(a) As used in this section, unless the context otherwise requires:
(1) “Advanced healthcare directive” means a power of attorney for healthcare or a recordsigned or authorized by a prospective donor containing the prospective donor‘s direction concerning a healthcare decision for the prospective donor;(2) “Declaration” means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective donor; and(3) “Healthcare decision” means any decision regarding the healthcare of the prospective donor.(b) If a prospective donor has a declaration or advance healthcare directive and the terms of the declaration or directive and the express or implied terms of a potential anatomical gift are in conflict with regard to the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy, the prospective donor’s attending physician and prospective donor shall confer to resolve the conflict. If the prospective donor is incapable of resolving the conflict, an agent acting under the prospective donor’s declaration or directive, or, if the agent is not reasonably available, another person authorized by law other than this part to make healthcare decisions on behalf of the prospective donor, shall act for the donor to resolve the conflict. The conflict shall be resolved as expeditiously as possible. Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift for the prospective donor under § 68-30-109. Before resolution of the conflict, measures necessary to ensure the medical suitability of the part may not be withheld or withdrawn from the prospective donor if withholding or withdrawing the measures is not contraindicated by appropriate end-of-life care.
