26B-8-320. Effect of anatomical gift on advance health care directive.
(1)
As used in this section:
Terms Used In Utah Code 26B-8-320
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
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
Physician: means an individual authorized to practice medicine or osteopathy under the law of any state. See Utah Code 26B-8-301
Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
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
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
(a)
“Advance health care directive” means a power of attorney for health care or a record signed or authorized by a prospective donor containing the prospective donor‘s direction concerning a health care decision for the prospective donor.
(b)
“Declaration” means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective donor.
(c)
“Health care decision” means any decision regarding the health care of the prospective donor.
(2)
If a prospective donor has a declaration or advance health care directive and the terms of the declaration or directive and the express or implied terms of a potential anatomical gift are in conflict with regard to the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy, the prospective donor’s attending physician and prospective donor shall confer to resolve the conflict. If the prospective donor is incapable of resolving the conflict, an agent acting under the prospective donor’s declaration or directive, or if no declaration or directive exists or the agent is not reasonably available, another person authorized by a law other than this part to make a health care decision on behalf of the prospective donor, shall act for the donor to resolve the conflict. The conflict shall be resolved as expeditiously as possible. Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift for the prospective donor under Section 26B-8-308. Before resolution of the conflict, measures necessary to ensure the medical suitability of the part may not be withheld or withdrawn from the prospective donor if withholding or withdrawing the measures is not contraindicated by appropriate end of life care.
Renumbered and Amended by Chapter 306, 2023 General Session
