44-5-143.html

44-5-143.
(a) Any individual who is 18 years of age or older and of sound mind may give all or any part of his body for any purpose specified in Code Section 44-5-144, the gift to take effect upon death.
(b) On or before the occurrence of death in a hospital, when persons in prior classes are not available and in the absence of actual notice of contrary indications by the decedent or actual notice of opposition by a member of the same or a prior class, the hospital administrator or his designated representative shall notify the applicable type of bank or storage facility which shall, if appropriate, request that any of the following persons, in order of priority stated, give all or any part of the decedent´s body for any purpose specified in Code Section 44-5-144:
(1) Any person having the power to permit an anatomical gift of all or part of the body of the decedent if such power is granted pursuant to a health care agency created under Chapter 36 of Title 31, the 'Durable Power of Attorney for Health Care Act';
(2) The spouse;
(3) An adult son or daughter;
(4) Either parent;
(5) An adult brother or sister;
(6) A grandparent;
(7) A guardian of the person of the decedent at the time of his death other than a guardian ad litem appointed for such purpose; or
(8) Any other person authorized or under obligation to dispose of the body.
(c)(1) The hospital administrator or his designated representative shall record in a book kept for this purpose a statement to the effect that the applicable type of bank or storage facility has been notified and whether, if appropriate, a request for a consent to an anatomical gift has been made and shall further indicate whether or not consent was granted, the name of the person granting the consent, and his or her relationship to the decedent.
(2) A request under subsection (b) of this Code section is appropriate only when consent would yield a donation suitable for use pursuant to medical and other criteria as defined by regulations of the Board of Human Resources.
(d) If the donee has actual notice of contrary indications by the decedent or actual notice that a gift by a member of a class is opposed by a member of the same or a prior class, the donee shall not accept the gift. The persons authorized by subsection (b) of this Code section may make the gift after or immediately before death. Upon admission of a person to any hospital, at his request, the hospital shall record in a book kept for the purpose the expression of intent of such person with regard to the disposition of his body and such expression shall be deemed to be sufficient notice under this Code section not to be contravened by opposition from persons listed in subsection (b) of this Code section.
(e) A gift of all or part of a body authorizes any examination necessary to assure medical acceptability of the gift for the purposes intended.
(f) The rights of the donee created by the gift are paramount to the rights of others except as provided by subsections (d) and (e) of Code Section 44-5-148.
(g) The Board of Human Resources shall establish regulations concerning the training of any person or persons who may be designated to perform the request and the procedures to be employed in making it. In addition, the board shall establish such regulations as are necessary to implement appropriate hospital procedures to facilitate the delivery of donations from receiving hospitals to potential recipients.
(h) The Board of Human Resources shall establish such additional rules and regulations as are necessary for the implementation of this Code section.
(i) In promulgating or amending all rules and regulations required for the proper implementation and administration of this Code section, the Board of Human Resources shall consult with and receive input from any and all affected associations, agencies, or entities including but not limited to the Medical Association of Georgia, Lifelink, the Medical College of Georgia Organ and Tissue Donor Services, the Georgia Eye Bank, Inc., and the Georgia Hospital Association.
(j) In the absence of a specification by a decedent or a person authorized to give all or part of the decedent´s body, any eye bank or storage facility that becomes the donee of any part of the decedent´s body shall give preference to potential recipients of that donation of such body part, other than an organ of the decedent, who are residents of this state if:
(1) The donation is medically acceptable to the potential recipients who are residents of this state;
(2) Potential recipients who are residents of other states are not in greater need of the donation than potential recipients who are residents of this state; and
(3) The requisite medical procedure required for the potential recipient to receive the donation will be performed in this state.