N.Y. Pub. Health Law § 4303

§ 4303. Manner of executing anatomical gifts. 1. A gift of all or part\nof the body under this article may be made by will. The gift becomes\neffective upon the death of the testator without waiting for probate. If\nthe will is not probated, or if it is declared invalid for testamentary\npurposes, the gift, to the extent that it has been acted upon in good\nfaith, is nevertheless valid and effective.\n 2. A gift of all or part of the body under this article may also be\nmade by document other than a will. The gift becomes effective upon the\ndeath of the donor. The document, which may be a card designed to be\ncarried on the person, must be signed by the donor. Delivery of the\ndocument of gift during the donor's lifetime is not necessary to make\nthe gift valid.\n 3. The gift may be made either to a specified donee or without\nspecifying a donee. If the latter, the gift may be accepted by and\nutilized under the direction of the attending physician upon or\nfollowing death. If the gift is made to a specified donee who is not\navailable at the time and place of death, the attending physician upon\nor following death, in the absence of any expressed indication that the\ndonor desired otherwise, may accept the gift as donee. The physician who\nbecomes a donee under this subdivision shall not participate in the\nprocedures for removing or transplanting a part.\n 4. Subject to the prohibitions in subdivision two of section four\nthousand three hundred six the donor may designate in his will, card or\nother document of gift the surgeon or physician to carry out the\nappropriate procedures. In the absence of a designation, or if the\ndesignee is not available, the donee or other person authorized to\naccept the gift may employ or authorize any surgeon or physician for the\npurpose.\n * 5. Any gift by a person designated in subdivision two of section\nfour thousand three hundred one of this article shall be by a document\nsigned by him or her or made by his or her telegraphic, recorded\ntelephonic, or other recorded message. Where a gift is made under this\nsubdivision, either: (a) the donor shall indicate in the document or\nmessage that he or she has no actual notice of contrary indications by\nthe decedent and no reason to believe that an anatomical gift is\ncontrary to the decedent's religious or moral beliefs; or (b) an agent\nof the federally designated organ procurement organization or of the\ndonee shall make reasonable effort to inquire of the donor or otherwise\ndetermine that the donor has no actual notice of contrary indications by\nthe decedent and no reason to believe that an anatomical gift is\ncontrary to the decedent's religious or moral beliefs.\n * NB Effective until October 3, 2020\n * 5. Any gift by a person designated in subdivision two of section\nfour thousand three hundred one of this article shall be by a document\nsigned by him or made by his telegraphic, recorded telephonic, or other\nrecorded message.\n * NB Effective October 3, 2020\n