Idaho State Statutes - Idaho Attorney Directory

MAKING, AMENDING, REVOKING, AND REFUSING TO MAKE ANATOMICAL
GIFTS BY INDIVIDUAL. (1) An individual who is at least eighteen (18) years of
age may (i) make an anatomical gift for purposes of transplantation, therapy,
research or education, (ii) limit an anatomical gift to one (1) or more of
those purposes, or (iii) refuse to make an anatomical gift.
(2) An anatomical gift may be made only by a document of gift signed by
the donor. If the donor cannot sign, the document of gift must be signed by
another individual and by two (2) witnesses, all of whom have signed at the
direction and in the presence of the donor and of each other, and state that
it has been so signed.
(3) An individual may attach to his application for a driver's license or
identification card a document of gift in compliance with section 39-3413,
Idaho Code. A notation on an individual's driver's license or identification
card that he intends to make an anatomical gift shall be sufficient to satisfy
all requirements for consent to organ or tissue donation; provided however,
that after the effective date of this act, a document of gift in compliance
with section 39-3413, Idaho Code, shall be required before such notation may
be imprinted on an individual's driver's license or identification card.
Revocation, suspension, expiration, or cancellation of the license does not
invalidate the anatomical gift.
(4) A document of gift may designate a particular procurement entity to
carry out the appropriate procedures. In the absence of a designation or if
the designee is not available or is unable or unwilling to perform the
procedures, any procurement entity authorized under this chapter may carry out
the appropriate procedures.
(5) An anatomical gift by will takes effect upon death of the testator,
whether or not the will is probated. If, after death, the will is declared
invalid for testamentary purposes, the validity of the anatomical gift is
unaffected.
(6) A donor may amend or revoke an anatomical gift, not made by will,
only by:
(a) A signed statement;
(b) An oral statement made in the presence of two (2) individuals;
(c) Any form of communication during a terminal illness or injury
addressed to a physician or surgeon; or
(d) The delivery of a signed statement to a specified procurement entity
to whom a document of gift had been delivered.
(7) The donor of an anatomical gift made by will may amend or revoke the
gift in the manner provided for amendment or revocation of wills, or as
provided in subsection (6) of this section.
(8) An anatomical gift that is not revoked by the donor before death is
irrevocable and does not require the consent or concurrence of any person
after the donor's death.
(9) An individual may refuse to make an anatomical gift of the
individual's body or part by (i) a writing signed in the same manner as a
document of gift, (ii) attaching a statement on his driver's license or
identification card, or (iii) any other writing used to identify the
individual as refusing to make an anatomical gift. During a terminal illness
or injury, the refusal may be an oral statement or other form of
communication.
(10) In the absence of contrary indications by the donor, an anatomical
gift or a part is neither a refusal to give other parts nor a limitation on an
anatomical gift under section 39-3404, Idaho Code, or on a removal or release
of other parts under section 39-3405, Idaho Code.
(11) In the absence of contrary indications by the donor, a revocation or
amendment of an anatomical gift is not refusal to make another anatomical
gift. If the donor intends a revocation to be refusal to make an anatomical
gift, the donor shall make the refusal pursuant to subsection (9) of this
section.

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