26B-8-309. Manner of making, amending, or revoking anatomical gift of decedent‘s body or part.
| (1) |
A person authorized to make an anatomical gift under Section 26B-8-308 may make an anatomical gift by a document of gift signed by the person making the gift or by that person’s oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication. |
Terms Used In Utah Code 26B-8-309
- 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
- Document of gift: means a donor card or other record used to make 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.
- Hospital: means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state. 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
- Physician: means an individual authorized to practice medicine or osteopathy under the law of any state. See Utah Code 26B-8-301
- Procurement organization: means an eye bank, organ procurement organization, or tissue bank. 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
- Recipient: means an individual into whose body a decedent's part has been or is intended to be transplanted. 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
| (2) |
Subject to Subsection (3), an anatomical gift by a person authorized under Section 26B-8-308 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized under Section 26B-8-308 may be:
| (a) |
amended only if a majority of the reasonably available members agree to the amending of the gift; or |
| (b) |
revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift. |
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| (3) |
A revocation under Subsection (2) is effective only if, before an incision has been made to remove a part from the donor‘s body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation. |
Renumbered and Amended by Chapter 306, 2023 General Session
