Section 72-17-101: This chapter may be cited as the "Uniform Anatomical Gift Act".
Section 72-17-102: As used in this chapter, the following
definitions apply:
(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) "Department" means the department
of public health and human services provided for in 2-15-2201.
(4) "Document of gift" means a card, a
statement attached to or imprinted on a motor vehicle operator's license,
a will, or other writing used to make an anatomical gift.
(5) "Donor" means an individual who makes
a gift of all or part of the individual's body.
(6) "Enucleator" means an individual who
is certified pursuant to 72-17-311 to remove or process eyes or parts of
eyes.
(7) "Hospital" means a facility licensed,
accredited, or approved 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) "Ophthalmologist" means a licensed
physician or surgeon who specializes in the treatment or correction of
diseases of the eye.
(9) "Part" means an organ, tissue, eye,
bone, artery, blood, fluid, or other portion of a human body.
(10) "Person" means an individual, corporation,
government, governmental subdivision or agency, business trust, estate,
trust, partnership, joint venture, association, or any other legal or commercial
entity.
(11) "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.
(12) "Procurement organization" means a person licensed, accredited, or approved under the laws of any state for procurement, distribution, or storage of human bodies or parts.
(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 an individual
who is certified by the state board of medical examiners to remove or process
a part.
Section 72-17-103: This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Section 72-17-108: Coordination of procurement and use. Each hospital in this state, after consultation with other hospitals and procurement organizations, shall establish agreements or affiliations for coordination of procurement and use of human bodies and parts.
Section 72-17-201: Making, amending, revoking, and refusing to make anatomical gifts by an individual.
(1) An individual who is at least 18 years of age may:
(a) make an anatomical gift for any of the purposes stated in 72-17-202;
(b) limit an anatomical gift to one or more of those purposes; or
(c) 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 witnesses, all of whom have signed at the direction and in the presence of the donor and of each other, and must state that it has been so signed.
(3) If a document of gift is attached to or imprinted on a donor's motor vehicle operator's license, the document of gift must comply with subsection (2). Revocation, suspension, expiration, or cancellation of the license does not invalidate the anatomical gift.
(4) A document of gift may designate a particular physician or surgeon to carry out the appropriate procedures. In the absence of a designation or if the designee is not available, the donee or other person authorized to accept the anatomical gift may employ or authorize any physician, surgeon, technician, or enucleator to carry out the appropriate procedures.
(5) An anatomical gift by will takes effect upon the death of the testator, whether or not the will is probated. If, after the testator's 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 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 donee 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).
(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)
(a) 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) a statement attached to or imprinted on a donor's motor vehicle operator's license; or
(iii) any other writing used to identify the individual as refusing to make an anatomical gift.
(b) 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 of a part is neither a refusal to give other parts nor a limitation on an anatomical gift under 72-17-214 or on a removal or release of other parts under 72-17-215.
(11) In the absence of contrary indications by the donor, a revocation or amendment of an anatomical gift is not a refusal to make another anatomical gift. If the donor intends a revocation to be a refusal to make an anatomical gift, the donor shall make the refusal pursuant to subsection (9).
Section 72-17-202:
(1) The following persons may become donees of anatomical gifts for the purposes stated:
(a) a hospital, surgeon, physician, or procurement organization for medical or dental education, research, advancement of medical or dental science, therapy, or transplantation;
(b) an accredited medical or dental school, college, or university for education, research, advancement of medical or dental science; or
(c) a designated individual for therapy or transplantation needed by that individual.
(2) An anatomical gift may be made to a designated donee or without designating a donee. If a donee is not designated or if the donee is not available or rejects the anatomical gift, the anatomical gift may be accepted by a hospital.
(3) If the donee knows of the decedent's refusal or contrary indications to make an anatomical gift or that an anatomical gift by a member of a class having priority to act is opposed by a member of the same class or a prior class under 72-17-214, the donee may not accept the anatomical gift.
Section 72-17-207:
(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, enucleator, technician, nurse, or other person who acts in accordance with this chapter or with the applicable anatomical gift act of another state or 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 72-17-201 or 72-17-214 and the individual's estate are not liable for any injury or damage that may result from the making or use of the anatomical gift.
Section 72-17-208:
(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 donee, the document of gift, or a copy, may be delivered to the donee 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 72-17-213:
(1) If, at or near the time of death of a patient, there is no medical record that the patient has made or refused to make an anatomical gift, the hospital administrator or a representative designated by the administrator shall discuss the option to make or refuse to make an anatomical gift and request the making of an anatomical gift pursuant to 72-17-214(1). The request must be made with reasonable discretion and sensitivity to the circumstances of the family. A request is not required if the gift is not suitable, based upon accepted medical standards, for a purpose specified in 72-17-202 or if there are medical or emotional conditions under which the request would contribute to severe emotional distress. An entry must be made in the medical record of the patient, stating 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. The department shall adopt rules to implement this subsection.
(2) The following persons shall make a reasonable search for a document of gift or other information identifying the bearer as a donor or as an individual who has refused to make an anatomical gift:
(a) a law enforcement officer, fireman, paramedic, or other emergency rescuer finding an individual whom the searcher believes is dead or near death; and
(b) a hospital, upon the admission of an individual at or near the time of death, if there is not immediately available any other source of that information.
(3) If a document of gift or evidence of refusal to make an anatomical gift is located by the search required by subsection (2)(a) and the individual or body to whom it relates is taken to a hospital, the hospital must be notified of the contents and the document or other evidence must be sent to the hospital.
(4) If, at or near the time of death of a patient, a hospital knows that an anatomical gift has been made pursuant to 72-17-214(1) or a release and removal of a part has been permitted pursuant to 72-17-215 or that a patient or an individual identified as in transit to the hospital is a donor, the hospital shall notify the donee if one is named and known to the hospital; if not, it shall notify an appropriate procurement organization. The hospital shall cooperate in the implementation of the anatomical gift or release and removal of a part.
(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 72-17-214: Making, revoking, and objecting to anatomical gifts by others.
(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, had made an unrevoked refusal to make that anatomical gift:
(a) the spouse of the decedent;
(b) an adult son or daughter of the decedent;
(c) either parent of the decedent;
(d) an adult brother or sister of the decedent;
(e) a grandparent of the decedent; and
(f) 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) 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) must be made by:
(a) a document of gift signed by the person; or
(b) 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) 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) is not an objection to the making of an anatomical gift.
Section 72-17-301: Rights and duties at death.
(1) Rights of a donee created by an anatomical gift are superior to rights of others under 72-17-214(1), except with respect to autopsies. A donee may accept or reject an anatomical gift. If the donee accepts an anatomical gift of the entire body, the donee, subject to the terms of the gift, may allow embalming and the use of the body in funeral services. If the gift is of a part of the body, the donee, 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 72-17-201(4).
(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.
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Revocation of Anatomical Gift Act Donation
