2006 Utah Code - 26-28-3 — Anatomical gifts -- Eligibility to make -- Procedures.

     26-28-3.   Anatomical gifts -- Eligibility to make -- Procedures.
     (1) An individual who is 18 years of age or older may refuse to make an anatomical gift of any part of his own body or may make an anatomical gift of specific parts or of all of his own body to allow any part of his own body to be used for transplantation, therapy, medical or dental education, research, or the advancement of medical or dental science.
     (2) In making an anatomical gift, the individual may:
     (a) limit an anatomical gift to one or more of the purposes listed in Subsection (1); or
     (b) limit an anatomical gift to specific parts of his body.
     (3) An individual may make an anatomical gift only by signing a document of gift. If the individual is physically unable to sign, another person may sign the document of gift in the individual's and two witnesses' presence, and state that the document of gift has been signed in accordance with the individual's wishes.
     (4) Revocation, expiration, or suspension of a license to operate a motor vehicle does not invalidate a document of gift evidenced by the license.
     (5) A document of gift may designate a particular procurement entity to carry out the appropriate procedures. In the absence of a designation or if the designee is not available, or is unable to perform the procedures, or does not desire to perform the procedures, any procurement entity authorized under this chapter may carry out the appropriate procedures.
     (6) An anatomical gift made by will takes effect upon death of the testator, regardless of whether the will is probated. If upon submission to probate, the will is declared invalid, the validity of the anatomical gift is unaffected.
     (7) A donor, or the person who signed a document of gift on behalf of the donor under Subsection (3), may amend or revoke an anatomical gift that is not made by will, only by:
     (a) a signed statement;
     (b) an oral statement made in the presence of two persons;
     (c) any form of communication during a terminal illness or injury addressed to a physician; or
     (d) the delivery of a signed statement to the procurement entity with whom a document of gift has been deposited.
     (8) A person who executes a document of gift as a component of his will may amend or revoke the gift in accordance with Section 75-2-507 or as provided in Subsection (7).
     (9) A document of gift that is not revoked by the donor before death is irrevocable and does not require the consent or concurrence of any person after the donor's death.
     (10) In the absence of contrary indications by the donor, an anatomical gift of a part is neither a refusal to give other parts nor a limitation on an anatomical gift under Section 26-28-4.
     (11) In the absence of contrary indications by the donor, a revocation or amendment of one document of gift is not a refusal to make another subsequent anatomical gift. If the donor intends a revocation to be a refusal to make any anatomical gift, the donor shall make the refusal pursuant to Subsection (12).
     (12) (a) An individual may refuse to make an anatomical gift by:
     (i) a writing signed in the same manner as a document of gift provided for in Subsection (3);
     (ii) a restriction indicated on the Utah Donor Registry; or
     (iii) any other writing used to identify the person as refusing to make an anatomical gift; or

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     (b) during a terminal illness or injury, refusing to make an anatomical gift by making an oral or nonverbal communication witnessed by a person 18 years of age or older.

Amended by Chapter 149, 2004 General Session