§ 68-30-101. Short Title
This part shall be known and may be cited as the “Revised Uniform Anatomical Gift Act.”
§ 68-30-102. Part Definitions
As used in this part, unless the context otherwise requires: “Adult” means an individual who is at least eighteen (18) years of age; “Agent” means an individual: Authorized to make healthcare decisions on the principal’s behalf by a power of attorney for healthcare or an advance directive; or Expressly authorized to make an anatomical gift […]
§ 68-30-103. Applicability
This part applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.
§ 68-30-104. Who May Make Anatomical Gift Before Donor’s Death
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 § 68-30-105 by: The donor, if the donor is an adult or if the donor is a minor and is: Emancipated; or Authorized […]
§ 68-30-105. Manner of Making Anatomical Gift Before Donor’s Death
A donor may make an anatomical gift: By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor’s driver license; In a will, any living will, durable power of attorney for healthcare or other instrument, signed by the individual complying with living wills under title […]
§ 68-30-106. Amendment or Revocation of Anatomical Gift Before Donor’s Death
A donor may amend or revoke an anatomical gift, not made by will, by: A signed statement; An oral statement made in the presence of two (2) individuals; Any form of communication by a terminal patient addressed to a physician; or The delivery of a signed statement to a specified donee to whom a document […]
§ 68-30-107. Refusal to Make Anatomical Gift — Effect of Refusal
An individual may refuse to make an anatomical gift of the individual’s body or part by a writing signed in the same manner as a document of gift or any other writing used to identify the individual as refusing to make an anatomical gift. A terminal patient may refuse to make an anatomical gift by […]
§ 68-30-108. Preclusive Effect of Anatomical Gift, Amendment or Revocation
Except as otherwise provided in this part, 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. An anatomical gift that is not revoked by the donor before death is irrevocable and does not […]
§ 68-30-109. Who May Make Anatomical Gift of Decedent’s Body or Part
Subject to subsections (b) and (c), 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 of persons who is reasonably available, in the order of priority listed: A guardian or conservator of the person of the decedent […]
§ 68-30-110. Manner of Making, Amending or Revoking Anatomical Gift of Decedent’s Body or Part
A person authorized to make an anatomical gift under § 68-30-109 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 contemporaneously reduced to a record and signed by the individual receiving the oral communication. Subject […]
§ 68-30-111. Persons That May Receive Anatomical Gift — Purpose of Anatomical Gift
An anatomical gift may be made to the following persons named in the document of gift: A hospital accredited medical school, dental school, college, or university, organ procurement organization, or other appropriate person for research or education; Subject to subsection (b), an individual designated by the person making the anatomical gift, if the individual is […]
§ 68-30-112. Search and Notification
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 law enforcement officer, firefighter, paramedic, or other emergency rescuer finding the […]
§ 68-30-113. Delivery of Document of Gift Not Required — Right to Examine
A document of gift need not be delivered during the donor’s lifetime to be effective. 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 individual shall allow examination and copying of the document of gift or refusal […]
§ 68-30-114. Rights and Duties of Procurement Organization and Others
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 safety and any donor registry that it knows exists for the geographical area in which the individual resides to ascertain whether the individual has made an anatomical […]
§ 68-30-115. Immunity
A person who acts in accordance with this part 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.
§ 68-30-116. Law Governing Validity — Choice of Law as to Execution of Document of Gift — Presumption of Validity
A document of gift is valid if executed in accordance with: This part; The laws of the state or country where it was executed; or The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document […]
§ 68-30-117. Effect of Anatomical Gift on Advance Healthcare Directive
As used in this section, unless the context otherwise requires: “Advanced healthcare directive” means a power of attorney for healthcare or a record signed or authorized by a prospective donor containing the prospective donor’s direction concerning a healthcare decision for the prospective donor; “Declaration” means a record signed by a prospective donor specifying the circumstances […]
§ 68-30-118. Uniformity of Application and Construction
In applying and construing this part, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
§ 68-30-119. Relation to Electronic Signatures in Global and National Commerce Act
An electronic signature shall be valid as if written. This part modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, compiled in 15 U.S.C. § 7001 et seq., but does not modify, limit or supersede § 101(a) of the Electronic Signatures in Global and National Commerce Act, codified in 15 U.S.C. […]
§ 68-30-120. Gift of Entire Body to Medical School
Nothing contained in this part shall be construed to supersede or revoke, by implication or otherwise, any valid gift of the entire body to a medical school.