Utah Code 26B-8-304. Manner of making anatomical gift before donor’s death

26B-8-304. Manner of making anatomical gift before donor‘s death.

(1)

A donor may make an anatomical gift:

Terms Used In Utah Code 26B-8-304

Anatomical gift: means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education. See Utah Code 26B-8-301
Disinterested witness: means :

(i)	a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift; or

(ii)

another adult who exhibited special care and concern for the individual. See Utah Code 26B-8-301

Donor: The person who makes a gift.

Donor: means an individual whose body or part is the subject of an anatomical gift. See Utah Code 26B-8-301

Donor registry: means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts. See Utah Code 26B-8-301

Driver license: means a license or permit issued by the Driver License Division of the Department of Public Safety, to operate a vehicle, whether or not conditions are attached to the license or permit. See Utah Code 26B-8-301

Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.

Identification card: means an identification card issued by the Driver License Division of the Department of Public Safety. See Utah Code 26B-8-301

Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Utah Code 26B-8-301

Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 26B-8-301

Sign: means , with the present intent to authenticate or adopt a record:

(a)	to execute or adopt a tangible symbol; or

(b)	to attach to or logically associate with the record an electronic symbol, sound, or process. See Utah Code 26B-8-301
(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 of the donor, by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness; or

(d)	as provided in Subsection (2).

(2)

A donor or other person authorized to make an anatomical gift under Section 26B-8-303 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and shall:

(a)	be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and

(b)	state that it has been signed and witnessed as provided in Subsection (2)(a).

(3)	Revocation, suspension, expiration, or cancellation of a driver license or identification card upon which an anatomical gift is indicated does not invalidate the gift.

(4)	An anatomical gift made by will takes effect upon the donor’s death whether or not the will is probated. Invalidation of the will after the donor’s death does not invalidate the gift.

Renumbered and Amended by Chapter 306, 2023 General Session

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