26B-8-307. Preclusive effect of anatomical gift, amendment, or revocation.
| (1) |
Except as otherwise provided in Subsection (7) and subject to Subsection (6), 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 or part if the donor made an anatomical gift of the donor’s body or part under Section 26B-8-304 or an amendment to an anatomical gift of the donor’s body or part under Section 26B-8-305. |
Terms Used In Utah Code 26B-8-307
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- 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
- 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
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Minor: means an individual who is under 18 years of age. See Utah Code 26B-8-301
- Parent: means a parent whose parental rights have not been terminated. See Utah Code 26B-8-301
- Part: means an organ, an eye, or tissue of a human being. 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
- Reasonably available: means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift. See Utah Code 26B-8-301
- Refusal: means a record created under Section 26B-8-306 that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or part. See Utah Code 26B-8-301
| (2) |
A donor’s revocation of an anatomical gift of the donor’s body or part under Section 26B-8-305 is not a refusal and does not bar another person specified in Section 26B-8-303 or 26B-8-308 from making an anatomical gift of the donor’s body or part under Section 26B-8-304 or 26B-8-309. |
| (3) |
If a person other than the donor makes an unrevoked anatomical gift of the donor’s body or part under Section 26B-8-304 or an amendment to an anatomical gift of the donor’s body or part under Section 26B-8-305, another person may not make, amend, or revoke the gift of the donor’s body or part under Section 26B-8-309. |
| (4) |
A revocation of an anatomical gift of a donor’s body or part under Section 26B-8-305 by a person other than the donor does not bar another person from making an anatomical gift of the body or part under Section 26B-8-304 or 26B-8-309. |
| (5) |
In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under Section 26B-8-303, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person. |
| (6) |
In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under Section 26B-8-303, an anatomical gift of a part for one or more of the purposes set forth in Section 26B-8-303 is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under Section 26B-8-304 or 26B-8-309. |
| (7) |
If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor’s body or part. |
| (8) |
If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor’s refusal. |
Renumbered and Amended by Chapter 306, 2023 General Session
