Oklahoma § 63-2200.5 - Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009

§ 63-2200.5. Repealed by Laws 2009, c. 139, § 31, eff.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).

§63-2200.5A. 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 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 subsection B of this section.

B. A donor or other person authorized to make an anatomical

gift under Section 4 of this act 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

Oklahoma Statutes - Title 63. Public Health and Safety

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

paragraph 1 of this subsection.

C. Revocation, suspension, expiration, or cancellation of a

driver 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 shall not of itself be

construed to authorize or direct the denial of health care when the

withholding or withdrawal of such health care will result in or

hasten death of the donor.

Added by Laws 2009, c. 139, § 5, eff. Nov. 1, 2009.