Section 39-3401: As used in this chapter:
(1) "Anatomical gift" means a donation of all or part of a human body to take effect upon or after death.
(2) "Decedent" means a deceased individual and includes a stillborn infant or fetus.
(3) "Document of gift" means a card, a statement attached to a motor vehicle driver's license or an identification card, a will, or other writing used to make an anatomical gift.
(4) "Donor" means an individual who makes an anatomical gift of all or part of the individual's body.
(5) "Enucleation" means removing or processing eyes or parts of eyes.
(6) "Enucleator" means an individual who has completed a course in eye enucleation and has a certificate of competence from the Idaho Eye Bank or the Eye Bank Association of America.
(7) "Hospital" means a facility licensed, accredited, or approved as a hospital under the laws of any state or a facility operated as a hospital by the United States government, a state, or a subdivision of a state.
(8) "Part" means an organ, tissue, eye, bone, artery, blood, fluid, or other portion of a human body.
(9) "Person" means an individual, corporation, business trust, estate, trust, partnership, joint venture, association, government, governmental subdivision or agency, or any other legal or commercial entity.
(10) "Physician" or "surgeon" means an individual licensed or otherwise authorized to practice medicine and surgery or osteopathy and surgery under the laws of any state.
(11) "Procurement entity" means an organ procurement organization or a hospital, medical school, physician, eye bank or tissue bank.
(12) "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.
(13) "State" means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.
(14) "Technician" means a person who is individually certified as a certified tissue bank specialist by the American Association of Tissue Banks or by a tissue organization certified by the American Association of Tissue Banks.
Section 39-3403:
(1) An individual who is at least eighteen (18) years of age may:
(i) make an anatomical gift for purposes of transplantation, therapy, research or education,
(ii) limit an anatomical gift to one (1) or more of those purposes, or
(iii) refuse to make an anatomical gift.
(2) An anatomical gift may be made only by a document of gift signed by the donor. If the donor cannot sign, the document of gift must be signed by another individual and by two (2) witnesses, all of whom have signed at the direction and in the presence of the donor and of each other, and state that it has been so signed.
(3) An individual may attach to his application for a driver's license or identification card a document of gift in compliance with section 39-3413, Idaho Code. A notation on an individual's driver's license or identification card that he intends to make an anatomical gift shall be sufficient to satisfy all requirements for consent to organ or tissue donation; provided however, that after the effective date of this act, a document of gift in compliance with section 39-3413, Idaho Code, shall be required before such notation may be imprinted on an individual's driver's license or identification card. Revocation, suspension, expiration, or cancellation of the license does not invalidate the anatomical gift.
(4) 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 or unwilling to perform the procedures, any procurement entity authorized under this chapter may carry out the appropriate procedures.
(5) An anatomical gift by will takes effect upon death of the testator,whether or not the will is probated. If, after death, the will is declared invalid for testamentary purposes, the validity of the anatomical gift is unaffected.
(6) A donor may amend or revoke an anatomical gift, not made by will, only by:
(a) A signed statement;
(b) An oral statement made in the presence of two (2) individuals;
(c) Any form of communication during a terminal illness or injury addressed to a physician or surgeon; or
(d) The delivery of a signed statement to a specified procurement entity to whom a document of gift had been delivered.
(7) The donor of an anatomical gift made by will may amend or revoke the gift in the manner provided for amendment or revocation of wills, or as provided in subsection (6) of this section.
(8) An anatomical 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.
(9) An individual may refuse to make an anatomical gift of the individual's body or part by:
(i) a writing signed in the same manner as a document of gift,
(ii) attaching a statement on his driver's license or identification card, or
(iii) any other writing used to identify the individual as refusing to make an anatomical gift. During a terminal illness or injury, the refusal may be an oral statement or other form of communication.
(10) In the absence of contrary indications by the donor, an anatomical gift or a part is neither a refusal to give other parts nor a limitation on an anatomical gift under section 39-3404, Idaho Code, or on a removal or release of other parts under section 39-3405, Idaho Code.
(11) In the absence of contrary indications by the donor, a revocation or amendment of an anatomical gift is not refusal to make another anatomical gift. If the donor intends a revocation to be refusal to make an anatomical gift, the donor shall make the refusal pursuant to subsection (9) of this section.M
Section 39-3404:
(1) Any member of the following classes of persons, in the order of priority listed, may make an anatomical gift of all or a part of the decedent's body for an authorized purpose, unless the decedent, at the time of death, has made an unrevoked refusal to make that anatomical gift:
(a) The holder of an unrevoked durable power of attorney for health care;
(b) The spouse of the decedent;
(c) An adult son or daughter of the decedent;
(d) Either parent of the decedent;
(e) An adult brother or sister of the decedent;
(f) A grandparent of the decedent; and
(g) A guardian of the person of the decedent at the time of death.
(2) An anatomical gift may not be made by a person listed in subsection (1), of this section if:
(a) A person in a prior class is available at the time of death to make an anatomical gift;
(b) The person proposing to make an anatomical gift knows of a refusal or contrary indications by the decedent; or
(c) The person proposing to make an anatomical gift knows of an objection to making an anatomical gift by a member of the person's class or a prior class.
(3) An anatomical gift by a person authorized under subsection (1) of this section, must be made by:
(i) a document of gift signed by the person or
(ii) the person's telegraphic, recorded telephonic, or other recorded message, or other form of communication from the person that is contemporaneously reduced to writing and signed by the recipient.
(4) An anatomical gift by a person authorized under subsection (1) of this section, may be revoked by any member of the same or a prior class if, before procedures have begun for the removal of a part from the body of the decedent, the physician, surgeon, technician, or enucleator removing the part knows of the revocation.
(5) A failure to make an anatomical gift under subsection (1) of this section, is not an objection to the making of an anatomical gift.
Section 39-3405:
(1) The coroner may release and permit the removal of a part from a body within that official's custody, for transplantation or therapy if:
(a) The official has received a request for the part from a procurement entity;
(c)the procurement entity has made a reasonable effort, taking into account the useful life of the part, to locate and examine the decedent's medical records and, in the absence of a document of gift or other evidence of an individual's intention to make or refuse to make an anatomical gift, inform persons listed in section 39-3404(1), Idaho Code, in accordance with the provisions of section 39-3413A, Idaho Code, of their option to make, or refuse to make, an anatomical gift;
(c) The official does not know of a refusal or contrary indication by the decedent or objection by a person having priority to act as listed in section 39-3404(1), Idaho Code;
(d) The removal will be by a procurement entity;
(e) The removal will not interfere with any autopsy or investigation;
(f) The removal will be in accordance with accepted medical standards; and
(g) Cosmetic restoration will be done, if appropriate.
(2) If the body is not within the custody of the coroner, the local public health officer may release and permit the removal of any part from a body in the local public health officer's custody for transplantation or therapy if the requirements of subsection (1) of this section are met.
(3) An official releasing and permitting the removal of a part shall maintain a permanent record of the name of the decedent, the person making the request, the date and purpose of the request, the part requested, and the person to whom it was released.
Section 39-3406:
(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 such administrator, shall:
(a) Notify the appropriate organ procurement organization of the imminent or actual death of the patient;
(b) In the absence of a document of gift or other evidence of an individual's intention to make or refuse to make an anatomical gift, and in collaboration with the organ procurement organization and/or procurement entity, ensure that available persons listed as having priority in section 39-3404, Idaho Code, are informed of the option to make or refuse to make an anatomical gift in accordance with section 39-3404, Idaho Code, with reasonable discretion and sensitivity appropriate to the circumstances of the family;
(c) Obtain the signature of the person having the highest priority of the available persons listed in section 39-3404, Idaho Code, as having priority, signifying whether such person consents or refuses to consent to the making of an anatomical gift on behalf of the patient; and
(d) Enter into the medical records of the patient the name and affiliation of the individual making the request and the name, response and relationship to the patient of the person to whom the request was made.
(2) For purposes of this section, 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 an organ procurement organization and designed in conjunction with tissue and eye bank organizations to address methods for approaching potential donor families.
(3) A procurement organization or procurement entity making a request pursuant to the provisions of this section shall maintain in its patient records a written record of the name and affiliation of the individual making the request and the name, response and relationship to the patient of the person to whom the request was made.
(4) A law enforcement officer, firefighter, paramedic, emergency medical services provider or other emergency rescuer finding an individual who the searcher believes is dead or near death, and a hospital, upon the admission of an individual at or near the time of death, shall:
(a) 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
(b) If a document of gift or evidence of refusal to make an anatomical gift is located by the search required by paragraph (4)(a) of this subsection, and the individual or body to whom it relates is taken to a hospital, notify the hospital of the contents and send the document or other evidence to the hospital.
(5) A person who fails to discharge the duties imposed by this section is not subject to criminal or civil liability but is subject to appropriate administrative sanctions.
Section 39-3407:
(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, provided that parts for transplantation shall not be transplanted or transfused under any condition unless accompanied by a medical certificate which states that the part comes from a person who has been tested for HIV antibodies or antigens, and that the test is negative for the presence of HIV antibodies or antigens:
(a) Physicians;
(b) Technicians;
(c) Individuals who:(i) Work according to protocols established by a physician or technician;
(ii) Report directly to such physician or technician; and
(iii) Receive from such physician or technician specific case-by-case assignments to remove parts.
(d) For removal of eyes or parts of eyes only, persons certified by the Idaho Eye Bank or the Eye Bank Association of America.
(3) A procurement entity may not act under an anatomical gift if the entity knows of the decedent's refusal or contrary intentions to make an anatomical gift, or that a person listed in section 39-3404, Idaho Code, who has priority, refuses such gift.
Section 39-3408:
(1) Delivery of a document of gift during the donor's lifetime is not required for the validity of an anatomical gift.
(2) If an anatomical gift is made to a designated procurement entity, the document of gift, or a copy, may be delivered to the procurement entity to expedite the appropriate procedures after death. The document of gift, or a copy, may be deposited in any hospital, procurement organization, or registry office that accepts it for safekeeping or for facilitation of procedures after death. On request of an interested person, upon or after the donor's death, the person in possession shall allow the interested person to examine or copy the document of gift.
Section 39-3409:
(1) Rights of a procurement entity created by an anatomical gift are superior to rights of others except with respect to autopsies under section 39-3412(1), Idaho Code. Subject to the certification requirements of section 39-3407, Idaho Code, a procurement entity may accept or reject an anatomical gift. If a procurement entity accepts an anatomical gift of an entire body, the procurement entity, subject to the terms of the gift, may allow embalming and use of the body in funeral services. If the gift is of a part of a body, the procurement entity, upon the death of the donor and before 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 person under obligation to dispose of the body.
(2) The time of death must be determined by a physician or surgeon who attends the donor at death or, if none, the physician or surgeon who certifies the death. Neither the physician or surgeon who attends the donor at death nor the physician or surgeon who determines the time of death may participate in the procedures for removing or transplanting a part unless the document of gift designates a particular physician or surgeon pursuant to section 39-3403(4), Idaho Code.
(3) If there has been an anatomical gift, a technician may remove any donated parts and an enucleator may remove any donated eyes or parts of eyes, after determination of death by a physician or surgeon.
Section 39-3410:
Each hospital in this state, after consultation with other hospitals and procurementorganizations, shall establish agreements or affiliations for coordination of procurement and use of human bodies and parts.
Section 39-3411:
(1) A person may not knowingly, for valuable consideration purchase or sell a part for transplantation or therapy, if removal of the part is intended to occur after the death of the decedent.
(2) Valuable consideration does not include reasonable payment for the removal, processing, disposal, preservation, quality control, storage, transportation, or implantation of a part.
(3) A coroner acting pursuant to this section shall not authorize the removal of a part from a body within the coroner's custody if the coroner, or any deputy or agent of the coroner, derives or may derive any direct or indirect financial benefit relative to the removal, donation or use of the part.
(4) A person who violates this section is guilty of a felony and upon conviction is subject to a fine not exceeding fifty thousand dollars ($50,000) or imprisonment not exceeding five (5) years, or both.
Section 39-3412:
(1) An anatomical gift authorizes any reasonable examination necessary to assure medical acceptability of the gift for the purposes intended.
(2) The provisions of this chapter are subject to the laws of this state governing autopsies.
(3) A hospital, physician, surgeon, coroner, local public health officer, enucleator, technician or other person who acts in accordance with this chapter or with the applicable anatomical gift law of another state or a foreign country or who attempts in good faith to do so is not liable for that act in a civil action or criminal proceeding.
(4) An individual who makes an anatomical gift pursuant to section 39-3403 or 39-3404, Idaho Code, and the individual's estate are not liable for any injury or damage that may result from the making or the use of the anatomical gift.
(5) The decedent's family, the decedent's 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.
Section 39-3413:
(1) A document containing the following information is sufficient to comply with the provisions of this chapter for the making of an anatomical gift by a living donor or the refusal to make such a gift:
(a) A statement, signed and dated by the donor, that upon the donor's death he or she gives:(i) Any needed organs, tissues or parts or only specified organs, tissues or parts; and
(ii) The purpose or purposes for which such organs, tissues or parts may be used, including transplantation, therapy, research or education; or
(b) A statement, signed and dated by the donor, that the donor refuses to make any anatomical gift.
(2) Any document evidencing a living donor's intent to make an anatomical gift, or the refusal to make such a gift, shall also contain the printed name of the donor and the donor's date of birth and current address.
Section 39-3413A:
In the absence of a document of gift or other evidence of an individual's intention to make or refuse to make an anatomical gift, the following information shall be provided to any person or persons, listed in section 39-3404(1), Idaho Code, approached for purposes of obtaining informed consent:
(1) A confirmation of the donor's identity and his or her clinical terminal condition;
(2) A general description of the purposes of anatomical gift donation;
(3) Identification of specific organs and/or tissues, including cells, that are being requested for donation, provided that subsequent information on the specific gifts recovered shall be supplied;
(4) An explanation that the retrieved organs and/or tissues may be used for transplantation, therapy, medical research or educational purposes;
(5) A general description of the recovery process including, but not limited to, timing, relocation of the donor if applicable, and contact information;
(6) An explanation that laboratory tests and a medical and/or social history will be completed to determine the medical suitability of the donor and that blood samples from the donor will be tested for certain transmissible diseases, including testing for HIV antibodies or antigens;
(7) An explanation that the spleen, lymph nodes and blood may be removed, and cultures may be performed, for the purpose of determining donor suitability and donor and recipient capability;
An explanation that costs directly related to the evaluation, recovery, preservation and placement of the organs and/or tissues will not be charged to the family members of the donor; and
An explanation of the impact the donation process may have on burial arrangements and on the appearance of the donor's body.
Section 39-3414:
This chapter applies to a document of gift, revocation, or refusal to make an anatomical gift signed by the donor or a person authorized to make or object to making an anatomical gift before, on, or after the effective date of this chapter.
Section 39-3415:
This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
Section 39-3416:
If any provision of this chapter or its application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Section 39-3417. SHORT TITLE. This chapter may be cited as the "Idaho Anatomical Gift Act."
Section 39-3418:
(1) Except as otherwise provided in sections 39-3406 and 39-3411, Idaho Code, whenever the attorney general has reason to believe that any person is engaging, has engaged, or is about to engage in any act in violation of this chapter, the attorney general may bring an action in the name of the state against that person:
(a) To obtain a declaratory judgment that the act violates the provisions of this chapter;
(b) To enjoin any act that violates the provisions of this chapter by issuance of a temporary restraining order or preliminary or permanent injunction, without bond, upon the giving of appropriate notice;
(c) To recover on behalf of the state and its agencies actual damages or restitution; or
(d) To recover civil penalties of up to fifty thousand dollars ($50,000) per violation and reasonable expenses, investigative costs and attorney's fees.
(2) The penalties provided in this section are in addition to any other available remedy at law or equity.
(3) Any civil penalty imposed pursuant to this section shall be deposited in the state general fund.
Note: All Information and Previews are subject to the Disclaimer located on the main forms page, and also linked at the bottom of all search results.
Revised Uniform Anatomical Gift Act Donation
