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Title 22 - §2901. Definitions

Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 6: BIRTHS, MARRIAGES AND DEATHS
Chapter 710: UNIFORM ANATOMICAL GIFT ACT

§2901. Definitions

1. Bank or storage facility. "Bank or storage facility" means a facility licensed, accredited or approved under the laws of any state for storage of human bodies or parts thereof. [1969, c. 193 (new).]

2. Decedent. "Decedent" means a deceased individual and includes a stillborn infant or fetus. [1969, c. 193 (new).]

3. Donor. "Donor" means an individual who makes a gift of all or part of his body. [1969, c. 193 (new).]

4. Hospital. "Hospital" means a hospital licensed, accredited or approved under the laws of any state and includes a hospital operated by the United States Government, a state or a subdivision thereof, although not required to be licensed under state laws. [1969, c. 193 (new).]

4-A. Nurse practitioner. "Nurse practitioner" means an advanced practice registered nurse who is a certified nurse practitioner authorized to practice without the supervision of a physician pursuant to Title 32, chapter 31. [2005, c. 359, §6 (new).]

5. Part. "Part" includes organs, tissues, eyes, bones, arteries, blood, other fluids and other portions of a human body, and "part" includes "parts". [1969, c. 193 (new).]

6. Person. "Person" means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association or any other legal entity. [1969, c. 193 (new).]

7. Physician or surgeon. "Physician" or "surgeon" means a physician or surgeon licensed or authorized to practice under the laws of any state. [1969, c. 193 (new).]

8. State. "State" includes any state, district, commonwealth, territory, insular possession, and any other area subject to the legislative authority of the United States of America. [1969, c. 193 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §2902. Persons who may execute an anatomical gift

Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 6: BIRTHS, MARRIAGES AND DEATHS
Chapter 710: UNIFORM ANATOMICAL GIFT ACT

§2902. Persons who may execute an anatomical gift

1. Individuals. Any individual of sound mind and at least 16 years of age may give all or any part of that individual's body for any purposes specified in section 2903, the gift to take effect upon death. [1991, c. 32, §1 (amd).]

2. Others. Any of the following persons, in order of priority stated, when persons in prior classes are not available at the time of death, and in the absence of actual notice of contrary indications by the decedent, or actual notice of opposition by a member of the same or a prior class, may give all or any part of the decedent's body for any purposes specified in section 2903:

A. The spouse; [1969, c. 193 (new).]

B. An adult son or daughter; [1969, c. 193 (new).]

C. Either parent; [1969, c. 193 (new).]

D. An adult brother or sister; [1969, c. 193 (new).]

E. A guardian of the person of the decedent at the time of his death; [1969, c. 193 (new).]

F. Any other person authorized or under obligation to dispose of the body. [1969, c. 193 (new).]

[1969, c. 193 (new).]

3. Notice to donee. If the donee has actual notice of contrary indications by the decedent, or that a gift by a member of a class is opposed by a member of the same or a prior class, the donee shall not accept the gift. The persons authorized by subsection 2 may make the gift after death or immediately before death. [1969, c. 193 (new).]

4. Examination. A gift of all or part of a body authorizes any examination necessary to assure medical acceptability of the gift for the purposes intended. [1969, c. 193 (new).]

5. Rights. The rights of the donee created by the gift are paramount to the rights of others, except as provided by section 2907, subsection 4. [1969, c. 193 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §2903. Persons who may become donees, and purposes for which anatomical gifts may be made

Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 6: BIRTHS, MARRIAGES AND DEATHS
Chapter 710: UNIFORM ANATOMICAL GIFT ACT

§2903. Persons who may become donees, and purposes for which anatomical gifts may be made

The following persons may become donees of gifts of bodies or parts thereof for the purposes stated: [1969, c. 193 (new).]

1. Medical. Any hospital, surgeon or physician, for medical or dental education, research, advancement of medical or dental science, therapy or transplantation; or [1969, c. 193 (new).]

2. School. Any accredited medical or dental school, college or university for education, research, advancement of medical or dental science or therapy; or [1969, c. 193 (new).]

3. Storage facility. Any bank or storage facility, for medical or dental education, research, advancement of medical or dental science, therapy or transplantation; or [1969, c. 193 (new).]

4. Specified individuals. Any specified individual for therapy or transplantation needed by him. [1969, c. 193 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §2904. Manner of executing anatomical gifts

Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 6: BIRTHS, MARRIAGES AND DEATHS
Chapter 710: UNIFORM ANATOMICAL GIFT ACT

§2904. Manner of executing anatomical gifts

1. Will. A gift of all or part of the body under section 2902, subsection 1 may be made by will. The gift becomes effective upon the death of the testator without waiting for probate. If the will is not probated, or if it is declared invalid for testamentary purposes, the gift, to the extent that it has been acted upon in good faith, is nevertheless valid and effective. [1969, c. 193 (new).]

2. Other documents. A gift of any part of the body under section 2902, subsection 1 may be made by document other than a will. The gift becomes effective upon the death of the donor and upon acceptance by the donee. The document may be a donor card signed by the donor, an electronic donor registry in which the donor is included or a driver's license on which a designation is made by organ donor decal, code or notation as provided in Title 29-A, section 1402-A. If the donor cannot sign, the document may be signed for the donor at the donor's direction and in the donor's presence. Delivery of the document of gift during the donor's lifetime is not necessary to make the gift valid. [2005, c. 208, §1 (amd).]

3. Donee. The gift may be made to a specified donee or without specifying a donee. If the latter, the gift may be accepted by the attending physician as donee upon or following death. If the gift is made to a specified donee who is not available at the time and place of death, the attending physician, upon or following death in the absence of any expressed indication that the donor desired otherwise, may accept the gift as donee. The physician who becomes a donee under this subsection shall not participate in the procedures for removing or transplanting a part. [1969, c. 193 (new).]

4. Designee. Notwithstanding section 2907, subsection 2, the donor may designate in his will, card or other document of gift the surgeon or physician to carry out the appropriate procedures; provided that eye enucleations may also be performed by a person who has successfully completed a course of training either taught by an ophthalmologist, or given by the New England Eye Bank, and that the person is then examined and certified as qualified to perform eye enucleations by an ophthalmologist licensed to practice in Maine. The course shall include instruction and practice in anatomy and physiology of the eye, maintaining a sterile field during the procedure, use of the appropriate instruments and sterile procedures for removing the corneal button and preserving it in a preservative fluid. In the absence of a designation, or if the designee is not available, the donee or other person authorized to accept the gift may employ or authorize any surgeon or physician for the purpose. [1981, c. 32 (amd).]

5. How made. Any gift by a person designated in section 2902, subsection 2 shall be made by a document signed by him, or made by his telegraphic, recorded telephonic or other recorded message. This subsection includes, but is not limited to, gifts made pursuant to section 2910. Any gift pursuant to section 2910, by a person designated in section 2902, subsection 2, shall be made by a document signed by him, by a telegraphic, recorded telephonic or other recorded message, or by a telephonic message witnessed by at least 2 people in which case the witnesses shall document the telephonic message in writing. [1985, c. 574, §1 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §2905. Delivery of document of gift

Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 6: BIRTHS, MARRIAGES AND DEATHS
Chapter 710: UNIFORM ANATOMICAL GIFT ACT

§2905. Delivery of document of gift

If the gift is made by the donor to a specified donee, the will, card or other document, or an executed copy thereof, may be delivered to the donee to expedite the appropriate procedures immediately after death, but delivery is not necessary to the validity of the gift. The will, card or other document, or an executed copy thereof, may be deposited in any hospital, bank or storage facility or registry office that accepts them for safekeeping or for facilitation of procedures after death. On request of any interested party upon or after the donor's death, the person in possession shall produce the document for examination. [1969, c. 193 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §2906. Amendment or revocation of the gift

Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 6: BIRTHS, MARRIAGES AND DEATHS
Chapter 710: UNIFORM ANATOMICAL GIFT ACT

§2906. Amendment or revocation of the gift

1. Amendment. If the will, card or other document or executed copy thereof has been delivered to a specified donee, the donor may amend or revoke the gift by:

A. The execution and delivery to the donee of a signed statement; or [1969, c. 193 (new).]

B. An oral statement made in the presence of 2 persons and communicated to the donee; or [1969, c. 193 (new).]

C. A statement during a terminal illness or injury addressed to an attending physician and communicated to the donee; or [1969, c. 193 (new).]

D. A signed card or document found on his person or in his effects. [1969, c. 193 (new).]

[1969, c. 193 (new).]

2. Revocation. Any document of gift that has not been delivered to the donee may be revoked by the donor in the manner set out in subsection 1 or by destruction, cancellation or mutilation of the document and all executed copies of the document. [1995, c. 32, §1 (amd).]

3. Other methods. Any gift made by a will may also be amended or revoked in the manner provided for amendment or revocation of wills, or as provided in subsection 1. [1969, c. 193 (new).]

4. Driver's license. [1995, c. 625, Pt. A, §23 (rp).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §2907. Rights and duties at death

Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 6: BIRTHS, MARRIAGES AND DEATHS
Chapter 710: UNIFORM ANATOMICAL GIFT ACT

§2907. Rights and duties at death

1. Accepted or rejected. 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, 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 surviving spouse, next of kin or other persons under obligation to dispose of the body. [1969, c. 193 (new).]

2. Time of death. The time of death must be determined by a physician or nurse practitioner who attends the donor at the donor's death, or, if none, the physician or nurse practitioner who certifies the death. This physician or nurse practitioner may not participate in the procedures for removing or transplanting a part. [2005, c. 359, §7 (amd).]

3. Good faith. A person who acts in good faith in accord with the terms of this chapter, or under the anatomical gift laws of another state or a foreign country, is not liable for damages in any civil action or subject to prosecution in any criminal proceeding for his act. [1969, c. 193 (new).]

4. Applicability of other laws. This chapter is subject to the laws of this State prescribing powers and duties with respect to autopsies and to the provisions of chapter 711, the Medical Examiner Act. [1985, c. 574, §2 (rpr).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §2908. Uniformity of interpretation

Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 6: BIRTHS, MARRIAGES AND DEATHS
Chapter 710: UNIFORM ANATOMICAL GIFT ACT

§2908. Uniformity of interpretation

This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. [1969, c. 193 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §2909. Short title

Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 6: BIRTHS, MARRIAGES AND DEATHS
Chapter 710: UNIFORM ANATOMICAL GIFT ACT

§2909. Short title

This chapter may be cited as the Uniform Anatomical Gift Act. [1969, c. 193 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §2910. Request for consent required to an anatomical gift

Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 6: BIRTHS, MARRIAGES AND DEATHS
Chapter 710: UNIFORM ANATOMICAL GIFT ACT

§2910. Request for consent required to an anatomical gift

1. Request for consent required. When a death occurs in a hospital, a request for consent to an anatomical gift shall be made in accordance with the following provisions.

A. Where, based upon accepted medical standards, a decedent who has not made an anatomical gift is a suitable candidate for organ or tissue donation, the attending physician, or if he is unavailable or if he made the determination of death, the hospital administrator, or his designated representative, shall at the time of death request the person designated in section 2902, subsection 2, to consent to the gift of all or any part of the decedent's body as an anatomical gift for any or all of the purposes expressed in section 2903. This request is subject to all the provisions of this chapter. [1985, c. 574, §3 (new).]

B. Persons who will make requests for anatomical gifts shall be given training in the appropriate procedures for making the request. A person who determined the death of the decedent may not make the request for that decedent. [1985, c. 574, §3 (new).]

[1985, c. 574, §3 (new).]

2. Medical records. When a request for an anatomical gift is made pursuant to this section, the request and its disposition shall be noted in the decedent's medical record. [1985, c. 574, §3 (new).]

3. Interhospital agreements. Hospitals shall develop and implement interhospital agreements among themselves which establish protocols for the retrieval and transportation of all or any part of a body found suitable for transplantation and for the costs associated with transplantation. [1985, c. 574, §3 (new).]

4. Annual reports. Hospitals shall report annually to the commissioner the number of requests for anatomical gifts made and the number of organs retrieved pursuant to this section and the overall impact of this section. This report shall not contain any information which can identify the decedents or any person to whom a request for an anatomical gift was made. [1985, c. 574, §3 (new).]

5. Rules. The commissioner shall establish rules concerning the training of persons who will perform the request for an anatomical gift pursuant to this section and may establish other rules necessary to implement this section. The commissioner shall appoint a committee of medical and hospital representatives to make recommendations regarding rules concerning the interhospital agreements pursuant to subsection 3. [1985, c. 574, §3 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §2911. Honor intent of organ donors

Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 6: BIRTHS, MARRIAGES AND DEATHS
Chapter 710: UNIFORM ANATOMICAL GIFT ACT

§2911. Honor intent of organ donors

1. General rule. The intention of a person to make a donation of that person's own body organ or tissue after death must be honored. In the absence of a revocation or amendment of the donor's execution of the intent to donate under section 2906, Title 18-A, Article 5, Part 8 or Title 29-A, section 1402-A, health care providers licensed in this State and federally designated organ procurement organizations shall act in accordance with the donor's intention and may take appropriate actions to effect the gift. [2005, c. 208, §2 (amd).]

2. Overriding donor intent. [2005, c. 208, §2 (rp).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01

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