26B-8-313. Rights and duties of procurement organization and others.
(1)
When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the Department of Public Safety and any donor registry that it knows exists for the geographical area in which the individual resides to ascertain whether the individual has made an anatomical gift.
Terms Used In Utah Code 26B-8-313
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.
Document of gift: means a donor card or other record used to make an anatomical gift. 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.
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
Minor: means an individual who is under 18 years of age. 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
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 procurement organization shall be allowed reasonable access to information in the records of the Department of Public Safety to ascertain whether an individual at or near death is a donor.
(3)
When a hospital refers an individual at or near death to a procurement organization, the organization may conduct any reasonable examination necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research, or education from a donor or a prospective donor. During the examination period, measures necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent.
(4)
Unless prohibited by law other than this part, at any time after a donor’s death, the person to which a part passes under Section 26B-8-310 may conduct any reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose.
(5)
Unless prohibited by law other than this part, an examination under Subsection (3) or (4) may include an examination of all medical and dental records of the donor or prospective donor.
(6)
Upon the death of a minor who was a donor or had signed a refusal, unless a procurement organization knows the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal.
(7)
Upon referral by a hospital under Subsection (1), a procurement organization shall make a reasonable search for any person listed in Section 26B-8-308 having priority to make an anatomical gift on behalf of a prospective donor. If a procurement organization receives information that an anatomical gift to any other person was made, amended, or revoked, it shall promptly advise the other person of all relevant information.
(8)
Subject to Subsection 26B-8-310(9) and Section 26B-8-322, the rights of the person to which a part passes under Section 26B-8-310 are superior to the rights of all others with respect to the part. The person may accept or reject an anatomical gift in whole or in part. Subject to the terms of the document of gift and this part, a person that accepts an anatomical gift of an entire body may allow embalming, burial or cremation, and use of remains in a funeral service. If the gift is of a part, the person to which the part passes under Section 26B-8-310, upon the death of the donor and before embalming, burial, or cremation, shall cause the part to be removed without unnecessary mutilation.
(9)
Neither the physician or physician assistant who attends the decedent at death nor the physician or physician assistant who determines the time of the decedent‘s death may participate in the procedures for removing or transplanting a part from the decedent.
(10)
A physician, physician assistant, or technician may remove a donated part from the body of a donor that the physician, physician assistant, or technician is qualified to remove.
Renumbered and Amended by Chapter 306, 2023 General Session
