26-28-111 - Persons that may receive anatomical gift -- Purpose of anatomical gift.
26-28-111. Persons that may receive anatomical gift -- Purpose of anatomical gift.
(1) An anatomical gift may be made to the following persons named in the document ofgift:
(a) a hospital, accredited medical school, dental school, college, university, organprocurement organization, or other appropriate person, for research or education;
(b) subject to Subsection (2), an individual designated by the person making theanatomical gift if the individual is the recipient of the part; or
(c) an eye bank or tissue bank.
(2) If an anatomical gift to an individual under Subsection (1)(b) cannot be transplantedinto the individual, the part passes in accordance with Subsection (7) in the absence of anexpress, contrary indication by the person making the anatomical gift.
(3) If an anatomical gift of one or more specific parts or of all parts is made in adocument of gift that does not name a person described in Subsection (1) but identifies thepurpose for which an anatomical gift may be used, the following rules apply:
(a) If the part is an eye and the gift is for the purpose of transplantation or therapy, thegift passes to the appropriate eye bank.
(b) If the part is tissue and the gift is for the purpose of transplantation or therapy, the giftpasses to the appropriate tissue bank.
(c) If the part is an organ and the gift is for the purpose of transplantation or therapy, thegift passes to the appropriate organ procurement organization as custodian of the organ.
(d) If the part is an organ, an eye, or tissue and the gift is for the purpose of research oreducation, the gift passes to the appropriate procurement organization.
(4) For the purpose of Subsection (3), if there is more than one purpose of an anatomicalgift set forth in the document of gift but the purposes are not set forth in any priority, the giftmust be used for transplantation or therapy, if suitable. If the gift cannot be used fortransplantation or therapy, the gift may be used for research or education.
(5) If an anatomical gift of one or more specific parts is made in a document of gift thatdoes not name a person described in Subsection (1) and does not identify the purpose of the gift,the gift may be used only for transplantation or therapy, and the gift passes in accordance withSubsection (7).
(6) If a document of gift specifies only a general intent to make an anatomical gift bywords such as "donor," "organ donor," or "body donor," or by a symbol or statement of similarimport, the gift may be used only for transplantation or therapy, and the gift passes in accordancewith Subsection (7).
(7) For purposes of Subsections (2), (5), and (7) the following rules apply:
(a) If the part is an eye, the gift passes to the appropriate eye bank.
(b) If the part is tissue, the gift passes to the appropriate tissue bank.
(c) If the part is an organ, the gift passes to the appropriate organ procurementorganization as custodian of the organ.
(8) An anatomical gift of an organ for transplantation or therapy, other than ananatomical gift under Subsection (1)(b), passes to the organ procurement organization ascustodian of the organ.
(9) If an anatomical gift does not pass pursuant to Subsections (2) through (8) or thedecedent's body or part is not used for transplantation, therapy, research, or education, custody ofthe body or part passes to the person under obligation to dispose of the body or part.
(10) A person may not accept an anatomical gift if the person knows that the gift was noteffectively made under Section 26-28-105 or 26-28-110 or if the person knows that the decedentmade a refusal under Section 26-28-107 that was not revoked. For purposes of this Subsection(10), if a person knows that an anatomical gift was made on a document of gift, the person isconsidered to know of any amendment or revocation of the gift or any refusal to make ananatomical gift on the same document of gift.
(11) Except as otherwise provided in Subsection (1)(b), nothing in this chapter affectsthe allocation of organs for transplantation or therapy.
Enacted by Chapter 60, 2007 General Session