit issued under chapter
171 to operate a vehicle, whether or not conditions are attached to the license or permit.
    Subd. 11. Eye bank. "Eye bank" means a person that is licensed, accredited, or regulated
under federal or state law to engage in the recovery, screening, testing, processing, storage, or
distribution of human eyes or portions of human eyes.
    Subd. 12. Guardian. "Guardian" means a person appointed by a court to make decisions
regarding the support, care, education, health, or welfare of an individual. The term does not
include a guardian ad litem.
    Subd. 13. Hospital. "Hospital" means a facility licensed as a hospital under the law of any
state or a facility operated as a hospital by the United States, a state, or a subdivision of a state.
    Subd. 14. Identification card. "Identification card" means a Minnesota identification card
issued under chapter 171.
    Subd. 15. Know. "Know" means to have actual knowledge.
    Subd. 16. Medical examiner. "Medical examiner" includes coroner.
    Subd. 17. Minor. "Minor" means an individual who is under 18 years of age.
    Subd. 18. Organ procurement organization. "Organ procurement organization" means
a person designated by the secretary of the United States Department of Health and Human
Services as an organ procurement organization.
    Subd. 19. Parent. "Parent" means a parent whose parental rights have not been terminated.
    Subd. 20. Part. "Part" means an organ, an eye, or tissue of a human being. The term does
not include the whole body.
    Subd. 21. Person. "Person" means an individual, corporation, business trust, estate, trust,
partnership, limited liability company, association, joint venture, public corporation, government
or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
    Subd. 22. Physician. "Physician" means an individual authorized to practice medicine or
osteopathy under the law of any state.
    Subd. 23. Procurement organization. "Procurement organization" means an eye bank,
organ procurement organization, or tissue bank.
    Subd. 24. Prospective donor. "Prospective donor" means an individual who is dead or
near death and has been determined by a procurement organization to have a part that could be
medically suitable for transplantation, therapy, research, or education. The term does not include
an individual who has made a refusal.
    Subd. 25. Reasonably available. "Reasonably available" means able to be contacted by a
procurement organization without undue effort and willing and able to act in a timely manner
consistent with existing medical criteria necessary for the making of an anatomical gift.
    Subd. 26. Recipient. "Recipient" means an individual into whose body a decedent's part has
been or is intended to be transplanted.
    Subd. 27. Record. "Record" means information that is inscribed on a tangible medium or
that is stored in an electronic or other medium and is retrievable in perceivable form.
    Subd. 28. Refusal. "Refusal" means a record created under section 525A.07 that expressly
states an intent to bar other persons from making an anatomical gift of an individual's body or part.
    Subd. 29. Sign. "Sign" means, with the present intent to authenticate or adopt a record:
(1) to execute or adopt a tangible symbol; or
(2) to attach to or logically associate with the record an electronic symbol, sound, or process.
    Subd. 30. State. "State" means a state of the United States, the District of Columbia,
Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to
the jurisdiction of the United States.
    Subd. 31. Technician. "Technician" means an individual determined to be qualified to
remove or process parts by an appropriate organization that is licensed, accredited, or regulated
under federal or state law. The term includes an enucleator.
    Subd. 32. Tissue. "Tissue" means a portion of the human body other than an organ or an
eye. The term does not include blood unless the blood is donated for the purpose of research or
education.
    Subd. 33. Tissue bank. "Tissue bank" means a person that is licensed, accredited, or
regulated under federal or state law to engage in the recovery, screening, testing, processing,
storage, or distribution of tissue.
    Subd. 34. Transplant hospital. "Transplant hospital" means a hospital that furnishes organ
transplants and other medical and surgical specialty services required for the care of transplant
patients.
History: 2007 c 120 art 1 s 2
525A.03 APPLICABILITY.
This chapter applies to an anatomical gift or amendment to, revocation of, or refusal to make
an anatomical gift, whenever made.
History: 2007 c 120 art 1 s 3
525A.04 WHO MAY MAKE ANATOMICAL GIFT BEFORE DONOR'S DEATH.
Subject to section 525A.08, an anatomical gift of a donor's body or part may be made during
the life of the donor for the purpose of transplantation, therapy, research, or education in the
manner provided in section 525A.05 by:
(1) an adult donor;
    (2) a minor donor, if the minor is:
(i) emancipated; or
(ii) authorized under state law to apply for a driver's license because the donor is at least
16 years of age;
(3) an agent of the donor, unless the health care directive, as defined in section 145C.01,
subdivision 5a
, or other record prohibits the agent from making an anatomical gift;
(4) a parent of the donor, if the donor is an unemancipated minor; or
(5) the donor's guardian.
History: 2007 c 120 art 1 s 4
525A.05 MANNER OF MAKING ANATOMICAL GIFT BEFORE DONOR'S DEATH.
(a) A donor may make an anatomical gift:
(1) by authorizing a statement or symbol indicating that the donor has made an anatomical
gift to be imprinted on the donor's driver's license or identification card;
(2) in a will;
(3) during a terminal illness or injury of the donor, by any form of communication addressed
to at least two adults, at least one of whom is a disinterested witness; or
(4) as provided in paragraph (b).
(b) A donor or other person authorized to make an anatomical gift under section 525A.04 may
make a gift by a donor card or other record signed by the donor or other person making the gift or
by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be
included on a donor registry. If the donor or other person is physically unable to sign a record, the
record may be signed by another individual at the direction of the donor or other person and must:
(1) be witnessed by at least two adults, at least one of whom is a disinterested witness, who
have signed at the request of the donor or the other person; and
(2) state that it has been signed and witnessed as provided in clause (1).
(c) Revocation, suspension, expiration, or cancellation of a driver's license or identification
card upon which an anatomical gift is indicated does not invalidate the gift.
(d) An anatomical gift made by will takes effect upon the donor's death whether or not the
will is probated. Invalidation of the will after the donor's death does not invalidate the gift.
    (e) The making of an anatomical gift does not authorize or direct a denial of health care.
History: 2007 c 120 art 1 s 5
525A.06 AMENDING OR REVOKING ANATOMICAL GIFT BEFORE DONOR'S
DEATH.
(a) Subject to section 525A.08, a donor or other person authorized to make an anatomical
gift under section 525A.04 may amend or revoke an anatomical gift by:
(1) a record signed by:
(i) the donor;
(ii) the other person; or
(iii) subject to paragraph (b), another individual acting at the direction of the donor or the
other person if the donor or other person is physically unable to sign; or
(2) a later-executed document of gift that amends or revokes a previous anatomical gift or
portion of an anatomical gift, either expressly or by inconsistency.
(b) A record signed pursuant to paragraph (a), clause (1), item (iii), must:
(1) be witnessed by at least two adults, at least one of whom is a disinterested witness, who
have signed at the request of the donor or the other person; and
(2) state that it has been signed and witnessed as provided in clause (1).
(c) Subject to section 525A.08, a donor or other person authorized to make an anatomical
gift under section 525A.04 may revoke an anatomical gift by the destruction or cancellation of the
document of gift, or the portion of the document of gift used to make the gift, with the intent to
revoke the gift.
(d) A donor may amend or revoke an anatomical gift that was not made in a will by any
form of communication during a terminal illness or injury addressed to at least two adults, at
least one of whom is a disinterested witness.
(e) A donor who makes an anatomical gift in a will may amend or revoke the gift in the
manner provided for amendment or revocation of wills or as provided in paragraph (a).
History: 2007 c 120 art 1 s 6
525A.07 REFUSAL TO MAKE ANATOMICAL GIFT; EFFECT OF REFUSAL.
(a) An individual may refuse to make an anatomical gift of the individual's body or part by:
(1) a record signed by:
(i) the individual; or
(ii) subject to paragraph (b), another individual acting at the direction of the individual
if the individual is physically unable to sign;
(2) the individual's will, whether or not the will is admitted to probate or invalidated after the
individual's death; or
(3) any form of communication made by the individual during the individual's terminal
illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.
(b) A record signed pursuant to paragraph (a), clause (1), item (ii), must:
(1) be witnessed by at least two adults, at least one of whom is a disinterested witness, who
have signed at the request of the individual; and
(2) state that it has been signed and witnessed as provided in clause (1).
(c) An individual who has made a refusal may amend or revoke the refusal:
(1) in the manner provided in paragraph (a) for making a refusal;
(2) by subsequently making an anatomical gift pursuant to section 525A.05 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 section 525A.08, paragraph (h), 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.
History: 2007 c 120 art 1 s 7
525A.08 PRECLUSIVE EFFECT OF ANATOMICAL GIFT, AMENDMENT, OR
REVOCATION.
(a) Except as otherwise provided in paragraph (g) and subject to paragraph (f), 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 525A.05 or an amendment to an
anatomical gift of the donor's body or part under section 525A.06. An anatomical gift made in
a will, a designation on a driver's license or identification card, or a health care directive under
chapter 145C, and not revoked, establishes the intent of the person making the designation and
may not be overridden by any other person.
(b) A donor's revocation of an anatomical gift of the donor's body or part under section
525A.06 is not a refusal and does not bar another person specified in section 525A.04 or 525A.09
from making an anatomical gift of the donor's body or part under section 525A.05 or 525A.10.
(c) If a person other than the donor makes an unrevoked anatomical gift of the donor's
body or part under section 525A.05 or an amendment to an anatomical gift of the donor's body
or part under section 525A.06, another person may not make, amend, or revoke the gift of the
donor's body or part under section 525A.10.
(d) A revocation of an anatomical gift of a donor's body or part under section 525A.06 by a
person other than the donor does not bar another person specified in section 525A.09 from making
an anatomical gift of the body or part under section 525A.05 or 525A.10.
(e) In the absence of an express, contrary indication by the donor or other person authorized
to make an anatomical gift under section 525A.04, 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.
(f) In the absence of an express, contrary indication by the donor or other person authorized
to make an anatomical gift under section 525A.04, an anatomical gift of a part for one or more
of the purposes set forth in section 525A.04 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
525A.05 or 525A.10.
(g) 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.
(h) 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: 2007 c 120 art 1 s 8
525A.09 WHO MAY MAKE ANATOMICAL GIFT OF DECEDENT'S BODY OR PART.
(a) Subject to paragraphs (b) and (c) and unless barred by section 525A.07 or 525A.08, an
anatomical gift of a decedent's body or part for the purpose of transplantation, therapy, research,
or education may be made by any member of the following classes of persons who is reasonably
available, in the order of priority listed:
(1) an agent of the decedent at the time of death who could have made an anatomical gift
under section 525A.04, clause (2), immediately before the decedent's death;
(2) the spouse of the decedent;
(3) adult children of the decedent;
(4) parents of the decedent;
(5) adult siblings of the decedent;
(6) adult grandchildren of the decedent;
(7) grandparents of the decedent;
(8) the persons who were acting as the guardians of the person of the decedent at the time
of death;
    (9) an adult who exhibited special care and concern for the decedent; and
(10) any other person having lawful authority to dispose of the decedent's body.
(b) If there is more than one member of a class listed in paragraph (a), clause (1), (3), (4), (5),
(6), (7), or (9), entitled to make an anatomical gift, an anatomical gift may be made by a member
of the class unless that member or a person to which the gift may pass under section 525A.11
knows of an objection by another member of the class. If an objection is known, the gift may be
made only by a majority of the members of the class who are reasonably available.
(c) A person may not make an anatomical gift if, at the time of the decedent's death, a person
in a prior class under paragraph (a) is reasonably available to make or to object to the making
of an anatomical gift.
History: 2007 c 120 art 1 s 9
525A.10 MANNER OF MAKING, AMENDING, OR REVOKING ANATOMICAL GIFT
OF DECEDENT'S BODY OR PART.
(a) A person authorized to make an anatomical gift under section 525A.09 may make an
anatomical gift by a document of gift signed by the person making the gift or by that person's
oral communication that is electronically recorded or is contemporaneously reduced to a record
and signed by the individual receiving the oral communication.
(b) Subject to paragraph (c), an anatomical gift by a person authorized under section
525A.09 may be amended or revoked orally or in a record by any member of a prior class who is
reasonably available. If more than one member of the prior class is reasonably available, the gift
made by a person authorized under section 525A.09 may be:
(1) amended only if a majority of the reasonably available members agree to the amending of
the gift; or
(2) revoked only if a majority of the reasonably available members agree to the revoking of
the gift or if they are equally divided as to whether to revoke the gift.
(c) A revocation under paragraph (b) is effective only if, before an incision has been made to
remove a part from the donor's body or before invasive procedures have begun to prepare the
recipient, the procurement organization, transplant hospital, or physician or technician knows of
the revocation.
History: 2007 c 120 art 1 s 10
525A.11 PERSONS THAT MAY RECEIVE ANATOMICAL GIFT; PURPOSE OF
ANATOMICAL GIFT.
(a) An anatomical gift may be made to the following persons named in the document of gift:
(1) a hospital; accredited medical school, dental school, college, or university; organ
procurement organization; or nonprofit organization in medical education or research, for research
or education;
(2) subject to paragraph (b), an individual designated by the person making the anatomical
gift if the individual is the recipient of the part; and
(3) an eye bank or tissue bank.
(b) If an anatomical gift to an individual under paragraph (a), clause (2), cannot be
transplanted into the individual, the part passes in accordance with paragraph (g) in the absence of
an express, contrary indication by the person making the anatomical gift.
(c) If an anatomical gift of one or more specific parts or of all parts is made in a document of
gift that does not name a person described in paragraph (a) but identifies the purpose for which an
anatomical gift may be used, the following rules apply:
(1) if the part is an eye and the gift is for the purpose of transplantation or therapy, the gift
passes to the appropriate eye bank;
(2) if the part is tissue and the gift is for the purpose of transplantation or therapy, the gift
passes to the appropriate tissue bank;
(3) if the part is an organ and the gift is for the purpose of transplantation or therapy, the gift
passes to the appropriate organ procurement organization as custodian of the organ; and
(4) if the part is an organ, an eye, or tissue and the gift is for the purpose of research or
education, the gift passes to the appropriate procurement organization.
(d) For the purpose of paragraph (c), if there is more than one purpose of an anatomical gift
set forth in the document of gift but the purposes are not set forth in any priority, the gift must be
used for transplantation or therapy, if suitable. If the gift cannot be used for transplantation or
therapy, the gift may be used for research or education.
(e) If an anatomical gift of one or more specific parts is made in a document of gift that
does not name a person described in paragraph (a) and does not identify the purpose of the
gift, the gift may be used only for transplantation or therapy, and the gift passes in accordance
with paragraph (g).
(f) If a document of gift specifies only a general intent to make an anatomical gift by words
such as "donor," "organ donor," or "body donor," or by a symbol or statement of similar import,
the gift may be used only for transplantation or therapy, and the gift passes in accordance with
paragraph (g).
(g) For purposes of paragraphs (b), (e), and (f), the following rules apply:
(1) if the part is an eye, the gift passes to the appropriate eye bank;
(2) if the part is tissue, the gift passes to the appropriate tissue bank; and
(3) if the part is an organ, the gift passes to the appropriate organ procurement organization
as custodian of the organ.
(h) An anatomical gift of an organ for transplantation or therapy, other than an anatomical
gift under paragraph (a), clause (2), passes to the organ procurement organization as custodian of
the organ.
(i) If an anatomical gift does not pass pursuant to paragraphs (a) to (h) or the decedent's body
or part is not used for transplantation, therapy, research, or education, custody of the body or part
passes to the person under obligation to dispose of the body or part.
(j) A person may not accept an anatomical gift if the person knows that the gift was not
effectively made under section 525A.05 or 525A.10 or if the person knows that the decedent
made a refusal under section 525A.07 that was not revoked. For purposes of this paragraph, if a
person knows that an anatomical gift was made on a document of gift, the person is deemed to
know of any amendment or revocation of the gift or any refusal to make an anatomical gift on
the same document of gift.
(k) Except as otherwise provided in paragraph (a), clause (2), nothing in this chapter affects
the allocation of organs for transplantation or therapy.
History: 2007 c 120 art 1 s 11
525A.12 SEARCH AND NOTIFICATION.
(a) The following persons shall make a reasonable search of an individual who the person
reasonably believes is dead or near death for a document of gift or other information identifying
the individual as a donor or as an individual who made a refusal:
(1) a law enforcement officer, firefighter, paramedic, or other emergency rescuer finding the
individual; and
(2) if no other source of the information is immediately available, a hospital, as soon as
practical after the individual's arrival at the hospital.
(b) If a document of gift or a refusal to make an anatomical gift is located by the search
required by paragraph (a), clause (1), and the individual or deceased individual to whom it relates
is taken to a hospital, the person responsible for conducting the search shall send the document
of gift or refusal to the hospital. If a body is transferred to the custody of the medical examiner,
the first responder must notify the first responder's dispatcher. A dispatcher notified under this
section must notify the state's federally designated organ procurement organization and inform the
organization of the deceased's name, donor status, and location.
(c) A person is not subject to criminal or civil liability for failing to discharge the duties
imposed by this section.
History: 2007 c 120 art 1 s 12
525A.13 DELIVERY OF DOCUMENT OF GIFT NOT REQUIRED; RIGHT TO
EXAMINE.
(a) A document of gift need not be delivered during the donor's lifetime to be effective.
(b) Upon or after an individual's death, a person in possession of a document of gift or a
refusal to make an anatomical gift with respect to the individual shall allow examination and
copying of the document of gift or refusal by a person authorized to make or object to the making
of an anatomical gift with respect to the individual or by a person to which the gift could pass
under section 525A.11.
History: 2007 c 120 art 1 s 13
525A.14 RIGHTS AND DUTIES OF PROCUREMENT ORGANIZATION AND OTHERS.
(a) When a hospital refers an individual at or near death to a procurement organization, the
organization shall make a reasonable search of the records of the Department of Public Safety and
any donor registry that it knows exists for the geographical area in which the individual resides to
ascertain whether the individual has made an anatomical gift.
(b) A procurement organization must be allowed reasonable access to information in the
records of the Department of Public Safety to ascertain whether an individual at or near death
is a donor.
(c) When a hospital refers an individual at or near death to a procurement organization, the
organization may conduct any reasonable examination necessary to ensure the medical suitability
of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research,
or education from a donor or a prospective donor. During the examination period, measures
necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or
procurement organization knows that the individual expressed a contrary intent.
(d) Unless prohibited by law other than this chapter, at any time after a donor's death, the
person to which a part passes under section 525A.11 may conduct any reasonable examination
necessary to ensure the medical suitability of the body or part for its intended purpose.
(e) Unless prohibited by law other than this chapter, an examination under paragraph (c) or (d)
may include an examination of all medical and dental records of the donor or prospective donor.
(f) Upon the death of a minor who was a donor or had signed a refusal, unless a procurement
organization knows the minor is emancipated, the procurement organization shall conduct a
reasonable search for the parents of the minor and provide the parents with an opportunity to
revoke or amend the anatomical gift or revoke the refusal.
(g) Upon referral by a hospital under paragraph (a), a procurement organization shall make a
reasonable search for any person listed in section 525A.09 having priority to make an anatomical
gift on behalf of a prospective donor. If a procurement organization receives information that
an anatomical gift to any other person was made, amended, or revoked, it shall promptly advise
the other person of all relevant information.
(h) Subject to sections 525A.11, paragraph (i), and 525A.23, the rights of the person to
which a part passes under section 525A.11 are superior to the rights of all others with respect to
the part. The person may accept or reject an anatomical gift in whole or in part. Subject to the
terms of the document of gift and this chapter, a person that accepts an anatomical gift of an entire
body may allow embalming, burial, or cremation, and use of remains in a funeral service. If the
gift is of a part, the person to which the part passes under section 525A.11, upon the death of the
donor and before embalming, burial, or cremation, shall cause the part to be removed without
unnecessary mutilation.
(i) Neither the physician who attends the decedent at death nor the physician who determines
the time of the decedent's death may participate in the procedures for removing or transplanting
a part from the decedent.
(j) A physician or technician may remove a donated part from the body of a donor that the
physician or technician is qualified to remove.
History: 2007 c 120 art 1 s 14
525A.15 COORDINATION OF PROCUREMENT AND USE.
Each hospital in this state shall enter into agreements or affiliations with procurement
organizations for coordination of procurement and use of anatomical gifts.
History: 2007 c 120 art 1 s 15
525A.16 SALE OR PURCHASE OF PARTS PROHIBITED; FELONY.
(a) Except as otherwise provided in paragraph (b), a person that for valuable consideration,
knowingly purchases or sells a part for transplantation or therapy if removal of a part from an
individual is intended to occur after the individual's death, commits a felony and upon conviction
is subject to a fine not exceeding $10,000 or imprisonment not exceeding five years, or both.
(b) A person may charge a reasonable amount for the removal, processing, preservation,
quality control, storage, transportation, implantation, or disposal of a part.
History: 2007 c 120 art 1 s 16
525A.17 PROHIBITED ACTS; FELONY.
A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals,
defaces, or obliterates a document of gift, an amendment or revocation of a document of gift,
or a refusal commits a felony and upon conviction is subject to a fine not exceeding $10,000 or
imprisonment not exceeding five years, or both.
History: 2007 c 120 art 1 s 17
525A.18 IMMUNITY.
(a) A person that acts in accordance with this chapter or with the applicable anatomical gift
law of another state, or attempts in good faith to do so, is not liable for the act in a civil action,
criminal prosecution, or administrative proceeding.
(b) Neither the person making an anatomical gift nor the donor's estate is liable for any
injury or damage that results from the making or use of the gift.
(c) In determining whether an anatomical gift has been made, amended, or revoked under
this chapter, a person may rely upon representations of an individual listed in section 525A.09,
paragraph (a), clause (2), (3), (4), (5), (6), (7), or (8), relating to the individual's relationship to the
donor or prospective donor unless the person knows that the representation is untrue.
(d) An anatomical gift under this chapter is not a sale of goods as that term is defined in
section 336.2-105, paragraph (1), or the sale of a product.
History: 2007 c 120 art 1 s 18
525A.19 LAW GOVERNING VALIDITY; CHOICE OF LAW AS TO EXECUTION OF
DOCUMENT OF GIFT; PRESUMPTION OF VALIDITY.
(a) A document of gift is valid if executed in accordance with:
(1) this chapter;
(2) the laws of the state or country where it was executed; or
(3) the laws of the state or country where the person making the anatomical gift was
domiciled, has a place of residence, or was a national at the time the document of gift was
executed.
(b) If a document of gift is valid under this section, the law of this state governs the
interpretation of the document of gift.
(c) A person may presume that a document of gift or amendment of an anatomical gift is
valid unless that person knows that it was not validly executed or was revoked.
History: 2007 c 120 art 1 s 19
525A.20 DONOR REGISTRY.
(a) The Department of Public Safety shall provide donor information to an organ procurement
organization or eye bank that administers any donor registry that this state establishes, contracts
for, or recognizes for the purpose of transferring to the donor registry all relevant information
regarding a donor's making, amendment to, or revocation of an anatomical gift.
(b) A donor registry must:
(1) allow a donor or other person authorized under section 525A.04 to include on the donor
registry a statement or symbol that the donor has made, amended, or revoked an anatomical gift;
(2) be accessible to a procurement organization to allow it to obtain relevant information on
the donor registry to determine, at or near death of the donor or a prospective donor, whether the
donor or prospective donor has made, amended, or revoked an anatomical gift; and
(3) be accessible, for purposes of clauses (1) and (2), seven days a week on a 24-hour basis.
(c) Personally identifiable information on a donor registry about a donor or prospective
donor may not be used or disclosed without the express consent of the donor, prospective donor,
or person that made the anatomical gift for any purpose other than to determine, at or near death
of the donor or prospective donor, whether the donor or prospective donor has made, amended, or
revoked an anatomical gift.
(d) This section does not prohibit any person from creating or maintaining a donor registry
that is not established by or under contract with the state. Any such registry must comply with
paragraphs (b) and (c).
History: 2007 c 120 art 1 s 20
525A.21 EFFECT OF ANATOMICAL GIFT ON HEALTH CARE DIRECTIVE.
    (a) In this section, "health care directive" has the meaning given in section 145C.01,
subdivision 5a.
(b) If a prospective donor has a health care directive and the terms of the declaration or
directive and the express or implied terms of a potential anatomical gift are in conflict with
regard to the administration of measures necessary to ensure the medical suitability of a part for
transplantation or therapy, the prospective donor's attending physician and the prospective donor
shall confer to resolve the conflict. If the prospective donor is incapable of resolving the conflict,
an agent acting under the prospective donor's declaration or directive or, if there is none or the
agent is not reasonably available, another person authorized by a law other than this chapter to
make health care decisions on behalf of the prospective donor, shall act for the donor to resolve
the conflict. The conflict must be resolved as expeditiously as possible. Information relevant to
the resolution of the conflict may be obtained from the appropriate procurement organization and
any other person authorized to make an anatomical gift for the prospective donor under section
525A.09. Before resolution of the conflict, measures necessary to ensure the medical suitability
of the part may not be withheld or withdrawn from the prospective donor if withholding or
withdrawing the measures is not contraindicated by appropriate end-of-life care.
History: 2007 c 120 art 1 s 21
525A.22 COOPERATION BETWEEN MEDICAL EXAMINER AND PROCUREMENT
ORGANIZATION.
(a) A medical examiner shall cooperate with procurement organizations to maximize the
opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or
education.
(b) If a medical examiner receives notice from a procurement organization that an anatomical
gift might be available or was made with respect to a decedent whose body is under the
jurisdiction of the medical examiner and a postmortem examination is going to be performed,
unless the medical examiner denies recovery in accordance with section 525A.23, the medical
examiner or designee shall conduct a postmortem examination of the body or the part in a manner
and within a period compatible with its preservation for the purposes of the gift.
(c) A part may not be removed from the body of a decedent under the jurisdiction of a medical
examiner for transplantation, therapy, research, or education unless the part is the subject of an
anatomical gift. The body of a decedent under the jurisdiction of the medical examiner may not be
delivered to a person for research or education unless the body is the subject of an anatomical
gift. This paragraph does not preclude a medical examiner from performing the medicolegal
investigation upon the body or parts of a decedent under the jurisdiction of the medical examiner.
History: 2007 c 120 art 1 s 22
525A.23 FACILITATION OF ANATOMICAL GIFT FROM DECEDENT WHOSE BODY
IS UNDER JURISDICTION OF MEDICAL EXAMINER.
(a) Upon request of a procurement organization, a medical examiner shall release to the
procurement organization the name, contact information, and available medical and social history
of a decedent whose body is under the jurisdiction of the medical examiner. If the decedent's body
or part is medically suitable for transplantation, therapy, research, or education, the medical
examiner shall release postmortem examination results to the procurement organization. The
procurement organization may make a subsequent disclosure of the postmortem examination
results or other information received from the medical examiner only if relevant to transplantation
or therapy.
(b) The medical examiner may conduct a medicolegal examination by reviewing all medical
records, laboratory test results, x-rays, other diagnostic results, and other information that any
person possesses about a donor or prospective donor whose body is under the jurisdiction of the
medical examiner which the medical examiner determines may be relevant to the investigation.
(c) A person that has any information requested by a medical examiner pursuant to paragraph
(b) shall provide that information as expeditiously as possible to allow the medical examiner to
conduct the medicolegal investigation within a period compatible with the preservation of parts
for the purpose of transplantation, therapy, research, or education.
(d) If an anatomical gift has been or might be made of a part of a decedent whose body is
under the jurisdiction of the medical examiner and a postmortem examination is not required, or
the medical examiner determines that a postmortem examination is required but that the recovery
of the part that is the subject of an anatomical gift will not interfere with the examination, the
medical examiner and procurement organization shall cooperate in the timely removal of the part
from the decedent for the purpose of transplantation, therapy, research, or education.
(e) If an anatomical gift of a part from the decedent under the jurisdiction of the medical
examiner has been or might be made, but the medical examiner initially believes that the recovery
of the part could interfere with the postmortem investigation into the decedent's cause or manner
of death, the medical examiner shall consult with the procurement organization or physician
or technician designated by the procurement organization about the proposed recovery. After
consultation, the medical examiner may allow the recovery.
(f) Following the consultation under paragraph (e), in the absence of mutually agreed-upon
protocols to resolve conflict between the medical examiner and the procurement organization,
if the medical examiner intends to deny recovery of an organ for transplantation, the medical
examiner or designee, at the request of the procurement organization, shall attend the removal
procedure for the part before making a final determination not to allow the procurement
organization to recover the part. During the removal procedure, the medical examiner or designee
may allow recovery by the procurement organization to proceed, or, if the medical examiner or
designee reasonably believes that the part may be involved in determining the decedent's cause or
manner of death, deny recovery by the procurement organization.
(g) If the medical examiner or designee denies recovery under paragraph (f), the medical
examiner or designee shall:
(1) explain in a record the specific reasons for not allowing recovery of the part;
(2) include the specific reasons in the records of the medical examiner; and
(3) provide a record with the specific reasons to the procurement organization.
(h) If the medical examiner or designee allows recovery of a part under paragraph (d), (e),
or (f), the procurement organization, upon request, shall cause the physician or technician who
removes the part to provide the medical examiner with a record describing the condition of the
part, a biopsy, a photograph, and any other information and observations that would assist in the
postmortem examination.
(i) If a medical examiner or designee is required to be present at a removal procedure under
paragraph (f), upon request the procurement organization requesting the recovery of the part
shall reimburse the medical examiner or designee for the additional costs incurred in complying
with paragraph (f).
History: 2007 c 120 art 1 s 23
525A.24 RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL
COMMERCE ACT.
This chapter modifies, limits, and supersedes the Electronic Signatures in Global and
National Commerce Act, United States Code, title 15, section 7001 et seq., but does not modify,
limit, or supersede section 101(a) of that act, United States Code, title 15, section 7001, or
authorize electronic delivery of any of the notices described in section 103(b) of that act, United
States Code, title 15, section 7003(b).
History: 2007 c 120 art 1 s 24
525A.25 ANATOMICAL GIFT; RELATION TO UNIFORM COMMERCIAL CODE.
    The provision or use of any part of a human body, including blood, blood components,
bone marrow, or solid organs from living donors, for the purpose of injection, transfusion,
or transplantation in the human body is the rendition of a health care service by each person
participating in the provision or use and is not a sale of goods, as that term is defined in section
336.2-105, paragraph (1), or a sale of a product.
History: 2007 c 120 art 1 s 25

Official Publication of the State of Minnesota
Revisor of Statutes