26B-8-317. Immunity.
| (1) |
A person that acts in accordance with this part or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution, or administrative proceeding. |
Terms Used In Utah Code 26B-8-317
- 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.
- 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
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 26B-8-301
| (2) |
Neither the person making an anatomical gift nor the donor‘s estate is liable for any injury or damage that results from the making or use of the gift. |
| (3) |
In determining whether an anatomical gift has been made, amended, or revoked under this part, a person may rely upon representations of an individual listed in Subsection 26B-8-308(1)(b), (c), (d), (e), (f), (g), (h), (i), or (j) relating to the individual’s relationship to the donor or prospective donor unless the person knows that the representation is untrue. |
Renumbered and Amended by Chapter 306, 2023 General Session
