26-28-107 - Refusal to make anatomical gift -- Effect of refusal.
26-28-107. Refusal to make anatomical gift -- Effect of refusal.
(1) An individual may refuse to make an anatomical gift of the individual's body or partby:
(a) a record signed by:
(i) the individual; or
(ii) subject to Subsection (2), another individual acting at the direction of the individualif the individual is physically unable to sign;
(b) the individual's will, whether or not the will is admitted to probate or invalidated afterthe individual's death; or
(c) any form of communication made by the individual during the individual's terminalillness or injury addressed to at least two adults, at least one of whom is a disinterested witness.
(2) A record signed pursuant to Subsection (1)(a)(ii) must:
(a) be witnessed by at least two adults, at least one of whom is a disinterested witness,who have signed at the request of the individual; and
(b) state that it has been signed and witnessed as provided in Subsection (1)(a).
(3) An individual who has made a refusal may amend or revoke the refusal:
(a) in the manner provided in Subsection (1) for making a refusal;
(b) by subsequently making an anatomical gift pursuant to Section 26-28-105 that isinconsistent with the refusal; or
(c) by destroying or canceling the record evidencing the refusal, or the portion of therecord used to make the refusal, with the intent to revoke the refusal.
(4) Except as otherwise provided in Subsection 26-28-108(8), in the absence of anexpress, contrary indication by the individual set forth in the refusal, an individual's unrevokedrefusal to make an anatomical gift of the individual's body or part bars all other persons frommaking an anatomical gift of the individual's body or part.
Enacted by Chapter 60, 2007 General Session