Oklahoma § 63-2200.7 - Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009

§ 63-2200.7. Repealed by Laws 2009, c. 139, § 31, eff.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).

§63-2200.7A. 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:

a.

the individual, or

b.

subject to subsection B of this section, 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 subparagraph b of paragraph 1 of

subsection A of this section 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

paragraph 1 of this subsection.

C. An individual who has made a refusal may amend or revoke the

refusal:

1. In the manner provided in subsection A of this section for

making a refusal;

2. By subsequently making an anatomical gift pursuant to

Section 4 of this act that is inconsistent with the refusal; or

Oklahoma Statutes - Title 63. Public Health and Safety

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 subsection H of Section 8 of

this act, 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.

Added by Laws 2009, c. 139, § 7, eff. Nov. 1, 2009.