[ Text of section effective until February 22, 2012. Repealed by 2012, 39, Sec. 2.]
Section 10. (a) A gift of all or part of the body under subsection (a) of section eight may be made by will. Such gift shall become effective upon the death of the testator. If the will is not probated, or if it is declared invalid for testamentary purposes, such gift, to the extent that it has been acted upon in good faith, shall be nevertheless valid and effective.
(b) A gift of all or part of the body under subsection (a) of section eight may also be made by a document other than a will. Such gift shall become effective upon the death of the donor.
In the case of a gift of a living donor intended for transplantation, the donor shall authorize such gift in a document signed by the donor and also by at least two of the physicians who are to participate in the transplantation operation and who shall have previously examined the donor in connection with his gift. In all cases other than those involving the gift of a living donor, the document may be a card designed to be carried on the person which shall be signed by the donor in the presence of two competent witnesses who shall attest to and subscribe the document in said donor's presence. If the donor cannot sign, the document may be signed for him at his direction and in his presence, and in the presence of two witnesses who must sign the document in his presence. Delivery of such document during the donor's lifetime is not necessary to make the gift valid.
(c) The gift may be made to a specified donee or without specifying a donee. If no donee is specified, the gift may be accepted by the attending physician as donee upon the death of the donor. If the gift is made to a specified donee who is not available at the time and place of death, the attending physician upon the death of the donor, 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 subsection shall not participate in the procedures for removing or transplanting a part.
(d) Notwithstanding subsection (c) of section thirteen, the donor may designate in his will, card or other document of gift the surgeon or physician to carry out the appropriate procedures; provided, however, that eye enucleations may be performed also by a technician who has successfully completed a course of training acceptable to the Eye Bank of the Massachusetts Eye and Ear Infirmary. 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 said purpose.
(e) Any gift by a person designated in subsection (c) of section eight shall be made by a document signed by him, or made by his telegraphic, recorded telephonic or other recorded message.