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[Utah Code Table of Contents]
[TITLE 26. Table of Contents]
26-28-1 Short title.
This chapter is known as the "Uniform Anatomical Gift
Act."
1990
26-28-2 Definitions.
As used in this chapter:
(1) "Anatomical gift" means the giving of permission for a person authorized in this chapter to remove parts of the human body as limited in the document of gift after death of the human body and use them for the purposes listed in Subsection 26-28-3 (1).
(2) "Decedent" means a deceased individual and includes a stillborn infant or fetus.
(3) "Document of gift" means a card, a will, or other writing used to make an anatomical gift in compliance with this chapter.
(4) "Donor" means an individual who, prior to his death, executes a document of gift concerning all or part of his own body.
(5) "Evidence of a document of gift" means a statement attached to or imprinted on any license to operate a motor vehicle or any other writing expressing a desire to make an anatomical gift or giving evidence of the existence of a document of gift.
(6) "Hospital" means a general acute hospital and specialty hospital facility licensed in accordance with Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act, or by the United States government.
(7) "Organ procurement organization" means an organization recognized by the United States Department of Health and Human Services as meeting the requirements of 42 U.S.C. Section 273.
(8) "Part" means an organ, tissue, eye, bone, blood vessel, blood, fluid, or other portion of a human body.
(9) "Physician" means a person licensed to practice medicine under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, or under Title 58, Chapter 67, Utah Medical Practice Act, or a person similarly licensed in any state.
(10) "Procurement entity" means:
(a) an organ procurement organization; or
(b) a hospital, medical school, physician, eye bank, or tissue bank.
(11) "Technician" means a person certified by the American
Association of Tissue Banks as a certified tissue bank specialist.
2001
26-28-3 Anatomical gifts - Eligibility to make - Procedures.
(1) An individual who is 18 years of age or older may refuse to make an anatomical gift of any part of his own body or may make an anatomical gift of specific parts or of all of his own body to allow any part of his own body to be used for transplantation, therapy, medical or dental education, research, or the advancement of medical or dental science.
(2) In making an anatomical gift, the individual may:
(a) limit an anatomical gift to one or more of the purposes listed in Subsection (1); or
(b) limit an anatomical gift to specific parts of his body.
(3) An individual may make an anatomical gift only by signing a document of gift. If the individual is physically unable to sign, another person may sign the document of gift in the individual's and two witnesses' presence, and state that the document of gift has been signed in accordance with the individual's wishes.
(4) Revocation, expiration, or suspension of a license to operate a motor vehicle does not invalidate a document of gift evidenced by the license.
(5) A document of gift may designate a particular procurement entity to carry out the appropriate procedures. In the absence of a designation or if the designee is not available, or is unable to perform the procedures, or does not desire to perform the procedures, any procurement entity authorized under this chapter may carry out the appropriate procedures.
(6) An anatomical gift made by will takes effect upon death of the testator, regardless of whether the will is probated. If upon submission to probate, the will is declared invalid, the validity of the anatomical gift is unaffected.
(7) A donor, or the person who signed a document of gift on behalf of the donor under Subsection (3), may amend or revoke an anatomical gift that is not made by will, only by:
(a) a signed statement;
(b) an oral statement made in the presence of two persons;
(c) any form of communication during a terminal illness or injury addressed to a physician; or
(d) the delivery of a signed statement to the procurement entity with whom a document of gift has been deposited.
(8) A person who executes a document of gift as a component of his will may amend or revoke the gift in accordance with Section 75-2-507 or as provided in Subsection (7).
(9) A document of gift that is not revoked by the donor before death is irrevocable and does not require the consent or concurrence of any person after the donor's death.
(10) In the absence of contrary indications by the donor, an anatomical gift of a part is neither a refusal to give other parts nor a limitation on an anatomical gift under Section 26-28-4 .
(11) In the absence of contrary indications by the donor, a revocation or amendment of one document of gift is not a refusal to make another subsequent anatomical gift. If the donor intends a revocation to be a refusal to make any anatomical gift, the donor shall make the refusal pursuant to Subsection (12).
(12) (a) An individual may refuse to make an anatomical gift by:
(i) a writing signed in the same manner as a document of gift provided for in Subsection (3);
(ii) a statement attached to or imprinted on a license to operate a motor vehicle; or
(iii) any other writing used to identify the person as refusing to make an anatomical gift; or
(b) during a terminal illness or injury, refusing to make
an anatomical gift by making an oral or nonverbal communication
witnessed by a person 18 years of age or older.
1995
26-28-4 Anatomical gifts by others - Donations or revocations.
(1) Unless a person made an unrevoked refusal to make an anatomical gift, in accordance with Subsection 26-28-3 (12), any of the following persons, in order of priority listed, may make an anatomical gift of all or a part of a decedent's body in accordance with this chapter:
(a) the decedent's spouse;
(b) the decedent's adult son or daughter;
(c) either of the decedent's parents;
(d) the decedent's brother or sister who is 18 years of age or older;
(e) the decedent's grandparent; or
(f) the decedent's court appointed guardian at the time of the decedent's death.
(2) A person listed in Subsection (1) may not make an anatomical gift if:
(a) a person in a prior class is available at the time of death to determine whether to make an anatomical gift;
(b) he knows of a refusal or contrary indications made by the decedent; or
(c) he knows of an objection to making an anatomical gift by a member of the person's class or a prior class.
(3) A person authorized in accordance with this section may make an anatomical gift only by:
(a) signing a document of gift;
(b) making a telegraphic, facsimile, recorded telephonic, or other recorded message; or
(c) making any other form of communication directed to and received simultaneously by two individuals, one of whom immediately reduces the communication to writing, and both individuals sign it.
(4) A person of the same or prior class may revoke an anatomical gift made by a person authorized in accordance with Subsection (1) if the procurement entity knows of the revocation before a designee or employee of the entity has begun to physically remove the part.
(5) A failure to make an anatomical gift under this section
is not an objection to or refusal to the making of an anatomical
gift.
1995
26-28-5 Authorization by medical examiner for anatomical gift.
(1) The medical examiner may release and permit the removal of a part from a body within his custody without a document of gift having been executed by the decedent or one of the persons listed in Subsection 26-28-4 (1) for transplantation, therapy, medical or dental education, research, or advancement of medical or dental science, if:
(a) he has received a request for the part from a procurement entity;
(b) he has made a reasonable effort, or has caused others to make a reasonable effort, taking into account the useful life of the part, to locate and examine the decedent's medical records and inform persons listed in Section 26-28-4 of their option to make an anatomical gift;
(c) after making reasonable efforts, he has been unable to locate one of the persons listed in Subsection 26-28-4 (1);
(d) he does not know of a refusal or contrary indication by the decedent or by a person listed in Section 26-28-4 ;
(e) the removal will be by a person authorized to remove parts under this chapter;
(f) the removal will not interfere with any autopsy or investigation;
(g) the removal will be in accordance with accepted medical standards; and
(h) cosmetic restoration will be carried out.
(2) A medical examiner who releases and permits removal
of a part under this section shall permanently maintain a
record of the name of a decedent, the person making the request,
the date and the purpose of the request, the part requested,
and the person to whom it was released.
1995
26-28-6 Routine inquiry and required request - Search and notification.
(1) At or near the time of a patient's death, the administrator of the hospital where the patient is being treated or a representative designated by the administrator shall:
(a) notify the appropriate organ procurement organization of the imminent or actual death of the patient;
(b) ensure, in collaboration with the organ procurement organization, that readily available persons listed as having priority in Section 26-28-4 are informed of the option to make or refuse to make an anatomical gift in accordance with Section 26-28-4 , with reasonable discretion and sensitivity appropriate to the circumstances of the family;
(c) enter the required information on a Utah Anatomical Consent Form or hospital death form as adopted by the department, which may include the patient's name and demographic information, medical suitability of the patient, the response of the person to whom the request was made and the person's relationship to the patient, and if the patient does not meet the medical criteria, the reasons he did not meet the criteria; and
(d) obtain the signature of the one having the highest priority of the readily available persons listed as having priority in Section 26-28-4 , signifying whether he consented or declined to consent to the making of an anatomical gift on behalf of the patient.
(2) For purposes of Subsection (1)(b), the individual designated by the hospital to initiate the request to the family must be an organ procurement representative or an individual who has completed a course offered or approved by the organ procurement organization and designed in conjunction with the tissue and eye bank community in the methodology for approaching potential donor families.
(3) (a) A law enforcement officer, fireman, emergency medical services provider, or other emergency rescuer who finds an individual who is deceased or near death, and a hospital, upon the admission of an individual at or near death, shall:
(i) make a reasonable search for a document of gift or other information identifying whether the individual has made or refused to make an anatomical gift; and
(ii) if he finds a document of gift, evidence of a document of gift, or evidence of refusal, notify the hospital to which the individual is taken and deliver the evidence to the hospital.
(b) When a law enforcement officer, fireman, emergency medical services provider, or other emergency rescuer finds an individual who is deceased at the scene of a motor vehicle accident, and when the deceased individual is transported from the scene of the accident to a funeral establishment licensed under Title 58, Chapter 9, Funeral Services Licensing Act:
(i) the law enforcement officer, firemen, emergency medical services provider, or other emergency rescuer shall as soon as reasonably possible, notify the appropriate organ procurement organization of:
(A) the identity of the deceased individual, if known; and
(B) the name and location of the funeral establishment which received custody of and transported the deceased individual; and
(ii) the funeral establishment receiving custody of the deceased individual under this Subsection (3) may not embalm the body of the deceased individual until:
(A) the funeral establishment receives notice from the organ procurement organization that the readily available persons listed as having priority in Section 26-28-4 have been informed by the individual described in Subsection (2) of the option to make or refuse to make an anatomical gift in accordance with Section 26-28-4 , with reasonable discretion and sensitivity appropriate to the circumstances of the family;
(B) in accordance with federal law, prior approval for embalming has been obtained from a family member or other authorized person; and
(C) the period of time in which embalming is prohibited under Subsection (3)(b)(ii) may not exceed 24 hours after death.
(4) A hospital shall notify the appropriate organ procurement organization that a part is available if a person known to be a donor, and at or near death, is in transit to the hospital.
(5) The hospital and funeral establishment shall cooperate in the release and removal of the anatomical gift.
(6) A person who fails to discharge the duties imposed
by this section is not subject to civil or criminal liability
but is subject to appropriate administrative sanctions against
the professional certification or license and against the
facility's license.
2002
26-28-7 Persons eligible to act pursuant to anatomical gifts.
(1) Only a procurement entity may be given permission to act pursuant to an anatomical gift.
(2) Only the following individuals may perform the physical removal of a part pursuant to an anatomical gift:
(a) a physician;
(b) a technician;
(c) an individual who works according to protocols established by a technician, reports directly to that technician, and receives specific case-by-case assignments from that technician to remove parts as directed by the technician to whom he reports;
(d) an individual who works according to protocols established by a physician, reports directly to that physician, and receives specific case-by-case assignments from that physician to remove parts as directed by the physician to whom he reports; and
(e) a person certified by the Utah Lions Eye Bank or Eye Bank Association of America, but only for the removal of eyes or parts of eyes.
(3) If a procurement entity proposing to act under an
anatomical gift knows of the decedent's refusal or contrary
indications to making an anatomical gift or that a person
listed in Section
26-28-4
who has priority is opposed to the gift, the
procurement entity may not act pursuant to the anatomical
gift.
1995
26-28-8 Delivery of document of gift.
(1) A document of gift need not be delivered to any person during the donor's lifetime or period of capacity to be valid.
(2) (a) A donor, or his agent, may deposit a document of gift with a procurement entity to facilitate the appropriate procedure after his death.
(b) A donor, or his authorized agent, may deposit the document of gift, or a copy, with any procurement entity for safekeeping or for facilitation of procedures after death.
(3) On request of another procurement entity or upon or
after the donor's death, the person in possession shall allow
an interested person to examine or copy the document of gift.
1995
26-28-9 Rights and duties at death.
(1) (a) Upon acceptance of a document of gift, the procurement entity's right to the part or parts listed in the document of gift is superior to rights of others except to autopsies in accordance with Section 26-28-11 .
(b) If the procurement entity accepts the document of gift concerning an entire body, the procurement entity, subject to the terms of the gift, may allow embalming and use of the body in funeral services.
(c) If the gift is of a part of the body, the procurement entity, upon death of the donor and before embalming, shall cause the removal of the part without unnecessary mutilation. After removal, the person with the responsibility to dispose of the remains shall take custody of the body.
(2) The physician who attends the donor at his death shall determine the time of death. If no physician attends the death, a physician shall certify to the time. The physician who determines the time of death may not participate in the transplantation or removal procedures.
1995
26-28-10 Sale or purchase of parts prohibited.
(1) A person may not knowingly, for valuable consideration, purchase or sell a part of his or another's body if removal of the part is intended to occur after death of the body from which the part would be removed.
(2) Valuable consideration does not include reasonable payment for the removal, processing, disposal, preservation, quality control, storage, transportation, implantation of a part, and administration of a procurement entity, including educational and other efforts to encourage anatomical gifts.
(3) Anyone violating this section is guilty of a third
degree felony.
1995
26-28-11 Examination - Liability.
(1) (a) An anatomical gift authorizes a health care provider or its licensed agents, as each is allowed within the scope of his license, to perform any reasonable examination necessary, either prior to or after death, to assure that the part is medically acceptable for the purposes allowed under this chapter and stated in the document of gift.
(b) An anatomical gift authorizes the persons who may act pursuant to an anatomical gift under Section 26-28-7 to perform any reasonable examination necessary after death to assure that the part is medically acceptable for the purposes allowed under this chapter and the document of gift.
(2) The provisions of this chapter are subject to Title 26, Chapter 4, Utah Medical Examiner Act.
(3) Any person who acts in good faith and in accordance with this chapter, or an anatomical gift law of another state or foreign country is not liable for his actions in a civil action or criminal proceeding.
(4) Neither the person who executes a document of gift in accordance with Section 26-28-3 or Section 26-28-4 , nor the decedent's estate is liable for any injury or damage that may result from use of the part.
(5) The decedent's family, his next of kin, and the maker
of the document of gift are not responsible for the costs
of procurement or the costs incurred to preserve the integrity
of the body or the parts for the purposes listed in this
chapter or listed in the document of gift.
1995
26-28-12 Uniformity of application and construction.
This chapter shall be applied and construed to make uniform
the law of anatomical gifts among states that have enacted
the Uniform Anatomical Gift Act, unless a provision in this
chapter is different in substance from the Uniform Anatomical
Gift Act.
1990
