Section 35-5-201 – Short Title.
35-5-201. Short title. This act may be cited as the “Revised Uniform Anatomical Gift Act”.
Section 35-5-202 – Definitions.
35-5-202. Definitions. (a) As used in this act: (i) “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 behalf by any other record signed by the principal. (ii) “Anatomical gift” […]
Section 35-5-203 – Applicability.
35-5-203. Applicability. This act applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made. All anatomical gifts deemed to be effective under W.S. 35-5-101 through 35-5-119, prior to its repeal by this enactment, shall continue to be deemed and regarded to be effective after the effective […]
Section 35-5-204 – Who May Make Anatomical Gift Before Donor’s Death.
35-5-204. Who may make anatomical gift before donor’s death. (a) Subject to W.S. 35-5-208, 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 W.S. 35-5-205 by: (i) The donor, if the donor […]
Section 35-5-206 – Amending or Revoking Anatomical Gift Before Donor’s Death.
35-5-206. Amending or revoking anatomical gift before donor’s death. (a) Subject to W.S. 35-5-208, a donor or other person authorized to make an anatomical gift under W.S. 35-5-204 may amend or revoke an anatomical gift by: (i) A record signed by: (A) The donor; (B) The other person; or (C) Subject to subsection (b) of […]
Section 35-5-207 – Refusal to Make Anatomical Gift; Effect of Refusal.
35-5-207. Refusal to make anatomical gift; effect of refusal. (a) An individual may refuse to make an anatomical gift of the individual’s body or part by: (i) A record signed by: (A) The individual; or (B) Subject to subsection (b) of this section, another individual acting at the direction of the individual if the individual […]
Section 35-5-208 – Preclusive Effect of Anatomical Gift, Amendment or Revocation.
35-5-208. Preclusive effect of anatomical gift, amendment or revocation. (a) Except as otherwise provided in subsection (g) and subject to subsection (f) 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 of a donor’s […]
Section 35-5-209 – Who May Make Anatomical Gift of Decedent’s Body or Part.
35-5-209. Who may make anatomical gift of decedent’s body or part. (a) Subject to subsections (b) and (c) of this section and unless barred by W.S. 35-5-207 or 35-5-208, 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 […]
Section 35-5-210 – Manner of Making, Amending or Revoking Anatomical Gift of Decedent’s Body or Part.
35-5-210. Manner of making, amending or revoking anatomical gift of decedent’s body or part. (a) A person authorized to make an anatomical gift under W.S. 35-5-209 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 […]
Section 35-5-211 – Persons That May Receive Anatomical Gift; Purpose of Anatomical Gift.
35-5-211. Persons that may receive anatomical gift; purpose of anatomical gift. (a) An anatomical gift may be made to the following persons named in the document of gift: (i) For purposes of research or education, a hospital, accredited medical school, dental school, college or university, organ procurement organization or any appropriate person; (ii) Subject to […]
Section 35-5-212 – Delivery of Document of Gift Not Required; Right to Examine.
35-5-212. Delivery of document of gift not required; right to examine. (a) A document of gift need not be delivered during the donor’s lifetime to be effective. (b) 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 the […]
Section 35-5-213 – Rights and Duties of Procurement Organization and Others.
35-5-213. Rights and duties of procurement organization and others. (a) 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 and any donor registry that it knows exists for the geographical area in which the individual resides to […]
Section 35-5-214 – Coordination of Procurement and Use.
35-5-214. 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.
Section 35-5-215 – Sale or Purchase of Parts Prohibited.
35-5-215. Sale or purchase of parts prohibited. (a) Except as otherwise provided in subsection (b) of this section, a person who 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 punishable by […]
Section 35-5-216 – Other Prohibited Acts.
35-5-216. Other prohibited acts. A person who, 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 misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more […]
Section 35-5-217 – Immunity.
35-5-217. Immunity. (a) A person who acts in accordance with this act 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. (b) Neither the person making an anatomical gift nor the […]
Section 35-5-218 – Law Governing Validity; Choice of Law as to Execution of Document of Gift; Presumption of Validity.
35-5-218. Law governing validity; choice of law as to execution of document of gift; presumption of validity. (a) A document of gift is valid if executed in accordance with: (i) This act; (ii) The laws of the state or country where it was executed; or (iii) The laws of the state or country where the […]
Section 35-5-219 – Donor Registry.
35-5-219. Donor registry. (a) The department shall electronically transfer to a procurement organization the information that appears on the front of the driver’s license or identification card, to include the name, gender, date of birth, social security number if it appears on the license or card, driver’s license or identification card number, issue date or […]
Section 35-5-220 – Effect of Anatomical Gift on Advance Health Care Directive.
35-5-220. Effect of anatomical gift on advance health care directive. (a) In this section: (i) “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; (ii) “Declaration” means a record signed […]
Section 35-5-221 – Cooperation Between Coroner and Procurement Organization.
35-5-221. Cooperation between coroner and procurement organization. (a) A coroner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research or education. (b) If a coroner receives notice from a procurement organization that an anatomical gift might be available or was made with respect to […]