Oklahoma § 63-2200.11 - Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1,

§ 63-2200.11. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1,

2009.

NOTE: This section was held unconstitutional by the Oklahoma

Supreme Court in the case of Weddington v. Henry, 202 P.3d 143, 2008

OK 102 (2009).

Oklahoma Statutes - Title 63. Public Health and Safety

§63-2200.11A. Persons who may receive anatomical gift - Purpose of

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 other

appropriate person, for research or education as designated by the

State Anatomical Board;

2. Subject to subsection B of this section, an individual

designated by the person making the anatomical gift if the

individual is the recipient of the part; or

3. An eye bank or tissue bank.

B. If an anatomical gift to an individual under paragraph 2 of

subsection A of this section cannot be transplanted into the

individual, the part passes in accordance with subsection G of this

section 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 subsection A of this section 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 anatomical donor program or non-transplant tissue bank

registered with the State Anatomical Board.

D. For the purpose of subsection C of this section, 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

subsection A of this section 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 subsection G of this section.

Oklahoma Statutes - Title 63. Public Health and Safety

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 for transplantation, research, or therapy, and the

gift passes in accordance with subsection G of this section.

G. For purposes of subsections B, E and F of this section, 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 2 of

subsection A of this section, passes to the organ procurement

organization as custodian of the organ.

I. If an anatomical gift does not pass pursuant to subsections

A through H of this section 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 Sections 2200.5A

or 2200.10A of this title or if the person knows that the decedent

made a refusal under Section 2200.7A of this title that was not

revoked. For purposes of this subsection, 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 2 of subsection A

of this section, nothing in the Oklahoma Uniform Anatomical Gift Act

affects the allocation of organs for transplantation or therapy.

Added by Laws 2009, c. 139, § 11, eff. Nov. 1, 2009. Amended by

Laws 2012, c. 119, § 4, eff. Nov. 1, 2012.