Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gifts

ORS 97.967
Methods for making, amending or revoking anatomical gift of body or body part of decedent by authorized person

(1)

A person authorized to make an anatomical gift under ORS 97.965 (Persons authorized to make anatomical gift of body or body part of decedent) 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.

(2)

Subject to subsection (3) of this section, an anatomical gift by a person authorized under ORS 97.965 (Persons authorized to make anatomical gift of body or body part of decedent) 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 ORS 97.965 (Persons authorized to make anatomical gift of body or body part of decedent) may be:

(a)

Amended only if a majority of the reasonably available members agree to amendment of the gift; or

(b)

Revoked only if a majority of the reasonably available members agree to the revocation of the gift or if they are equally divided as to whether to revoke the gift.

(3)

A revocation under subsection (2) of this section is effective only if, before an incision has been made to remove a body part from the donor’s body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, physician or technician knows of the revocation. [2007 c.681 §9]
Note: See note under 97.951 (Short title).
Chapter 97

Atty. Gen. Opinions

Embalming dead human body without prior authorization from surviving spouse or next of kin, (1981) Vol 41, p 457

Source

Last accessed
Jun. 26, 2021

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