N.Y. Public Health Law § 4303: Manner of executing anatomical gifts

§ 4303. Manner of executing anatomical gifts. 1. A gift of all or part

of the body under this article may be made by will. The gift becomes

effective upon the death of the testator without waiting for probate. If

the will is not probated, or if it is declared invalid for testamentary

purposes, the gift, to the extent that it has been acted upon in good

faith, is nevertheless valid and effective.

2. A gift of all or part of the body under this article may also be

made by document other than a will. The gift becomes effective upon the

death of the donor. The document, which may be a card designed to be

carried on the person, must be signed by the donor. Delivery of the

document of gift during the donor's lifetime is not necessary to make

the gift valid.

3. The gift may be made either to a specified donee or without

specifying a donee. If the latter, the gift may be accepted by and

utilized under the direction of the attending physician upon or

following death. If the gift is made to a specified donee who is not

available at the time and place of death, the attending physician upon

or following death, in the absence of any expressed indication that the

donor desired otherwise, may accept the gift as donee. The physician who

becomes a donee under this subdivision shall not participate in the

procedures for removing or transplanting a part.

4. Subject to the prohibitions in subdivision two of section four

thousand three hundred six the donor may designate in his will, card or

other document of gift the surgeon or physician to carry out the

appropriate procedures. In the absence of a designation, or if the

designee is not available, the donee or other person authorized to

accept the gift may employ or authorize any surgeon or physician for the

purpose.