Section 39-3401 – SHORT TITLE.
39-3401. SHORT TITLE. This chapter shall be known and may be cited as the "Revised Uniform Anatomical Gift Act." History: [39-3401, added 2007, ch. 30, sec. 2, p. 61.]
Section 39-3401A – STORAGE AND TRANSPORT OF HUMAN BODIES OR BODY PARTS — DUTIES OF STATE DEPARTMENT OF HEALTH AND WELFARE — ENFORCEMENT AND PENALTIES.
39-3401A. STORAGE AND TRANSPORT OF HUMAN BODIES OR BODY PARTS — DUTIES OF STATE DEPARTMENT OF HEALTH AND WELFARE — ENFORCEMENT AND PENALTIES. (1) In addition to any other duties and responsibilities, the director of the department of health and welfare shall register facilities for the storage and/or transport of human bodies or human body […]
Section 39-3402 – DEFINITIONS.
39-3402. DEFINITIONS. In this chapter: (1) "Adult" means an individual who is at least eighteen (18) years of age. (2) "Agent" means an individual: (a) Authorized to make health care decisions on the principal’s behalf by a power of attorney for health care; or (b) Expressly authorized to make an anatomical gift on the principal’s […]
Section 39-3403 – APPLICABILITY.
39-3403. APPLICABILITY. This chapter applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made. History: [39-3403, added 2007, ch. 30, sec. 2, p. 63.]
Section 39-3404 – WHO MAY MAKE ANATOMICAL GIFT BEFORE DONOR’S DEATH.
39-3404. WHO MAY MAKE ANATOMICAL GIFT BEFORE DONOR’S DEATH. Subject to section 39-3408, Idaho Code, an anatomical gift of a donor’s body or part may be made during the life of the donor for the purpose of transplantation, therapy, research or education in the manner provided in section 39-3405, Idaho Code, by: (1) The donor, […]
Section 39-3405 – MANNER OF MAKING ANATOMICAL GIFT BEFORE DONOR’S DEATH.
39-3405. MANNER OF MAKING ANATOMICAL GIFT BEFORE DONOR’S DEATH. (1) A donor may make an anatomical gift: (a) By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor’s driver’s license or identification card; (b) In a will; (c) During a terminal illness or injury […]
Section 39-3406 – AMENDING OR REVOKING ANATOMICAL GIFT BEFORE DONOR’S DEATH.
39-3406. AMENDING OR REVOKING ANATOMICAL GIFT BEFORE DONOR’S DEATH. (1) Subject to section 39-3408, Idaho Code, a donor or other person authorized to make an anatomical gift under section 39-3404, Idaho Code, may amend or revoke an anatomical gift by: (a) A record signed by: (i) The donor; (ii) The other person; or (iii) Subject […]
Section 39-3407 – REFUSAL TO MAKE ANATOMICAL GIFT — EFFECT OF REFUSAL.
39-3407. REFUSAL TO MAKE ANATOMICAL GIFT — EFFECT OF REFUSAL. (1) An individual may refuse to make an anatomical gift of the individual’s body or part by: (a) A record signed by: (i) The individual; or (ii) Subject to subsection (2) of this section, another individual acting at the direction of the individual if the […]
Section 39-3408 – PRECLUSIVE EFFECT OF ANATOMICAL GIFT, AMENDMENT OR REVOCATION.
39-3408. PRECLUSIVE EFFECT OF ANATOMICAL GIFT, AMENDMENT OR REVOCATION. (1) Except as otherwise provided in subsection (7) of this section and subject to subsection (6) of this section, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending or revoking an anatomical gift […]
Section 39-3409 – WHO MAY MAKE ANATOMICAL GIFT OF DECEDENT’S BODY OR PART.
39-3409. WHO MAY MAKE ANATOMICAL GIFT OF DECEDENT’S BODY OR PART. (1) Subject to subsections (2) and (3) of this section and unless barred by section 39-3407 or 39-3408, Idaho Code, an anatomical gift of a decedent’s body or part for purpose of transplantation, therapy, research or education may be made by any member of […]
Section 39-3410 – MANNER OF MAKING, AMENDING OR REVOKING ANATOMICAL GIFT OF DECEDENT’S BODY OR PART.
39-3410. MANNER OF MAKING, AMENDING OR REVOKING ANATOMICAL GIFT OF DECEDENT’S BODY OR PART. (1) A person authorized to make an anatomical gift under section 39-3409, Idaho Code, may make an anatomical gift by a document of gift signed by the person making the gift or by that person’s oral communication that is electronically recorded […]
Section 39-3411 – REQUIREMENTS FOR INFORMED CONSENT.
39-3411. REQUIREMENTS FOR INFORMED CONSENT. 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 39-3409, Idaho Code, approached for purposes of obtaining informed consent: (1) A […]
Section 39-3412 – PERSONS THAT MAY RECEIVE ANATOMICAL GIFT — PURPOSE OF ANATOMICAL GIFT.
39-3412. PERSONS THAT MAY RECEIVE ANATOMICAL GIFT — PURPOSE OF ANATOMICAL GIFT. (1) An anatomical gift may be made to the following persons named in the document of gift: (a) A hospital; accredited medical school, dental school, college, or university; organ procurement organization; or other appropriate person, for research or education; (b) Subject to subsection […]
Section 39-3413 – SEARCH AND NOTIFICATION.
39-3413. SEARCH AND NOTIFICATION. (1) For purposes of this section, "first responder" means a law enforcement officer, firefighter, emergency medical services provider, coroner or other emergency rescuer. (2) The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or […]
Section 39-3414 – DELIVERY OF DOCUMENT OF GIFT NOT REQUIRED — RIGHT TO EXAMINE.
39-3414. DELIVERY OF DOCUMENT OF GIFT NOT REQUIRED — RIGHT TO EXAMINE. (1) A document of gift need not be delivered during the donor’s lifetime to be effective. (2) Upon or after an individual’s death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to […]
Section 39-3415 – RIGHTS AND DUTIES OF PROCUREMENT ORGANIZATION AND OTHERS.
39-3415. RIGHTS AND DUTIES OF PROCUREMENT ORGANIZATION AND OTHERS. (1) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the Idaho transportation department and any donor registry that it knows exist for the geographical area in which the individual […]
Section 39-3416 – COORDINATION OF PROCUREMENT AND USE.
39-3416. COORDINATION OF PROCUREMENT AND USE. Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts. History: [39-3416, added 2007, ch. 30, sec. 2, p. 71.]
Section 39-3417 – SALE OR PURCHASE OF PARTS PROHIBITED.
39-3417. SALE OR PURCHASE OF PARTS PROHIBITED. (1) Except as otherwise provided in subsection (2) of this section, a person that for valuable consideration, knowingly purchases or sells a part for transplantation or therapy if removal of a part from an individual is intended to occur after the individual’s death commits a felony and upon […]
Section 39-3418 – OTHER PROHIBITED ACTS.
39-3418. OTHER PROHIBITED ACTS. A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal commits a felony and upon conviction is subject to a fine not exceeding fifty thousand dollars ($50,000) or […]
Section 39-3419 – IMMUNITY.
39-3419. IMMUNITY. (1) A person that acts in accordance with this chapter or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution or administrative proceeding. (2) Neither the person making an anatomical gift nor the […]