26-28-104. Who may make anatomical gift before donor’s death. Subject to Section 26-28-108, 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 26-28-105 by: (1) the donor, if the donor is […]
26-28-105. 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 license or identification card; (b) in a will; (c) during a terminal illness or injury […]
26-28-106. Amending or revoking anatomical gift before donor’s death. (1) Subject to Section 26-28-108, a donor or other person authorized to make an anatomical gift under Section 26-28-104 may amend or revoke an anatomical gift by: (a) a record signed by: (i) the donor; (ii) the other person; or (iii) subject to Subsection (2), another […]
26-28-107. 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), another individual acting at the direction of the individual if the individual is physically […]
26-28-108. Preclusive effect of anatomical gift, amendment, or revocation. (1) Except as otherwise provided in Subsection (7) and subject to Subsection (6), 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 of a donor’s body or part […]
Effective 5/8/2018 26-28-109. Who may make anatomical gift of decedent’s body or part. (1) Subject to Subsections (2) and (3) and unless barred by Section 26-28-107 or 26-28-108, 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 the following classes […]
26-28-110. 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 26-28-109 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 or is […]
26-28-111. 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, university, organ procurement organization, or other appropriate person, for research or education; (b) subject to Subsection (2), […]
Effective 5/13/2014 26-28-112. Search and notification. (1) 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 other information identifying the individual as a donor or as an individual who made a refusal: (a) a law enforcement officer, […]
26-28-113. 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 […]
Effective 5/14/2019 26-28-114. 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 Department of Public Safety and any donor registry that it knows exists for the geographical area in […]
26-28-115. 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. Enacted by Chapter 60, 2007 General Session
26-28-116. Sale or purchase of parts prohibited. (1) Except as otherwise provided in Subsection (2), 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 third degree felony. (2) A person […]
26-28-117. 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 third degree felony. Enacted by Chapter 60, 2007 General Session
Effective 5/8/2018 26-28-118. 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 […]
26-28-119. Law governing validity — Choice of law as to execution of document of gift — Presumption of validity. (1) A document of gift is valid if executed in accordance with: (a) this chapter; (b) the laws of the state or country where it was executed; or (c) the laws of the state or country […]
26-28-120. Donor registry. (1) The Department of Public Safety may establish or contract for the establishment of a donor registry. (2) The Driver License Division of the Department of Public Safety shall cooperate with a person that administers any donor registry that this state establishes, contracts for, or recognizes for the purpose of transferring to […]
26-28-121. Effect of anatomical gift on advance health care directive. (1) As used in this section: (a) “Advance health care directive” means a power of attorney for health care or a record signed or authorized by a prospective donor containing the prospective donor’s direction concerning a health care decision for the prospective donor. (b) “Declaration” […]
26-28-122. Cooperation between medical examiner and procurement organization. (1) A medical examiner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education. (2) If a medical examiner receives notice from a procurement organization that an anatomical gift might be available or was made […]
26-28-123. Facilitation of anatomical gift from decedent whose body is under jurisdiction of medical examiner. (1) Upon request of a procurement organization, a medical examiner shall release to the procurement organization the name, contact information, and available medical and social history of a decedent whose body is under the jurisdiction of the medical examiner. If […]
