2005 Idaho Code - 39-3409 — RIGHTS AND DUTIES AT DEATH

                                  TITLE  39
                              HEALTH AND SAFETY
                                  CHAPTER 34
                          IDAHO ANATOMICAL GIFT ACT
    39-3409.  RIGHTS AND DUTIES AT DEATH. (1) Rights of a procurement entity
created by an anatomical gift are superior to rights of others except with
respect to autopsies under section 39-3412(1), Idaho Code. Subject to the
certification requirements of section 39-3407, Idaho Code, a procurement
entity may accept or reject an anatomical gift. If a procurement entity
accepts an anatomical gift of an entire body, the procurement entity, subject
to the terms of the gift, may allow embalming and use of the body in funeral
services. If the gift is of a part of a body, the procurement entity, upon the
death of the donor and before embalming, shall cause the part to be removed
without unnecessary mutilation. After removal of the part, custody of the
remainder of the body vests in the person under obligation to dispose of the
body.
    (2)  The time of death must be determined by a physician or surgeon who
attends the donor at death or, if none, the physician or surgeon who certifies
the death. Neither the physician or surgeon who attends the donor at death nor
the physician or surgeon who determines the time of death may participate in
the procedures for removing or transplanting a part unless the document of
gift designates a particular physician or surgeon pursuant to section
39-3403(4), Idaho Code.
    (3)  If there has been an anatomical gift, a technician may remove any
donated parts and an enucleator may remove any donated eyes or parts of eyes,
after determination of death by a physician or surgeon.