Title 44, Chapter 5, Section 148
( 44-5-148)
(a) The donee may accept or reject the gift. If the donee accepts a
gift of the entire body, he may, subject to the terms of the gift,
authorize embalming and using the body in funeral services. If the
gift is of a part of the body, the donee, upon the death of the
donor and prior to embalming, shall cause the part to be removed
without unnecessary mutilation. After removal of the part, custody
of the remainder of the body vests in the surviving spouse, next of
kin, or other persons under obligation to dispose of the body. (b) The time of death shall be determined by a physician who attends
the donor at his death or, if there is no attending physician, by
the physician who certifies the death. The physician shall not
participate in the procedures for removing or transplanting a part. (c) A person who acts in good faith in accordance with the terms of
this article is not liable for damages in any civil action or
subject to prosecution in any criminal proceeding for his act. (d) This article is subject to the laws of this state prescribing
powers and duties with respect to autopsies. (e) Nothing in this article shall restrict the power of a coroner or medical examiner to limit an anatomical gift of all or part of a person's body when a medical examiner's inquiry is required of that person's death pursuant to Code Section 45-16-24. |