26-28-121 - Effect of anatomical gift on advance health care directive.
26-28-121. Effect of anatomical gift on advance health care directive.
(1) As used in this section:
(a) "Advance health care directive" means a power of attorney for health care or a recordsigned or authorized by a prospective donor containing the prospective donor's directionconcerning a health care decision for the prospective donor.
(b) "Declaration" means a record signed by a prospective donor specifying thecircumstances under which a life support system may be withheld or withdrawn from theprospective donor.
(c) "Health care decision" means any decision regarding the health care of theprospective donor.
(2) If a prospective donor has a declaration or advance health care directive and the termsof the declaration or directive and the express or implied terms of a potential anatomical gift arein conflict with regard to the administration of measures necessary to ensure the medicalsuitability of a part for transplantation or therapy, the prospective donor's attending physician andprospective donor shall confer to resolve the conflict. If the prospective donor is incapable ofresolving the conflict, an agent acting under the prospective donor's declaration or directive, or ifno declaration or directive exists or the agent is not reasonably available, another personauthorized by a law other than this chapter to make a health care decision on behalf of theprospective donor, shall act for the donor to resolve the conflict. The conflict must be resolvedas expeditiously as possible. Information relevant to the resolution of the conflict may beobtained from the appropriate procurement organization and any other person authorized to makean anatomical gift for the prospective donor under Section 26-28-109. Before resolution of theconflict, measures necessary to ensure the medical suitability of the part may not be withheld orwithdrawn from the prospective donor if withholding or withdrawing the measures is notcontraindicated by appropriate end of life care.
Amended by Chapter 32, 2008 General Session