7150.50
. (a) An anatomical gift may be made to any of the following
persons named in the document of gift:
(1) A hospital, accredited medical school, dental school, college,
university, or organ procurement organization, for research or
education.
(2) Subject to subdivision (b), an individual designated by the
person making the anatomical gift if the individual is the recipient
of the part.
(3) An eye bank, or tissue bank.
(b) If an anatomical gift to an individual under paragraph (2) of
subdivision (a) cannot be transplanted into the individual, the part
passes in accordance with subdivision (g) 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 subdivision (a) but identifies the purpose for which an
anatomical gift may be used, all of the following rules shall 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.
(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 procurement organization.
(d) For the purpose of subdivision (c), 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 shall 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
subdivision (a) and does not identify the purpose of the gift, the
gift shall be used only for transplantation or therapy, and the gift
passes in accordance with subdivision (g).
(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, therapy, research, or education, and the
gift passes in accordance with subdivision (g).
(g) For purposes of subdivisions (b), (e), and (f) all of the
following rules shall 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.
(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 subdivision
(a), passes to the organ procurement organization as custodian of the
organ.
(i) If an anatomical gift does not pass pursuant to subdivisions
(a) to (h), inclusive, 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 shall not accept an anatomical gift if the person
knows that the gift was not effectively made under Section 7150.20 or
7150.45 or if the person knows that the decedent made a refusal
under Section 7150.30 that was not revoked. For purposes of this
subdivision, 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 subdivision
(a), nothing in this chapter affects the allocation of organs for
transplantation or therapy.