§16-19-1. Short Title

This article may be cited as the "Revised Anatomical Gift Act."

§16-19-10. Manner of Making, Amending, or Revoking Anatomical Gift of Decedent's Body or Part

(a) A person authorized to make an anatomical gift under section nine of this article may do so by: (1) A document of gift signed by the authorized person; or

§16-19-11. Persons Who 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: (1) A hospital; accredited medical school, dental school, college, or university; organ procurement organization; or other appropriate person, for research or education;

§16-19-12. Search and Notification

(a) A law-enforcement officer, firefighter, paramedic or other emergency rescuer finding an individual he or she reasonably believes is dead or near death shall as soon as practical make a reasonable search of the individual for a document of gift or other information identifying the individual as a donor or as having made a refusal. […]

§16-19-13. 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 with respect to the decedent shall allow: (1) A person authorized to make or object to the making of an […]

§16-19-14. 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 Division of Motor Vehicles and any donor registry it knows of for the geographical area in which the individual resides to ascertain whether the individual has made an […]

§16-19-15. Coordination of Procurement and Use

Each hospital licensed in this state shall enter into agreements or affiliations with procurement organizations for coordinating procurement and use of anatomical gifts.

§16-19-16. Prohibited Acts; Sale or Purchase of Parts Prohibited

(a) Except as provided in subsection (b) of this section, a person who knowingly buys or sells, for valuable consideration, a part for transplantation or therapy is guilty of a felony and, upon conviction thereof, shall be fined not more than $50 or imprisoned in a state correctional facility for a term of not more […]

§16-19-17. Immunity

(a) A person, including a medical examiner, who acts in accordance with this article 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 […]

§16-19-18. 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: (1) This article;

§16-19-19. Donor Registry

(a) The Division of Motor Vehicles may establish or contract for the establishment of a donor registry. (b) The Division of Motor Vehicles shall cooperate with a person that administers any donor registry established or contracted for pursuant to this section or recognized for the purpose of transferring to the donor registry all relevant information […]

§16-19-2. Applicability

This article applies to an anatomical gift or to an amendment to, revocation of or refusal to make an anatomical gift, whenever made.

§16-19-20. Effect of Anatomical Gift on Advance Health-Care Directive

(a) In this section: (1) "Advance health-care directive" means a medical power of attorney 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.

§16-19-21. Cooperation Between Medical Examiner and Procurement Organization

(a) A medical examiner shall cooperate with a procurement organization to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research or education. (b) If a medical examiner receives notice from a procurement organization that an anatomical gift was or might have been made with respect to a decedent whose body […]

§16-19-22. Facilitation of Anatomical Gift From Decedent Whose Body Is Under Jurisdiction of Medical Examiner

(a) The medical examiner shall, upon request of a procurement organization, release to the procurement organization the name, contact information, and available medical and social history of a decedent whose body is in the custody of the medical examiner. If the decedents body or part is medically suitable for transplantation, therapy, research, or education, the […]

§16-19-23. Relation to Electronic Signatures in Global and National Commerce Act

This act modifies, limits and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §7001 et seq., but does not modify, limit or supersede Section 101(a) of that act, 15 U.S.C. Section 7001, or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section […]

§16-19-3. Definitions

As used in this article: “Adult” means an individual who is at least 18 years of age. “Agent” means an individual: (1) Authorized by a medical power of attorney to make health care decisions on behalf of a prospective donor; or

§16-19-4. Who May Make Anatomical Gift Before Donor's Death

Subject to section eight of this article, an anatomical gift may be made during the life of the donor for the purpose of transplantation, therapy, research or education by: (1) The donor, if the donor is an adult;

§16-19-5. Manner of Making Anatomical Gift Before Donor”s Death

(a) A donor may make an anatomical gift: (1) By authorizing a statement or symbol to be imprinted on his or her drivers license, identification card, or hunting or fishing license indicating that he or she has made an anatomical gift;

§16-19-6. Amending or Revoking Anatomical Gift Before Donor's Death

(a) Subject to section eight of this article, a donor or a person authorized pursuant to section four of this article may amend or revoke an anatomical gift by: (1) (A) A record signed and dated by the donor or the authorized person.