Oklahoma § 63-2200.8 - Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1, 2009

§ 63-2200.8. Repealed by Laws 2009, c. 139, § 31, eff.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).

§63-2200.8A. Preclusive effect of anatomical gift, amendment, or

revocation.

A. Except as otherwise provided in subsection G of this section

and subject to subsection F of this section, in the absence of an

express, contrary indication by the donor, a person other than the

donor is barred from making, amending, or revoking an anatomical

gift of a donor’s body or part if the donor made an anatomical gift

of the donor’s body or part under Section 5 of this act or an

amendment to an anatomical gift of the donor’s body or part under

Section 6 of this act.

B. A donor’s revocation of an anatomical gift of the donor’s

body or part under Section 6 of this act is not a refusal and does

not bar another person specified in Section 4 or 9 of this act from

making an anatomical gift of the donor’s body or part under Section

5 or 10 of this act.

C. If a person other than the donor makes an unrevoked

anatomical gift of the donor’s body or part under Section 5 of this

act or an amendment to an anatomical gift of the donor’s body or

part under Section 6 of this act, another person may not make,

amend, or revoke the gift of the donor’s body or part under Section

10 of this act.

D. A revocation of an anatomical gift of a donor’s body or part

under Section 6 of this act by a person other than the donor does

not bar another person from making an anatomical gift of the body or

part under Section 5 or 10 of this act.

E. In the absence of an express, contrary indication by the

donor or other person authorized to make an anatomical gift under

Section 4 of this act, an anatomical gift of a part is neither a

refusal to give another part nor a limitation on the making of an

anatomical gift of another part at a later time by the donor or

another person.

Oklahoma Statutes - Title 63. Public Health and Safety

F. In the absence of an express, contrary indication by the

donor or other person authorized to make an anatomical gift under

Section 4 of this act, an anatomical gift of a part for one or more

of the purposes set forth in Section 4 of this act is not a

limitation on the making of an anatomical gift of the part for any

of the other purposes by the donor or any other person under Section

5 or 10 of this act.

G. If a donor who is an unemancipated minor dies, a parent of

the donor who is reasonably available may revoke or amend an

anatomical gift of the donor’s body or part.

H. If an unemancipated minor who signed a refusal dies, a

parent of the minor who is reasonably available may revoke the

minor’s refusal.

Added by Laws 2009, c. 139, § 8, eff. Nov. 1, 2009.