Sec. 692A.004. PERSONS AUTHORIZED TO MAKE ANATOMICAL GIFT BEFORE DONOR'S DEATH  


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  • Subject to Section 692A.008, an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in Section 692A.005 by:

    (1) the donor, if the donor is an adult or if the donor is a minor and is:

    (A) emancipated; or

    (B) authorized under state law to apply for a driver's license because the donor is at least 16 years of age and:

    (i) circumstances allow the donation to be actualized prior to 18 years of age; and

    (ii) an organ procurement organization obtains signed written consent from the minor's parent, guardian, or custodian as in Subdivision (3);

    (2) an agent of the donor, unless the medical power of attorney or other record prohibits the agent from making an anatomical gift;

    (3) a parent of the donor, if the donor is an unemancipated minor; or

    (4) the donor's guardian.

Added by Acts 2009, 81st Leg., R.S., Ch. 186 , Sec. 1, eff. September 1, 2009.