26B-8-308. Who may make anatomical gift of decedent‘s body or part.
(1)
Subject to Subsections (2) and (3) and unless barred by Section 26B-8-306 or 26B-8-307, 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:
Terms Used In Utah Code 26B-8-308
Adult: means an individual who is at least 18 years old. See Utah Code 26B-8-301
Agent: means an individual:
(a)
authorized to make health care decisions on the principal's behalf by a power of attorney for health care; or
(b)
expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal. See Utah Code 26B-8-301
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
Decedent: means :
(a)
a deceased individual whose body or part is or may be the source of an anatomical gift; and
(b)
includes:
(i)
a stillborn infant; and
(ii)
subject to restrictions imposed by law other than this part, a fetus. See Utah Code 26B-8-301
Decedent: A deceased person.
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
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
(a)
an agent of the decedent at the time of death who could have made an anatomical gift under Subsection 26B-8-303(2) immediately before the decedent’s death;
(b)
the spouse of the decedent;
(c)
adult children of the decedent;
(d)
parents of the decedent;
(e)
adult siblings of the decedent;
(f)
adult grandchildren of the decedent;
(g)
grandparents of the decedent;
(h)
the persons who were acting as the guardians of the person of the decedent at the time of death;
(i)
an adult who exhibited special care and concern for the decedent; and
(j)
any other person having the authority to dispose of the decedent’s body.
(2)
If there is more than one member of a class listed in Subsection (1)(a), (c), (d), (e), (f), (g), or (j) entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under Section 26B-8-310 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.
(3)
A person may not make an anatomical gift if, at the time of the decedent’s death, a person in a prior class under Subsection (1) is reasonably available to make or to object to the making of an anatomical gift.
Renumbered and Amended by Chapter 306, 2023 General Session
