ARTICLE 1 - UNIFORM ANATOMICAL GIFT ACT/PROCEDURES
35-5-101. Repealed By Laws 2009, Ch. 97, 3.
35-5-102. Repealed By Laws 2009, Ch. 97, 3.
35-5-103. Repealed By Laws 2009, Ch. 97, 3.
35-5-104. Repealed By Laws 2009, Ch. 97, 3.
35-5-105. Repealed By Laws 2009, Ch. 97, 3.
35-5-106. Repealed By Laws 2009, Ch. 97, 3.
35-5-107. Repealed By Laws 2009, Ch. 97, 3.
35-5-108. Repealed By Laws 2009, Ch. 97, 3.
35-5-109. Repealed By Laws 2009, Ch. 97, 3.
35-5-110. Repealed By Laws 2009, Ch. 97, 3.
35-5-111. Repealed By Laws 2009, Ch. 97, 3.
35-5-112. Repealed By Laws 2009, Ch. 97, 3.
35-5-113. Repealed By Laws 2009, Ch. 97, 3.
35-5-114. Repealed By Laws 2009, Ch. 97, 3.
35-5-115. Repealed By Laws 2009, Ch. 97, 3.
35-5-116. Repealed By Laws 2009, Ch. 97, 3.
35-5-117. Repealed By Laws 2009, Ch. 97, 3.
35-5-118. Repealed By Laws 2009, Ch. 97, 3.
35-5-119. Repealed By Laws 2009, Ch. 97, 3.
ARTICLE 2 - REVISED UNIFORM ANATOMICAL GIFT ACT
35-5-201. Short title.
This act may be cited as the "RevisedUniform Anatomical Gift Act".
35-5-202. Definitions.
(a) As used in this act:
(i) "Agent" means an individual:
(A) Authorized to make health-care decisions on the principal'sbehalf by a power of attorney for health care; or
(B) Expressly authorized to make an anatomical gift on theprincipal's behalf by any other record signed by the principal.
(ii) "Anatomical gift" means a donation of all or partof a human body to take effect after the donor's death for the purpose oftransplantation, therapy, research or education;
(iii) "Decedent" means a deceased individual whose bodyor part is or may be the source of an anatomical gift. The term includes astillborn infant and, subject to restrictions imposed by law other than this act,a fetus;
(iv) "Department" means the department oftransportation;
(v) "Disinterested witness" means a witness otherthan the spouse, child, parent, sibling, grandchild, grandparent or guardian ofthe individual who makes, amends, revokes or refuses to make an anatomicalgift, or another adult who exhibited special care and concern for theindividual. The term does not include a person to which an anatomical giftcould pass under W.S. 35-5-211;
(vi) "Document of gift" means a donor card or other recordused to make an anatomical gift. The term includes a statement or symbol on adriver's license, identification card or donor registry;
(vii) "Donor" means an individual whose body or part isthe subject of an anatomical gift;
(viii) "Donor registry" means a database that containsrecords of anatomical gifts and amendments to or revocations of anatomicalgifts;
(ix) "Driver's license" means a license or permitissued by the department to operate a vehicle, whether or not conditions areattached to the license or permit;
(x) "Eye bank" means a person who is licensed,accredited or regulated under federal or state law to engage in the recovery,screening, testing, processing, storage or distribution of human eyes orportions of human eyes;
(xi) "Guardian" means a person appointed by a court tomake decisions regarding the support, care, education, health or welfare of anindividual. The term does not include a guardian ad litem;
(xii) "Hospital" means a facility licensed as ahospital under the law of any state or a facility operated as a hospital by theUnited States, a state or a subdivision of a state;
(xiii) "Identification card" means an identificationcard issued by the department;
(xiv) "Know" means to have actual knowledge;
(xv) "Organ procurement organization" means a persondesignated by the secretary of the United States department of health and humanservices as an organ procurement organization;
(xvi) "Parent" means a parent whose parental rightshave not been terminated;
(xvii) "Part" means an organ, an eye or tissue of ahuman being. The term does not include the whole body;
(xviii) "Physician" means an individual authorized topractice medicine or osteopathy under the law of any state;
(xix) "Procurement organization" means an eye bank,organ procurement organization or tissue bank;
(xx) "Prospective donor" means an individual who isdead or near death and has been determined by a procurement organization tohave a part that could be medically suitable for transplantation, therapy,research or education. The term does not include an individual who has made arefusal;
(xxi) "Reasonably available" means able to be contactedby a procurement organization without undue effort and willing and able to actin a timely manner consistent with existing medical criteria necessary for themaking of an anatomical gift;
(xxii) "Recipient" means an individual into whose body adecedent's part has been or is intended to be transplanted;
(xxiii) "Record" means information that is inscribed on atangible medium or that is stored in an electronic or other medium and isretrievable in perceivable form;
(xxiv) "Refusal" means a record created under W.S.35-5-207 that expressly states an intent to bar other persons from making ananatomical gift of an individual's body or part;
(xxv) "Sign" means, with the present intent to authenticateor adopt a record:
(A) To execute or adopt a tangible symbol; or
(B) To attach to or logically associate with the record anelectronic symbol, sound or process.
(xxvi) "State" means a state of the United States, theDistrict of Columbia, Puerto Rico, the United States Virgin Islands or anyterritory or insular possession subject to the jurisdiction of the UnitedStates;
(xxvii) "Technician" means an individual determined to bequalified to remove or process parts by an appropriate organization that islicensed, accredited or regulated under federal or state law. The termincludes an enucleator;
(xxviii) "Tissue" means a portion of the human body otherthan an organ or an eye. The term does not include blood unless the blood isdonated for the purpose of research or education;
(xxix) "Tissue bank" means a person that is licensed,accredited or regulated under federal or state law to engage in the recovery,screening, testing, processing, storage or distribution of tissue;
(xxx) "Transplant hospital" means a hospital thatfurnishes organ transplants and other medical and surgical specialty servicesrequired for the care of transplant patients;
(xxxi) "This act" means W.S. 35-5-201 through 35-5-225.
35-5-203. Applicability.
This act applies to an anatomical gift oramendment to, revocation of, or refusal to make an anatomical gift, whenevermade. All anatomical gifts deemed to be effective under W.S. 35-5-101 through35-5-119, prior to its repeal by this enactment, shall continue to be deemedand regarded to be effective after the effective date of this act.
35-5-204. Who may make anatomical gift before donor's death.
(a) Subject to W.S. 35-5-208, an anatomical gift of a donor'sbody or part may be made during the life of the donor for the purpose oftransplantation, therapy, research or education in the manner provided in W.S.35-5-205 by:
(i) The donor, if the donor is an adult or if the donor is aminor and is:
(A) Emancipated; or
(B) Authorized under state law to apply for a driver's licensebecause the donor is at least sixteen (16) years of age.
(ii) An agent of the donor, unless the power of attorney forhealth care or other record prohibits the agent from making an anatomical gift;
(iii) A parent of the donor, if the donor is an unemancipatedminor to whom subparagraph (i)(B) of this subsection does not apply; or
(iv) The donor's guardian, if the donor is an unemancipatedminor to whom subparagraph (i)(B) of this subsection does not apply.
35-5-205. Manner of making anatomical gift before donor's death.
(a) A donor may make an anatomical gift:
(i) By authorizing a statement or symbol indicating that thedonor has made an anatomical gift to be imprinted on the donor's driver'slicense or identification card;
(ii) In a will;
(iii) During a terminal illness or injury of the donor, by anyform of communication addressed to at least two (2) adults, at least one (1) ofwhom is a disinterested witness; or
(iv) As provided in subsection (b) of this section.
(b) A donor or other person authorized to make an anatomicalgift under W.S. 35-5-204 may make a gift by a donor card or other record signedby the donor or other person making the gift or by authorizing that a statementor symbol indicating that the donor has made an anatomical gift be included ona donor registry. If the donor or other person is physically unable to sign arecord, the record may be signed by another individual at the direction of thedonor or other person and shall:
(i) Be witnessed by at least two (2) adults, at least one (1)of whom is a disinterested witness, who have signed at the request of the donoror the other person; and
(ii) State that it has been signed and witnessed as provided inparagraph (i) of this subsection.
(c) Revocation, suspension, expiration or cancellation of adriver's license or identification card upon which an anatomical gift isindicated does not invalidate the gift.
(d) An anatomical gift made by will takes effect upon thedonor's death whether or not the will is probated. Invalidation of the willafter the donor's death does not invalidate the gift.
35-5-206. Amending or revoking anatomical gift before donor's death.
(a) Subject to W.S. 35-5-208, a donor or other personauthorized to make an anatomical gift under W.S. 35-5-204 may amend or revokean anatomical gift by:
(i) A record signed by:
(A) The donor;
(B) The other person; or
(C) Subject to subsection (b) of this section, anotherindividual acting at the direction of the donor or the other person if thedonor or other person is physically unable to sign.
(ii) A later-executed document of gift that amends or revokes aprevious anatomical gift or portion of an anatomical gift, either expressly orby inconsistency.
(b) A record signed pursuant to subparagraph (a)(i)(C) of thissection shall:
(i) Be witnessed by at least two (2) adults, at least one (1)of whom is a disinterested witness, who have signed at the request of the donoror the other person; and
(ii) State that it has been signed and witnessed as provided inparagraph (i) of this subsection.
(c) Subject to W.S. 35-5-208, a donor or other personauthorized to make an anatomical gift under W.S. 35-5-204 may revoke ananatomical gift by the destruction or cancellation of the document of gift, orthe portion of the document of gift used to make the gift, with the intent torevoke the gift.
(d) A donor may amend or revoke an anatomical gift that was notmade in a will by any form of communication during a terminal illness or injuryaddressed to at least two (2) adults, at least one (1) of whom is adisinterested witness.
(e) A donor who makes an anatomical gift in a will may amend orrevoke the gift in the manner provided for amendment or revocation of wills oras provided in subsection (a) of this section.
35-5-207. Refusal to make anatomical gift; effect of refusal.
(a) An individual may refuse to make an anatomical gift of theindividual's body or part by:
(i) A record signed by:
(A) The individual; or
(B) Subject to subsection (b) of this section, anotherindividual acting at the direction of the individual if the individual isphysically unable to sign.
(ii) The individual's will, whether or not the will is admittedto probate or invalidated after the individual's death; or
(iii) Any form of communication made by the individual during theindividual's terminal illness or injury addressed to at least two (2) adults,at least one (1) of whom is a disinterested witness.
(b) A record signed pursuant to subparagraph (a)(i)(B) of thissection shall:
(i) Be witnessed by at least two (2) adults, at least one (1)of whom is a disinterested witness, who have signed at the request of theindividual; and
(ii) State that it has been signed and witnessed as provided inparagraph (i) of this subsection.
(c) An individual who has made a refusal may amend or revokethe refusal:
(i) In the manner provided in subsection (a) of this sectionfor making a refusal;
(ii) By subsequently making an anatomical gift pursuant to W.S.35-5-205 that is inconsistent with the refusal; or
(iii) By destroying or cancelling the record evidencing therefusal, or the portion of the record used to make the refusal, with the intentto revoke the refusal.
(d) Except as otherwise provided in W.S. 35-5-208(h), in theabsence of an express, contrary indication by the individual set forth in therefusal, an individual's unrevoked refusal to make an anatomical gift of theindividual's body or part bars all other persons from making an anatomical giftof the individual's body or part.
35-5-208. Preclusive effect of anatomical gift, amendment orrevocation.
(a) Except as otherwise provided in subsection (g) and subjectto subsection (f) of this section, in the absence of an express, contraryindication by the donor, a person other than the donor is barred from making,amending or revoking an anatomical gift of a donor's body or part if the donormade an anatomical gift of the donor's body or part under W.S. 35-5-205 or anamendment to an anatomical gift of the donor's body or part under W.S.35-5-206.
(b) A donor's revocation of an anatomical gift of the donor'sbody or part under W.S. 35-5-206 is not a refusal and does not bar anotherperson specified in W.S. 35-5-204 or 35-5-209 from making an anatomical gift ofthe donor's body or part under W.S. 35-5-205 or 35-5-210.
(c) If a person other than the donor makes an unrevokedanatomical gift of the donor's body or part under W.S. 35-5-205 or an amendmentto an anatomical gift of the donor's body or part under W.S. 35-5-206, anotherperson may not make, amend or revoke the gift of the donor's body or part underW.S. 35-5-210.
(d) A revocation of an anatomical gift of a donor's body orpart under W.S. 35-5-206 by a person other than the donor does not bar anotherperson from making an anatomical gift of the body or part under W.S. 35-5-205or 35-5-210.
(e) In the absence of an express, contrary indication by thedonor or other person authorized to make an anatomical gift under W.S.35-5-204, an anatomical gift of a part is neither a refusal to give anotherpart nor a limitation on the making of an anatomical gift of another part at alater time by the donor or another person.
(f) In the absence of an express, contrary indication by thedonor or other person authorized to make an anatomical gift under W.S.35-5-204, an anatomical gift of a part for one (1) or more of the purposes setforth in W.S. 35-5-204 is not a limitation on the making of an anatomical giftof the part for any of the other purposes by the donor or any other personunder W.S. 35-5-205 or 35-5-210.
(g) If a donor who is an unemancipated minor dies, a parent ofthe donor who is reasonably available may revoke or amend an anatomical gift ofthe donor's body or part.
(h) If an unemancipated minor who signed a refusal dies, aparent of the minor who is reasonably available may revoke the minor's refusal.
35-5-209. Who may make anatomical gift ofdecedent's body or part.
(a) Subject to subsections (b) and (c) of this section andunless barred by W.S. 35-5-207 or 35-5-208, an anatomical gift of a decedent'sbody or part for purpose of transplantation, therapy, research or education maybe made by any member of the following classes of persons who is reasonablyavailable, in the order of priority listed:
(i) An agent of the decedent at the time of death who couldhave made an anatomical gift under W.S. 35-5-204(a)(ii) immediately before thedecedent's death;
(ii) The spouse of the decedent;
(iii) Adult children of the decedent;
(iv) Parents of the decedent;
(v) Adult siblings of the decedent;
(vi) Adult grandchildren of the decedent;
(vii) Grandparents of the decedent;
(viii) An adult who exhibited special care and concern for thedecedent;
(ix) The persons who were acting as the guardians of the personof the decedent at the time of death; and
(x) Any other person having the authority to dispose of thedecedent's body.
(b) If there is more than one (1) member of a class listed inparagraph (i), (iii), (iv), (v), (vi), (vii) or (ix) of subsection (a) of thissection entitled to make an anatomical gift, an anatomical gift may be made bya member of the class unless that member or a person to which the gift may passunder W.S. W.S. 35-5-211 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of themembers of the class who are reasonably available.
(c) A person may not make an anatomical gift if, at the time ofthe decedent's death, a person in a prior class under subsection (a) of thissection is reasonably available to make or to object to the making of ananatomical gift.
35-5-210. Manner of making, amending or revoking anatomical gift ofdecedent's body or part.
(a) A person authorized to make an anatomical gift under W.S.35-5-209 may make an anatomical gift by a document of gift signed by the personmaking the gift or by that person's oral communication that is electronicallyrecorded or is contemporaneously reduced to a record and signed by theindividual receiving the oral communication.
(b) Subject to subsection (c) of this section, an anatomicalgift by a person authorized under W.S. 35-5-209 may be amended or revokedorally or in a record by any member of a prior class who is reasonablyavailable. If more than one (1) member of the prior class is reasonablyavailable, the gift made by a person authorized under W.S. 35-5-209 may be:
(i) Amended only if a majority of the reasonably availablemembers agree to the amending of the gift; or
(ii) Revoked only if a majority of the reasonably availablemembers agree to the revocation of the gift or if they are equally divided asto whether to revoke the gift.
(c) A revocation under subsection (b) of this section iseffective only if, before an incision has been made to remove a part from thedonor's body or before invasive procedures have begun to prepare the recipient,the procurement organization, transplant hospital or physician or technicianknows of the revocation.
35-5-211. Persons that may receiveanatomical gift; purpose of anatomical gift.
(a) An anatomical gift may be made to the following persons namedin the document of gift:
(i) For purposes of research or education, a hospital,accredited medical school, dental school, college or university, organprocurement organization or any appropriate person;
(ii) Subject to subsection (b) of this section, an individualdesignated by the person making the anatomical gift if the individual is therecipient of the part;
(iii) A named eye bank or tissue bank.
(b) If an anatomical gift to an individual under paragraph(a)(ii) of this section cannot be transplanted into the individual, the partpasses in accordance with subsection (g) of this section in the absence of anexpress, contrary indication by the person making the anatomical gift.
(c) If an anatomical gift of one (1) or more specific parts orof all parts is made in a document of gift that does not name a persondescribed in subsection (a) of this section but identifies the purpose forwhich an anatomical gift may be used, the following rules apply:
(i) If the part is an eye and the gift is for the purpose oftransplantation or therapy, the gift passes to the appropriate eye bank;
(ii) If the part is tissue and the gift is for the purpose oftransplantation or therapy, the gift passes to the appropriate tissue bank;
(iii) If the part is an organ and the gift is for the purpose oftransplantation or therapy, the gift passes to the appropriate organprocurement organization as custodian of the organ;
(iv) If the part is an organ, an eye or tissue and the gift isfor the purpose of research or education, the gift passes to the appropriateprocurement organization.
(d) For the purpose of subsection (c) of this section, if thereis more than one (1) purpose of an anatomical gift set forth in the document ofgift but the purposes are not set forth in any priority, the gift shall be usedfor transplantation or therapy, if suitable. If the gift cannot be used fortransplantation or therapy, the gift may be used for research or education.
(e) If an anatomical gift of one (1) or more specific parts ismade in a document of gift that does not name a person described in subsection(a) of this section and does not identify the purpose of the gift, the gift maybe used only for transplantation or therapy, and the gift passes in accordancewith subsection (g) of this section.
(f) If a document of gift specifies only a general intent tomake an anatomical gift by words such as "donor," "organdonor," or "body donor," or by a symbol or statement of similarimport, the gift may be used only for transplantation or therapy, and the giftpasses in accordance with subsection (g) of this section.
(g) For purposes of subsections (b), (e) and (f) of thissection, the following rules apply:
(i) If the part is an eye, the gift passes to the appropriateeye bank;
(ii) If the part is tissue, the gift passes to the appropriatetissue bank;
(iii) If the part is an organ, the gift passes to the appropriateorgan procurement organization as custodian of the organ.
(h) An anatomical gift of an organ for transplantation ortherapy, other than an anatomical gift under paragraph (a)(ii) of this section,passes to the organ procurement organization as custodian of the organ.
(j) If an anatomical gift does not pass pursuant to subsections(a) through (h) of this section or the decedent's body or part is not used fortransplantation, therapy, research or education, custody of the body or partpasses to the person under obligation to dispose of the body or part.
(k) A person may not accept an anatomical gift if the personknows that the gift was not effectively made under W.S. 35-5-205 or 35-5-210 orif the person knows that the decedent made a refusal under W.S. 35-5-207 thatwas not revoked. For purposes of this subsection, if a person knows that ananatomical gift was made on a document of gift, the person is deemed to know ofany amendment or revocation of the gift or any refusal to make an anatomicalgift on the same document of gift.
(m) Except as otherwise provided in paragraph (a)(ii) of thissection, nothing in this act affects the allocation of organs fortransplantation or therapy.
35-5-212. Delivery of document of gift notrequired; right to examine.
(a) A document of gift need not be delivered during the donor'slifetime to be effective.
(b) Upon or after an individual's death, a person in possessionof a document of gift or a refusal to make an anatomical gift with respect tothe individual shall allow examination and copying of the document of gift orrefusal by a person authorized to make or object to the making of an anatomicalgift with respect to the individual or by a person to which the gift could passunder W.S. 35-5-211.
35-5-213. Rights and duties of procurementorganization and others.
(a) When a hospital refers an individual at or near death to aprocurement organization, the organization shall make a reasonable search ofthe records of the department and any donor registry that it knows exists forthe geographical area in which the individual resides to ascertain whether theindividual has made an anatomical gift.
(b) A procurement organization shall be allowed reasonableaccess to information in the records of the department to ascertain whether anindividual at or near death is a donor.
(c) When a hospital refers an individual at or near death to aprocurement organization, the organization may conduct any reasonableexamination necessary to ensure the medical suitability of a part that is orcould be the subject of an anatomical gift for transplantation, therapy,research or education from a donor or a prospective donor. During theexamination period, measures necessary to ensure the medical suitability of thepart may not be withdrawn unless the hospital or procurement organization knowsthat the individual expressed a contrary intent.
(d) Unless prohibited by law other than this act, at any timeafter a donor's death, the person to whom a part passes under W.S. 35-5-211 mayconduct any reasonable examination necessary to ensure the medical suitabilityof the body or part for its intended purpose.
(e) Unless prohibited by law other than this act, anexamination under subsection (c) or (d) of this section may include anexamination of all medical and dental records of the donor or prospectivedonor.
(f) Upon the death of a minor who was a donor or had signed arefusal, unless a procurement organization knows the minor is emancipated, theprocurement organization shall conduct a reasonable search for the parents ofthe minor and provide the parents with an opportunity to revoke or amend the anatomicalgift or revoke the refusal.
(g) Upon referral by a hospital under subsection (a) of thissection, a procurement organization shall make a reasonable search for anyperson listed in W.S. 35-5-209 having priority to make an anatomical gift on behalfof a prospective donor. If a procurement organization receives informationthat an anatomical gift to any other person was made, amended or revoked, itshall promptly advise the other person of all relevant information.
(h) Subject to W.S. 35-5-211(j) and 35-5-223, the rights of theperson to whom a part passes under W.S. 35-5-211 are superior to the rights ofall others with respect to the part. The person may accept or reject ananatomical gift in whole or in part. Subject to the terms of the document ofgift and this act, a person who accepts an anatomical gift of an entire bodymay allow embalming, burial or cremation, and use of remains in a funeralservice. If the gift is of a part, the person to whom the part passes underW.S. 35-5-211, upon the death of the donor and before embalming, burial orcremation, shall cause the part to be removed without unnecessary mutilation.
(j) Neither the physician who attends the decedent at death northe physician who determines the time of the decedent's death may participatein the procedures for removing or transplanting a part from the decedent.
(k) A physician or technician may remove a donated part fromthe body of a donor that the physician or technician is qualified to remove.
35-5-214. Coordination of procurement anduse.
Each hospital in this state shall enterinto agreements or affiliations with procurement organizations for coordinationof procurement and use of anatomical gifts.
35-5-215. Sale or purchase of partsprohibited.
(a) Except as otherwise provided in subsection (b) of thissection, a person who for valuable consideration, knowingly purchases or sellsa part for transplantation or therapy if removal of a part from an individualis intended to occur after the individual's death commits a felony punishableby imprisonment for not more than five (5) years, a fine of not more than fiftythousand dollars ($50,000.00) or both.
(b) A person may charge a reasonable amount for the removal,processing, preservation, quality control, storage, transportation,implantation or disposal of a part.
35-5-216. Other prohibited acts.
A person who, in order to obtain afinancial gain, intentionally falsifies, forges, conceals, defaces orobliterates a document of gift, an amendment or revocation of a document ofgift, or a refusal commits a misdemeanor punishable by imprisonment for notmore than one (1) year, a fine of not more than one thousand dollars($1,000.00) or both.
35-5-217. Immunity.
(a) A person who acts in accordance with this act or with theapplicable anatomical gift law of another state, or attempts in good faith todo so, is not liable for the act in a civil action, criminal prosecution oradministrative proceeding.
(b) Neither the person making an anatomical gift nor thedonor's estate is liable for any injury or damage that results from the makingor use of the gift.
(c) In determining whether an anatomical gift has been made,amended or revoked under this act, a person may rely upon representations of anindividual listed in W.S. 35-5-209(a)(ii), (iii), (iv), (v), (vi), (vii) or(viii) relating to the individual's relationship to the donor or prospectivedonor unless the person knows that the representation is untrue.
35-5-218. Law governing validity; choice of law as to execution ofdocument of gift; presumption of validity.
(a) A document of gift is valid if executed in accordance with:
(i) This act;
(ii) The laws of the state or country where it was executed; or
(iii) The laws of the state or country where the person makingthe anatomical gift was domiciled, has a place of residence or was a nationalat the time the document of gift was executed.
(b) If a document of gift is valid under this section, the lawof this state governs the interpretation of the document of gift.
(c) A person may presume that a document of gift or amendmentof an anatomical gift is valid unless that person knows that it was not validlyexecuted or was revoked.
35-5-219. Donor registry.
(a) The department shall electronically transfer to aprocurement organization the information that appears on the front of thedriver's license or identification card, to include the name, gender, date ofbirth, social security number if it appears on the license or card, driver'slicense or identification card number, issue date or renewal date and addressof the individual identified as a donor. The department shall alsoelectronically transfer any subsequent change in the donor's status, includingrevocation of the gift. The department shall submit to the department ofhealth a statement of costs incurred to initially install and establish theelectronic transfer of donor information. The department of health shalldirect the state auditor to reimburse the department for the costs from theanatomical awareness account under W.S. 35-5-225 to the extent there are fundsin that account. There shall be no charge to a procurement organization forthe transfer of donor information.
(b) With the information obtained from the department and fromother sources including donors and donors' agents pursuant to W.S. 35-5-205(b),the procurement organization shall establish and maintain a statewide organ andtissue donor registry to facilitate organ and tissue donations. The costincurred to create and maintain the registry shall be paid by the procurementorganization. Registry information shall be accessible to any procurementorganization located in Wyoming and may be disseminated to a procurementorganization in another state for the recovery or placement of organs andtissue. Registry information may also be disseminated to Wyoming eye banksunder this section.
(c) A donor registry shall:
(i) Allow a donor or other person authorized under W.S.35-5-204 to include on the donor registry a statement or symbol that the donorhas made, amended or revoked an anatomical gift;
(ii) Be accessible to a procurement organization to allow it toobtain relevant information on the donor registry to determine, at or neardeath of the donor or a prospective donor, whether the donor or prospectivedonor has made, amended or revoked an anatomical gift; and
(iii) Be accessible for purposes of paragraphs (i) and (ii) ofthis subsection seven (7) days a week on a twenty-four (24) hour basis.
(d) Personally identifiable information on a donor registryabout a donor or prospective donor may not be used or disclosed without theexpress consent of the donor, prospective donor or person who made theanatomical gift for any purpose other than to determine, at or near death ofthe donor or prospective donor, whether the donor or prospective donor hasmade, amended or revoked an anatomical gift.
(e) This section does not prohibit any person from creating ormaintaining a donor registry that is not established by or under contract withthe state. Any such registry shall comply with subsections (c) and (d) of thissection.
35-5-220. Effect of anatomical gift on advance health care directive.
(a) In this section:
(i) "Advance health-care directive" means a power ofattorney for health care or a record signed or authorized by a prospectivedonor containing the prospective donor's direction concerning a health-caredecision for the prospective donor;
(ii) "Declaration" means a record signed by aprospective donor specifying the circumstances under which a life supportsystem may be withheld or withdrawn from the prospective donor;
(iii) "Health-care decision" means any decisionregarding the health care of the prospective donor.
(b) If a prospective donor has a declaration or advancehealth-care directive and the terms of the declaration or directive and theexpress or implied terms of a potential anatomical gift are in conflict withregard to the administration of measures necessary to ensure the medicalsuitability of a part for transplantation or therapy, the prospective donor'sattending physician and prospective donor shall confer to resolve theconflict. If the prospective donor is incapable of resolving the conflict, anagent acting under the prospective donor's declaration or directive, or, ifnone or the agent is not reasonably available, another person authorized by lawother than this act to make health-care decisions on behalf of the prospectivedonor, shall act for the donor to resolve the conflict. The conflict shall beresolved as expeditiously as possible. Information relevant to the resolutionof the conflict may be obtained from the appropriate procurement organizationand any other person authorized to make an anatomical gift for the prospectivedonor under W.S. 35-5-209. Before resolution of the conflict, measuresnecessary to ensure the medical suitability of the part may not be withheld orwithdrawn from the prospective donor if withholding or withdrawing the measuresis not contraindicated by appropriate end-of-life care.
35-5-221. Cooperation between coroner and procurement organization.
(a) A coroner shall cooperate with procurement organizations tomaximize the opportunity to recover anatomical gifts for the purpose oftransplantation, therapy, research or education.
(b) If a coroner receives notice from a procurementorganization that an anatomical gift might be available or was made withrespect to a decedent whose body is under the jurisdiction of the coroner and apost-mortem examination is going to be performed, unless the coroner deniesrecovery in accordance with W.S. 35-5-223, the coroner or designee shallconduct a post-mortem examination of the body or the part in a manner andwithin a period compatible with its preservation for the purposes of the gift.
(c) A part may not be removed from the body of a decedent underthe jurisdiction of a coroner for transplantation, therapy, research oreducation unless the part is the subject of an anatomical gift. The body of adecedent under the jurisdiction of the coroner may not be delivered to a personfor research or education unless the body is the subject of an anatomicalgift. This subsection does not preclude a coroner from performing themedicolegal investigation upon the body or parts of a decedent under thejurisdiction of the coroner.
35-5-222. Facilitation of anatomical giftfrom decedent whose body is under jurisdiction of coroner.
(a) Upon request of a procurement organization, a coroner shallrelease to the procurement organization the name, contact information andavailable medical and social history of a decedent whose body is under thejurisdiction of the coroner. If the decedent's body or part is medicallysuitable for transplantation, therapy, research or education, the coroner shallrelease post-mortem examination results to the procurement organization. Theprocurement organization may make a subsequent disclosure of the post-mortemexamination results or other information received from the coroner only ifrelevant to transplantation or therapy.
(b) The coroner may conduct a medicolegal examination byreviewing all medical records, laboratory test results, x-rays, otherdiagnostic results and other information that any person possesses about adonor or prospective donor whose body is under the jurisdiction of the coronerwhich the coroner determines may be relevant to the investigation.
(c) A person who has any information requested by a coronerpursuant to subsection (b) of this section shall provide that information asexpeditiously as possible to allow the coroner to conduct the medicolegalinvestigation within a period compatible with the preservation of parts for thepurpose of transplantation, therapy, research or education.
(d) If an anatomical gift has been or might be made of a partof a decedent whose body is under the jurisdiction of the coroner and apost-mortem examination is not required, or the coroner determines that apost-mortem examination is required but that the recovery of the part that isthe subject of an anatomical gift will not interfere with the examination, thecoroner and procurement organization shall cooperate in the timely removal ofthe part from the decedent for the purpose of transplantation, therapy,research or education.
(e) If an anatomical gift of a part from the decedent under thejurisdiction of the coroner has been or might be made, but the coronerinitially believes that the recovery of the part could interfere with thepost-mortem investigation into the decedent's cause or manner of death, thecoroner shall consult with the procurement organization or physician ortechnician designated by the procurement organization about the proposedrecovery. After consultation, the coroner may deny the recovery.
(f) The coroner and procurement organization shall enter intoan agreement establishing protocols and procedures governing relations betweenthem when the coroner believes that the recovery of a part for anatomical giftfrom a decedent whose body is under the jurisdiction of the coroner couldinterfere with the post-mortem investigation into the decedent's cause ormanner of death or the documentation or preservation of evidence. Decisionsregarding the recovery of a part from the decedent shall be made in accordancewith the agreement.
(g) If the coroner or designee denies recovery under subsection(f) of this section, the coroner or designee shall:
(i) Explain in a record the specific reasons for not allowingrecovery of the part;
(ii) Include the specific reasons in the records of the coroner;and
(iii) Provide a record with the specific reasons to theprocurement organization.
(h) If the coroner or designee allows recovery of a part undersubsection (d), (e) or (f) of this section, the procurement organization, uponrequest, shall cause the physician or technician who removes the part toprovide the coroner with a record describing the condition of the part, abiopsy, a photograph and any other information and observations that wouldassist in the post-mortem examination.
(j) If a coroner or designee is required to be present at aremoval procedure under subsection (f) of this section, upon request theprocurement organization requesting the recovery of the part shall reimbursethe coroner or designee for the additional costs incurred in complying withsubsection (f) of this section.
35-5-223. Uniformity of application andconstruction.
In applying and construing this uniformact, consideration shall be given to the need to promote uniformity of the lawwith respect to its subject matter among states that enact it.
35-5-224. Relation to ElectronicSignatures in Global and National Commerce Act.
This act modifies, limits and supersedesthe Electronic Signatures in Global and National Commerce Act, 15 U.S.C.Section 7001 et seq., but does not modify, limit or supersede Section 101(a) ofthat act, 15 U.S.C. Section 7001, or authorize electronic delivery of any ofthe notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
35-5-225. Promotion of anatomical gifts.
Any money received from donations by ownersof vehicles under W.S. 31-3-101(h) shall be deposited into a separateanatomical awareness account to be used by the department of health and itsadvisory council to promote general public awareness and education for theprocurement of organ and tissue donations for anatomical gifts pursuant to thisact.
ARTICLE 1 - UNIFORM ANATOMICAL GIFT ACT/PROCEDURES
35-5-101. Repealed By Laws 2009, Ch. 97, 3.
35-5-102. Repealed By Laws 2009, Ch. 97, 3.
35-5-103. Repealed By Laws 2009, Ch. 97, 3.
35-5-104. Repealed By Laws 2009, Ch. 97, 3.
35-5-105. Repealed By Laws 2009, Ch. 97, 3.
35-5-106. Repealed By Laws 2009, Ch. 97, 3.
35-5-107. Repealed By Laws 2009, Ch. 97, 3.
35-5-108. Repealed By Laws 2009, Ch. 97, 3.
35-5-109. Repealed By Laws 2009, Ch. 97, 3.
35-5-110. Repealed By Laws 2009, Ch. 97, 3.
35-5-111. Repealed By Laws 2009, Ch. 97, 3.
35-5-112. Repealed By Laws 2009, Ch. 97, 3.
35-5-113. Repealed By Laws 2009, Ch. 97, 3.
35-5-114. Repealed By Laws 2009, Ch. 97, 3.
35-5-115. Repealed By Laws 2009, Ch. 97, 3.
35-5-116. Repealed By Laws 2009, Ch. 97, 3.
35-5-117. Repealed By Laws 2009, Ch. 97, 3.
35-5-118. Repealed By Laws 2009, Ch. 97, 3.
35-5-119. Repealed By Laws 2009, Ch. 97, 3.
ARTICLE 2 - REVISED UNIFORM ANATOMICAL GIFT ACT
35-5-201. Short title.
This act may be cited as the "RevisedUniform Anatomical Gift Act".
35-5-202. Definitions.
(a) As used in this act:
(i) "Agent" means an individual:
(A) Authorized to make health-care decisions on the principal'sbehalf by a power of attorney for health care; or
(B) Expressly authorized to make an anatomical gift on theprincipal's behalf by any other record signed by the principal.
(ii) "Anatomical gift" means a donation of all or partof a human body to take effect after the donor's death for the purpose oftransplantation, therapy, research or education;
(iii) "Decedent" means a deceased individual whose bodyor part is or may be the source of an anatomical gift. The term includes astillborn infant and, subject to restrictions imposed by law other than this act,a fetus;
(iv) "Department" means the department oftransportation;
(v) "Disinterested witness" means a witness otherthan the spouse, child, parent, sibling, grandchild, grandparent or guardian ofthe individual who makes, amends, revokes or refuses to make an anatomicalgift, or another adult who exhibited special care and concern for theindividual. The term does not include a person to which an anatomical giftcould pass under W.S. 35-5-211;
(vi) "Document of gift" means a donor card or other recordused to make an anatomical gift. The term includes a statement or symbol on adriver's license, identification card or donor registry;
(vii) "Donor" means an individual whose body or part isthe subject of an anatomical gift;
(viii) "Donor registry" means a database that containsrecords of anatomical gifts and amendments to or revocations of anatomicalgifts;
(ix) "Driver's license" means a license or permitissued by the department to operate a vehicle, whether or not conditions areattached to the license or permit;
(x) "Eye bank" means a person who is licensed,accredited or regulated under federal or state law to engage in the recovery,screening, testing, processing, storage or distribution of human eyes orportions of human eyes;
(xi) "Guardian" means a person appointed by a court tomake decisions regarding the support, care, education, health or welfare of anindividual. The term does not include a guardian ad litem;
(xii) "Hospital" means a facility licensed as ahospital under the law of any state or a facility operated as a hospital by theUnited States, a state or a subdivision of a state;
(xiii) "Identification card" means an identificationcard issued by the department;
(xiv) "Know" means to have actual knowledge;
(xv) "Organ procurement organization" means a persondesignated by the secretary of the United States department of health and humanservices as an organ procurement organization;
(xvi) "Parent" means a parent whose parental rightshave not been terminated;
(xvii) "Part" means an organ, an eye or tissue of ahuman being. The term does not include the whole body;
(xviii) "Physician" means an individual authorized topractice medicine or osteopathy under the law of any state;
(xix) "Procurement organization" means an eye bank,organ procurement organization or tissue bank;
(xx) "Prospective donor" means an individual who isdead or near death and has been determined by a procurement organization tohave a part that could be medically suitable for transplantation, therapy,research or education. The term does not include an individual who has made arefusal;
(xxi) "Reasonably available" means able to be contactedby a procurement organization without undue effort and willing and able to actin a timely manner consistent with existing medical criteria necessary for themaking of an anatomical gift;
(xxii) "Recipient" means an individual into whose body adecedent's part has been or is intended to be transplanted;
(xxiii) "Record" means information that is inscribed on atangible medium or that is stored in an electronic or other medium and isretrievable in perceivable form;
(xxiv) "Refusal" means a record created under W.S.35-5-207 that expressly states an intent to bar other persons from making ananatomical gift of an individual's body or part;
(xxv) "Sign" means, with the present intent to authenticateor adopt a record:
(A) To execute or adopt a tangible symbol; or
(B) To attach to or logically associate with the record anelectronic symbol, sound or process.
(xxvi) "State" means a state of the United States, theDistrict of Columbia, Puerto Rico, the United States Virgin Islands or anyterritory or insular possession subject to the jurisdiction of the UnitedStates;
(xxvii) "Technician" means an individual determined to bequalified to remove or process parts by an appropriate organization that islicensed, accredited or regulated under federal or state law. The termincludes an enucleator;
(xxviii) "Tissue" means a portion of the human body otherthan an organ or an eye. The term does not include blood unless the blood isdonated for the purpose of research or education;
(xxix) "Tissue bank" means a person that is licensed,accredited or regulated under federal or state law to engage in the recovery,screening, testing, processing, storage or distribution of tissue;
(xxx) "Transplant hospital" means a hospital thatfurnishes organ transplants and other medical and surgical specialty servicesrequired for the care of transplant patients;
(xxxi) "This act" means W.S. 35-5-201 through 35-5-225.
35-5-203. Applicability.
This act applies to an anatomical gift oramendment to, revocation of, or refusal to make an anatomical gift, whenevermade. All anatomical gifts deemed to be effective under W.S. 35-5-101 through35-5-119, prior to its repeal by this enactment, shall continue to be deemedand regarded to be effective after the effective date of this act.
35-5-204. Who may make anatomical gift before donor's death.
(a) Subject to W.S. 35-5-208, an anatomical gift of a donor'sbody or part may be made during the life of the donor for the purpose oftransplantation, therapy, research or education in the manner provided in W.S.35-5-205 by:
(i) The donor, if the donor is an adult or if the donor is aminor and is:
(A) Emancipated; or
(B) Authorized under state law to apply for a driver's licensebecause the donor is at least sixteen (16) years of age.
(ii) An agent of the donor, unless the power of attorney forhealth care or other record prohibits the agent from making an anatomical gift;
(iii) A parent of the donor, if the donor is an unemancipatedminor to whom subparagraph (i)(B) of this subsection does not apply; or
(iv) The donor's guardian, if the donor is an unemancipatedminor to whom subparagraph (i)(B) of this subsection does not apply.
35-5-205. Manner of making anatomical gift before donor's death.
(a) A donor may make an anatomical gift:
(i) By authorizing a statement or symbol indicating that thedonor has made an anatomical gift to be imprinted on the donor's driver'slicense or identification card;
(ii) In a will;
(iii) During a terminal illness or injury of the donor, by anyform of communication addressed to at least two (2) adults, at least one (1) ofwhom is a disinterested witness; or
(iv) As provided in subsection (b) of this section.
(b) A donor or other person authorized to make an anatomicalgift under W.S. 35-5-204 may make a gift by a donor card or other record signedby the donor or other person making the gift or by authorizing that a statementor symbol indicating that the donor has made an anatomical gift be included ona donor registry. If the donor or other person is physically unable to sign arecord, the record may be signed by another individual at the direction of thedonor or other person and shall:
(i) Be witnessed by at least two (2) adults, at least one (1)of whom is a disinterested witness, who have signed at the request of the donoror the other person; and
(ii) State that it has been signed and witnessed as provided inparagraph (i) of this subsection.
(c) Revocation, suspension, expiration or cancellation of adriver's license or identification card upon which an anatomical gift isindicated does not invalidate the gift.
(d) An anatomical gift made by will takes effect upon thedonor's death whether or not the will is probated. Invalidation of the willafter the donor's death does not invalidate the gift.
35-5-206. Amending or revoking anatomical gift before donor's death.
(a) Subject to W.S. 35-5-208, a donor or other personauthorized to make an anatomical gift under W.S. 35-5-204 may amend or revokean anatomical gift by:
(i) A record signed by:
(A) The donor;
(B) The other person; or
(C) Subject to subsection (b) of this section, anotherindividual acting at the direction of the donor or the other person if thedonor or other person is physically unable to sign.
(ii) A later-executed document of gift that amends or revokes aprevious anatomical gift or portion of an anatomical gift, either expressly orby inconsistency.
(b) A record signed pursuant to subparagraph (a)(i)(C) of thissection shall:
(i) Be witnessed by at least two (2) adults, at least one (1)of whom is a disinterested witness, who have signed at the request of the donoror the other person; and
(ii) State that it has been signed and witnessed as provided inparagraph (i) of this subsection.
(c) Subject to W.S. 35-5-208, a donor or other personauthorized to make an anatomical gift under W.S. 35-5-204 may revoke ananatomical gift by the destruction or cancellation of the document of gift, orthe portion of the document of gift used to make the gift, with the intent torevoke the gift.
(d) A donor may amend or revoke an anatomical gift that was notmade in a will by any form of communication during a terminal illness or injuryaddressed to at least two (2) adults, at least one (1) of whom is adisinterested witness.
(e) A donor who makes an anatomical gift in a will may amend orrevoke the gift in the manner provided for amendment or revocation of wills oras provided in subsection (a) of this section.
35-5-207. Refusal to make anatomical gift; effect of refusal.
(a) An individual may refuse to make an anatomical gift of theindividual's body or part by:
(i) A record signed by:
(A) The individual; or
(B) Subject to subsection (b) of this section, anotherindividual acting at the direction of the individual if the individual isphysically unable to sign.
(ii) The individual's will, whether or not the will is admittedto probate or invalidated after the individual's death; or
(iii) Any form of communication made by the individual during theindividual's terminal illness or injury addressed to at least two (2) adults,at least one (1) of whom is a disinterested witness.
(b) A record signed pursuant to subparagraph (a)(i)(B) of thissection shall:
(i) Be witnessed by at least two (2) adults, at least one (1)of whom is a disinterested witness, who have signed at the request of theindividual; and
(ii) State that it has been signed and witnessed as provided inparagraph (i) of this subsection.
(c) An individual who has made a refusal may amend or revokethe refusal:
(i) In the manner provided in subsection (a) of this sectionfor making a refusal;
(ii) By subsequently making an anatomical gift pursuant to W.S.35-5-205 that is inconsistent with the refusal; or
(iii) By destroying or cancelling the record evidencing therefusal, or the portion of the record used to make the refusal, with the intentto revoke the refusal.
(d) Except as otherwise provided in W.S. 35-5-208(h), in theabsence of an express, contrary indication by the individual set forth in therefusal, an individual's unrevoked refusal to make an anatomical gift of theindividual's body or part bars all other persons from making an anatomical giftof the individual's body or part.
35-5-208. Preclusive effect of anatomical gift, amendment orrevocation.
(a) Except as otherwise provided in subsection (g) and subjectto subsection (f) of this section, in the absence of an express, contraryindication by the donor, a person other than the donor is barred from making,amending or revoking an anatomical gift of a donor's body or part if the donormade an anatomical gift of the donor's body or part under W.S. 35-5-205 or anamendment to an anatomical gift of the donor's body or part under W.S.35-5-206.
(b) A donor's revocation of an anatomical gift of the donor'sbody or part under W.S. 35-5-206 is not a refusal and does not bar anotherperson specified in W.S. 35-5-204 or 35-5-209 from making an anatomical gift ofthe donor's body or part under W.S. 35-5-205 or 35-5-210.
(c) If a person other than the donor makes an unrevokedanatomical gift of the donor's body or part under W.S. 35-5-205 or an amendmentto an anatomical gift of the donor's body or part under W.S. 35-5-206, anotherperson may not make, amend or revoke the gift of the donor's body or part underW.S. 35-5-210.
(d) A revocation of an anatomical gift of a donor's body orpart under W.S. 35-5-206 by a person other than the donor does not bar anotherperson from making an anatomical gift of the body or part under W.S. 35-5-205or 35-5-210.
(e) In the absence of an express, contrary indication by thedonor or other person authorized to make an anatomical gift under W.S.35-5-204, an anatomical gift of a part is neither a refusal to give anotherpart nor a limitation on the making of an anatomical gift of another part at alater time by the donor or another person.
(f) In the absence of an express, contrary indication by thedonor or other person authorized to make an anatomical gift under W.S.35-5-204, an anatomical gift of a part for one (1) or more of the purposes setforth in W.S. 35-5-204 is not a limitation on the making of an anatomical giftof the part for any of the other purposes by the donor or any other personunder W.S. 35-5-205 or 35-5-210.
(g) If a donor who is an unemancipated minor dies, a parent ofthe donor who is reasonably available may revoke or amend an anatomical gift ofthe donor's body or part.
(h) If an unemancipated minor who signed a refusal dies, aparent of the minor who is reasonably available may revoke the minor's refusal.
35-5-209. Who may make anatomical gift ofdecedent's body or part.
(a) Subject to subsections (b) and (c) of this section andunless barred by W.S. 35-5-207 or 35-5-208, an anatomical gift of a decedent'sbody or part for purpose of transplantation, therapy, research or education maybe made by any member of the following classes of persons who is reasonablyavailable, in the order of priority listed:
(i) An agent of the decedent at the time of death who couldhave made an anatomical gift under W.S. 35-5-204(a)(ii) immediately before thedecedent's death;
(ii) The spouse of the decedent;
(iii) Adult children of the decedent;
(iv) Parents of the decedent;
(v) Adult siblings of the decedent;
(vi) Adult grandchildren of the decedent;
(vii) Grandparents of the decedent;
(viii) An adult who exhibited special care and concern for thedecedent;
(ix) The persons who were acting as the guardians of the personof the decedent at the time of death; and
(x) Any other person having the authority to dispose of thedecedent's body.
(b) If there is more than one (1) member of a class listed inparagraph (i), (iii), (iv), (v), (vi), (vii) or (ix) of subsection (a) of thissection entitled to make an anatomical gift, an anatomical gift may be made bya member of the class unless that member or a person to which the gift may passunder W.S. W.S. 35-5-211 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of themembers of the class who are reasonably available.
(c) A person may not make an anatomical gift if, at the time ofthe decedent's death, a person in a prior class under subsection (a) of thissection is reasonably available to make or to object to the making of ananatomical gift.
35-5-210. Manner of making, amending or revoking anatomical gift ofdecedent's body or part.
(a) A person authorized to make an anatomical gift under W.S.35-5-209 may make an anatomical gift by a document of gift signed by the personmaking the gift or by that person's oral communication that is electronicallyrecorded or is contemporaneously reduced to a record and signed by theindividual receiving the oral communication.
(b) Subject to subsection (c) of this section, an anatomicalgift by a person authorized under W.S. 35-5-209 may be amended or revokedorally or in a record by any member of a prior class who is reasonablyavailable. If more than one (1) member of the prior class is reasonablyavailable, the gift made by a person authorized under W.S. 35-5-209 may be:
(i) Amended only if a majority of the reasonably availablemembers agree to the amending of the gift; or
(ii) Revoked only if a majority of the reasonably availablemembers agree to the revocation of the gift or if they are equally divided asto whether to revoke the gift.
(c) A revocation under subsection (b) of this section iseffective only if, before an incision has been made to remove a part from thedonor's body or before invasive procedures have begun to prepare the recipient,the procurement organization, transplant hospital or physician or technicianknows of the revocation.
35-5-211. Persons that may receiveanatomical gift; purpose of anatomical gift.
(a) An anatomical gift may be made to the following persons namedin the document of gift:
(i) For purposes of research or education, a hospital,accredited medical school, dental school, college or university, organprocurement organization or any appropriate person;
(ii) Subject to subsection (b) of this section, an individualdesignated by the person making the anatomical gift if the individual is therecipient of the part;
(iii) A named eye bank or tissue bank.
(b) If an anatomical gift to an individual under paragraph(a)(ii) of this section cannot be transplanted into the individual, the partpasses in accordance with subsection (g) of this section in the absence of anexpress, contrary indication by the person making the anatomical gift.
(c) If an anatomical gift of one (1) or more specific parts orof all parts is made in a document of gift that does not name a persondescribed in subsection (a) of this section but identifies the purpose forwhich an anatomical gift may be used, the following rules apply:
(i) If the part is an eye and the gift is for the purpose oftransplantation or therapy, the gift passes to the appropriate eye bank;
(ii) If the part is tissue and the gift is for the purpose oftransplantation or therapy, the gift passes to the appropriate tissue bank;
(iii) If the part is an organ and the gift is for the purpose oftransplantation or therapy, the gift passes to the appropriate organprocurement organization as custodian of the organ;
(iv) If the part is an organ, an eye or tissue and the gift isfor the purpose of research or education, the gift passes to the appropriateprocurement organization.
(d) For the purpose of subsection (c) of this section, if thereis more than one (1) purpose of an anatomical gift set forth in the document ofgift but the purposes are not set forth in any priority, the gift shall be usedfor transplantation or therapy, if suitable. If the gift cannot be used fortransplantation or therapy, the gift may be used for research or education.
(e) If an anatomical gift of one (1) or more specific parts ismade in a document of gift that does not name a person described in subsection(a) of this section and does not identify the purpose of the gift, the gift maybe used only for transplantation or therapy, and the gift passes in accordancewith subsection (g) of this section.
(f) If a document of gift specifies only a general intent tomake an anatomical gift by words such as "donor," "organdonor," or "body donor," or by a symbol or statement of similarimport, the gift may be used only for transplantation or therapy, and the giftpasses in accordance with subsection (g) of this section.
(g) For purposes of subsections (b), (e) and (f) of thissection, the following rules apply:
(i) If the part is an eye, the gift passes to the appropriateeye bank;
(ii) If the part is tissue, the gift passes to the appropriatetissue bank;
(iii) If the part is an organ, the gift passes to the appropriateorgan procurement organization as custodian of the organ.
(h) An anatomical gift of an organ for transplantation ortherapy, other than an anatomical gift under paragraph (a)(ii) of this section,passes to the organ procurement organization as custodian of the organ.
(j) If an anatomical gift does not pass pursuant to subsections(a) through (h) of this section or the decedent's body or part is not used fortransplantation, therapy, research or education, custody of the body or partpasses to the person under obligation to dispose of the body or part.
(k) A person may not accept an anatomical gift if the personknows that the gift was not effectively made under W.S. 35-5-205 or 35-5-210 orif the person knows that the decedent made a refusal under W.S. 35-5-207 thatwas not revoked. For purposes of this subsection, if a person knows that ananatomical gift was made on a document of gift, the person is deemed to know ofany amendment or revocation of the gift or any refusal to make an anatomicalgift on the same document of gift.
(m) Except as otherwise provided in paragraph (a)(ii) of thissection, nothing in this act affects the allocation of organs fortransplantation or therapy.
35-5-212. Delivery of document of gift notrequired; right to examine.
(a) A document of gift need not be delivered during the donor'slifetime to be effective.
(b) Upon or after an individual's death, a person in possessionof a document of gift or a refusal to make an anatomical gift with respect tothe individual shall allow examination and copying of the document of gift orrefusal by a person authorized to make or object to the making of an anatomicalgift with respect to the individual or by a person to which the gift could passunder W.S. 35-5-211.
35-5-213. Rights and duties of procurementorganization and others.
(a) When a hospital refers an individual at or near death to aprocurement organization, the organization shall make a reasonable search ofthe records of the department and any donor registry that it knows exists forthe geographical area in which the individual resides to ascertain whether theindividual has made an anatomical gift.
(b) A procurement organization shall be allowed reasonableaccess to information in the records of the department to ascertain whether anindividual at or near death is a donor.
(c) When a hospital refers an individual at or near death to aprocurement organization, the organization may conduct any reasonableexamination necessary to ensure the medical suitability of a part that is orcould be the subject of an anatomical gift for transplantation, therapy,research or education from a donor or a prospective donor. During theexamination period, measures necessary to ensure the medical suitability of thepart may not be withdrawn unless the hospital or procurement organization knowsthat the individual expressed a contrary intent.
(d) Unless prohibited by law other than this act, at any timeafter a donor's death, the person to whom a part passes under W.S. 35-5-211 mayconduct any reasonable examination necessary to ensure the medical suitabilityof the body or part for its intended purpose.
(e) Unless prohibited by law other than this act, anexamination under subsection (c) or (d) of this section may include anexamination of all medical and dental records of the donor or prospectivedonor.
(f) Upon the death of a minor who was a donor or had signed arefusal, unless a procurement organization knows the minor is emancipated, theprocurement organization shall conduct a reasonable search for the parents ofthe minor and provide the parents with an opportunity to revoke or amend the anatomicalgift or revoke the refusal.
(g) Upon referral by a hospital under subsection (a) of thissection, a procurement organization shall make a reasonable search for anyperson listed in W.S. 35-5-209 having priority to make an anatomical gift on behalfof a prospective donor. If a procurement organization receives informationthat an anatomical gift to any other person was made, amended or revoked, itshall promptly advise the other person of all relevant information.
(h) Subject to W.S. 35-5-211(j) and 35-5-223, the rights of theperson to whom a part passes under W.S. 35-5-211 are superior to the rights ofall others with respect to the part. The person may accept or reject ananatomical gift in whole or in part. Subject to the terms of the document ofgift and this act, a person who accepts an anatomical gift of an entire bodymay allow embalming, burial or cremation, and use of remains in a funeralservice. If the gift is of a part, the person to whom the part passes underW.S. 35-5-211, upon the death of the donor and before embalming, burial orcremation, shall cause the part to be removed without unnecessary mutilation.
(j) Neither the physician who attends the decedent at death northe physician who determines the time of the decedent's death may participatein the procedures for removing or transplanting a part from the decedent.
(k) A physician or technician may remove a donated part fromthe body of a donor that the physician or technician is qualified to remove.
35-5-214. Coordination of procurement anduse.
Each hospital in this state shall enterinto agreements or affiliations with procurement organizations for coordinationof procurement and use of anatomical gifts.
35-5-215. Sale or purchase of partsprohibited.
(a) Except as otherwise provided in subsection (b) of thissection, a person who for valuable consideration, knowingly purchases or sellsa part for transplantation or therapy if removal of a part from an individualis intended to occur after the individual's death commits a felony punishableby imprisonment for not more than five (5) years, a fine of not more than fiftythousand dollars ($50,000.00) or both.
(b) A person may charge a reasonable amount for the removal,processing, preservation, quality control, storage, transportation,implantation or disposal of a part.
35-5-216. Other prohibited acts.
A person who, in order to obtain afinancial gain, intentionally falsifies, forges, conceals, defaces orobliterates a document of gift, an amendment or revocation of a document ofgift, or a refusal commits a misdemeanor punishable by imprisonment for notmore than one (1) year, a fine of not more than one thousand dollars($1,000.00) or both.
35-5-217. Immunity.
(a) A person who acts in accordance with this act or with theapplicable anatomical gift law of another state, or attempts in good faith todo so, is not liable for the act in a civil action, criminal prosecution oradministrative proceeding.
(b) Neither the person making an anatomical gift nor thedonor's estate is liable for any injury or damage that results from the makingor use of the gift.
(c) In determining whether an anatomical gift has been made,amended or revoked under this act, a person may rely upon representations of anindividual listed in W.S. 35-5-209(a)(ii), (iii), (iv), (v), (vi), (vii) or(viii) relating to the individual's relationship to the donor or prospectivedonor unless the person knows that the representation is untrue.
35-5-218. Law governing validity; choice of law as to execution ofdocument of gift; presumption of validity.
(a) A document of gift is valid if executed in accordance with:
(i) This act;
(ii) The laws of the state or country where it was executed; or
(iii) The laws of the state or country where the person makingthe anatomical gift was domiciled, has a place of residence or was a nationalat the time the document of gift was executed.
(b) If a document of gift is valid under this section, the lawof this state governs the interpretation of the document of gift.
(c) A person may presume that a document of gift or amendmentof an anatomical gift is valid unless that person knows that it was not validlyexecuted or was revoked.
35-5-219. Donor registry.
(a) The department shall electronically transfer to aprocurement organization the information that appears on the front of thedriver's license or identification card, to include the name, gender, date ofbirth, social security number if it appears on the license or card, driver'slicense or identification card number, issue date or renewal date and addressof the individual identified as a donor. The department shall alsoelectronically transfer any subsequent change in the donor's status, includingrevocation of the gift. The department shall submit to the department ofhealth a statement of costs incurred to initially install and establish theelectronic transfer of donor information. The department of health shalldirect the state auditor to reimburse the department for the costs from theanatomical awareness account under W.S. 35-5-225 to the extent there are fundsin that account. There shall be no charge to a procurement organization forthe transfer of donor information.
(b) With the information obtained from the department and fromother sources including donors and donors' agents pursuant to W.S. 35-5-205(b),the procurement organization shall establish and maintain a statewide organ andtissue donor registry to facilitate organ and tissue donations. The costincurred to create and maintain the registry shall be paid by the procurementorganization. Registry information shall be accessible to any procurementorganization located in Wyoming and may be disseminated to a procurementorganization in another state for the recovery or placement of organs andtissue. Registry information may also be disseminated to Wyoming eye banksunder this section.
(c) A donor registry shall:
(i) Allow a donor or other person authorized under W.S.35-5-204 to include on the donor registry a statement or symbol that the donorhas made, amended or revoked an anatomical gift;
(ii) Be accessible to a procurement organization to allow it toobtain relevant information on the donor registry to determine, at or neardeath of the donor or a prospective donor, whether the donor or prospectivedonor has made, amended or revoked an anatomical gift; and
(iii) Be accessible for purposes of paragraphs (i) and (ii) ofthis subsection seven (7) days a week on a twenty-four (24) hour basis.
(d) Personally identifiable information on a donor registryabout a donor or prospective donor may not be used or disclosed without theexpress consent of the donor, prospective donor or person who made theanatomical gift for any purpose other than to determine, at or near death ofthe donor or prospective donor, whether the donor or prospective donor hasmade, amended or revoked an anatomical gift.
(e) This section does not prohibit any person from creating ormaintaining a donor registry that is not established by or under contract withthe state. Any such registry shall comply with subsections (c) and (d) of thissection.
35-5-220. Effect of anatomical gift on advance health care directive.
(a) In this section:
(i) "Advance health-care directive" means a power ofattorney for health care or a record signed or authorized by a prospectivedonor containing the prospective donor's direction concerning a health-caredecision for the prospective donor;
(ii) "Declaration" means a record signed by aprospective donor specifying the circumstances under which a life supportsystem may be withheld or withdrawn from the prospective donor;
(iii) "Health-care decision" means any decisionregarding the health care of the prospective donor.
(b) If a prospective donor has a declaration or advancehealth-care directive and the terms of the declaration or directive and theexpress or implied terms of a potential anatomical gift are in conflict withregard to the administration of measures necessary to ensure the medicalsuitability of a part for transplantation or therapy, the prospective donor'sattending physician and prospective donor shall confer to resolve theconflict. If the prospective donor is incapable of resolving the conflict, anagent acting under the prospective donor's declaration or directive, or, ifnone or the agent is not reasonably available, another person authorized by lawother than this act to make health-care decisions on behalf of the prospectivedonor, shall act for the donor to resolve the conflict. The conflict shall beresolved as expeditiously as possible. Information relevant to the resolutionof the conflict may be obtained from the appropriate procurement organizationand any other person authorized to make an anatomical gift for the prospectivedonor under W.S. 35-5-209. Before resolution of the conflict, measuresnecessary to ensure the medical suitability of the part may not be withheld orwithdrawn from the prospective donor if withholding or withdrawing the measuresis not contraindicated by appropriate end-of-life care.
35-5-221. Cooperation between coroner and procurement organization.
(a) A coroner shall cooperate with procurement organizations tomaximize the opportunity to recover anatomical gifts for the purpose oftransplantation, therapy, research or education.
(b) If a coroner receives notice from a procurementorganization that an anatomical gift might be available or was made withrespect to a decedent whose body is under the jurisdiction of the coroner and apost-mortem examination is going to be performed, unless the coroner deniesrecovery in accordance with W.S. 35-5-223, the coroner or designee shallconduct a post-mortem examination of the body or the part in a manner andwithin a period compatible with its preservation for the purposes of the gift.
(c) A part may not be removed from the body of a decedent underthe jurisdiction of a coroner for transplantation, therapy, research oreducation unless the part is the subject of an anatomical gift. The body of adecedent under the jurisdiction of the coroner may not be delivered to a personfor research or education unless the body is the subject of an anatomicalgift. This subsection does not preclude a coroner from performing themedicolegal investigation upon the body or parts of a decedent under thejurisdiction of the coroner.
35-5-222. Facilitation of anatomical giftfrom decedent whose body is under jurisdiction of coroner.
(a) Upon request of a procurement organization, a coroner shallrelease to the procurement organization the name, contact information andavailable medical and social history of a decedent whose body is under thejurisdiction of the coroner. If the decedent's body or part is medicallysuitable for transplantation, therapy, research or education, the coroner shallrelease post-mortem examination results to the procurement organization. Theprocurement organization may make a subsequent disclosure of the post-mortemexamination results or other information received from the coroner only ifrelevant to transplantation or therapy.
(b) The coroner may conduct a medicolegal examination byreviewing all medical records, laboratory test results, x-rays, otherdiagnostic results and other information that any person possesses about adonor or prospective donor whose body is under the jurisdiction of the coronerwhich the coroner determines may be relevant to the investigation.
(c) A person who has any information requested by a coronerpursuant to subsection (b) of this section shall provide that information asexpeditiously as possible to allow the coroner to conduct the medicolegalinvestigation within a period compatible with the preservation of parts for thepurpose of transplantation, therapy, research or education.
(d) If an anatomical gift has been or might be made of a partof a decedent whose body is under the jurisdiction of the coroner and apost-mortem examination is not required, or the coroner determines that apost-mortem examination is required but that the recovery of the part that isthe subject of an anatomical gift will not interfere with the examination, thecoroner and procurement organization shall cooperate in the timely removal ofthe part from the decedent for the purpose of transplantation, therapy,research or education.
(e) If an anatomical gift of a part from the decedent under thejurisdiction of the coroner has been or might be made, but the coronerinitially believes that the recovery of the part could interfere with thepost-mortem investigation into the decedent's cause or manner of death, thecoroner shall consult with the procurement organization or physician ortechnician designated by the procurement organization about the proposedrecovery. After consultation, the coroner may deny the recovery.
(f) The coroner and procurement organization shall enter intoan agreement establishing protocols and procedures governing relations betweenthem when the coroner believes that the recovery of a part for anatomical giftfrom a decedent whose body is under the jurisdiction of the coroner couldinterfere with the post-mortem investigation into the decedent's cause ormanner of death or the documentation or preservation of evidence. Decisionsregarding the recovery of a part from the decedent shall be made in accordancewith the agreement.
(g) If the coroner or designee denies recovery under subsection(f) of this section, the coroner or designee shall:
(i) Explain in a record the specific reasons for not allowingrecovery of the part;
(ii) Include the specific reasons in the records of the coroner;and
(iii) Provide a record with the specific reasons to theprocurement organization.
(h) If the coroner or designee allows recovery of a part undersubsection (d), (e) or (f) of this section, the procurement organization, uponrequest, shall cause the physician or technician who removes the part toprovide the coroner with a record describing the condition of the part, abiopsy, a photograph and any other information and observations that wouldassist in the post-mortem examination.
(j) If a coroner or designee is required to be present at aremoval procedure under subsection (f) of this section, upon request theprocurement organization requesting the recovery of the part shall reimbursethe coroner or designee for the additional costs incurred in complying withsubsection (f) of this section.
35-5-223. Uniformity of application andconstruction.
In applying and construing this uniformact, consideration shall be given to the need to promote uniformity of the lawwith respect to its subject matter among states that enact it.
35-5-224. Relation to ElectronicSignatures in Global and National Commerce Act.
This act modifies, limits and supersedesthe Electronic Signatures in Global and National Commerce Act, 15 U.S.C.Section 7001 et seq., but does not modify, limit or supersede Section 101(a) ofthat act, 15 U.S.C. Section 7001, or authorize electronic delivery of any ofthe notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
35-5-225. Promotion of anatomical gifts.
Any money received from donations by ownersof vehicles under W.S. 31-3-101(h) shall be deposited into a separateanatomical awareness account to be used by the department of health and itsadvisory council to promote general public awareness and education for theprocurement of organ and tissue donations for anatomical gifts pursuant to thisact.
ARTICLE 1 - UNIFORM ANATOMICAL GIFT ACT/PROCEDURES
35-5-101. Repealed By Laws 2009, Ch. 97, 3.
35-5-102. Repealed By Laws 2009, Ch. 97, 3.
35-5-103. Repealed By Laws 2009, Ch. 97, 3.
35-5-104. Repealed By Laws 2009, Ch. 97, 3.
35-5-105. Repealed By Laws 2009, Ch. 97, 3.
35-5-106. Repealed By Laws 2009, Ch. 97, 3.
35-5-107. Repealed By Laws 2009, Ch. 97, 3.
35-5-108. Repealed By Laws 2009, Ch. 97, 3.
35-5-109. Repealed By Laws 2009, Ch. 97, 3.
35-5-110. Repealed By Laws 2009, Ch. 97, 3.
35-5-111. Repealed By Laws 2009, Ch. 97, 3.
35-5-112. Repealed By Laws 2009, Ch. 97, 3.
35-5-113. Repealed By Laws 2009, Ch. 97, 3.
35-5-114. Repealed By Laws 2009, Ch. 97, 3.
35-5-115. Repealed By Laws 2009, Ch. 97, 3.
35-5-116. Repealed By Laws 2009, Ch. 97, 3.
35-5-117. Repealed By Laws 2009, Ch. 97, 3.
35-5-118. Repealed By Laws 2009, Ch. 97, 3.
35-5-119. Repealed By Laws 2009, Ch. 97, 3.
ARTICLE 2 - REVISED UNIFORM ANATOMICAL GIFT ACT
35-5-201. Short title.
This act may be cited as the "RevisedUniform Anatomical Gift Act".
35-5-202. Definitions.
(a) As used in this act:
(i) "Agent" means an individual:
(A) Authorized to make health-care decisions on the principal'sbehalf by a power of attorney for health care; or
(B) Expressly authorized to make an anatomical gift on theprincipal's behalf by any other record signed by the principal.
(ii) "Anatomical gift" means a donation of all or partof a human body to take effect after the donor's death for the purpose oftransplantation, therapy, research or education;
(iii) "Decedent" means a deceased individual whose bodyor part is or may be the source of an anatomical gift. The term includes astillborn infant and, subject to restrictions imposed by law other than this act,a fetus;
(iv) "Department" means the department oftransportation;
(v) "Disinterested witness" means a witness otherthan the spouse, child, parent, sibling, grandchild, grandparent or guardian ofthe individual who makes, amends, revokes or refuses to make an anatomicalgift, or another adult who exhibited special care and concern for theindividual. The term does not include a person to which an anatomical giftcould pass under W.S. 35-5-211;
(vi) "Document of gift" means a donor card or other recordused to make an anatomical gift. The term includes a statement or symbol on adriver's license, identification card or donor registry;
(vii) "Donor" means an individual whose body or part isthe subject of an anatomical gift;
(viii) "Donor registry" means a database that containsrecords of anatomical gifts and amendments to or revocations of anatomicalgifts;
(ix) "Driver's license" means a license or permitissued by the department to operate a vehicle, whether or not conditions areattached to the license or permit;
(x) "Eye bank" means a person who is licensed,accredited or regulated under federal or state law to engage in the recovery,screening, testing, processing, storage or distribution of human eyes orportions of human eyes;
(xi) "Guardian" means a person appointed by a court tomake decisions regarding the support, care, education, health or welfare of anindividual. The term does not include a guardian ad litem;
(xii) "Hospital" means a facility licensed as ahospital under the law of any state or a facility operated as a hospital by theUnited States, a state or a subdivision of a state;
(xiii) "Identification card" means an identificationcard issued by the department;
(xiv) "Know" means to have actual knowledge;
(xv) "Organ procurement organization" means a persondesignated by the secretary of the United States department of health and humanservices as an organ procurement organization;
(xvi) "Parent" means a parent whose parental rightshave not been terminated;
(xvii) "Part" means an organ, an eye or tissue of ahuman being. The term does not include the whole body;
(xviii) "Physician" means an individual authorized topractice medicine or osteopathy under the law of any state;
(xix) "Procurement organization" means an eye bank,organ procurement organization or tissue bank;
(xx) "Prospective donor" means an individual who isdead or near death and has been determined by a procurement organization tohave a part that could be medically suitable for transplantation, therapy,research or education. The term does not include an individual who has made arefusal;
(xxi) "Reasonably available" means able to be contactedby a procurement organization without undue effort and willing and able to actin a timely manner consistent with existing medical criteria necessary for themaking of an anatomical gift;
(xxii) "Recipient" means an individual into whose body adecedent's part has been or is intended to be transplanted;
(xxiii) "Record" means information that is inscribed on atangible medium or that is stored in an electronic or other medium and isretrievable in perceivable form;
(xxiv) "Refusal" means a record created under W.S.35-5-207 that expressly states an intent to bar other persons from making ananatomical gift of an individual's body or part;
(xxv) "Sign" means, with the present intent to authenticateor adopt a record:
(A) To execute or adopt a tangible symbol; or
(B) To attach to or logically associate with the record anelectronic symbol, sound or process.
(xxvi) "State" means a state of the United States, theDistrict of Columbia, Puerto Rico, the United States Virgin Islands or anyterritory or insular possession subject to the jurisdiction of the UnitedStates;
(xxvii) "Technician" means an individual determined to bequalified to remove or process parts by an appropriate organization that islicensed, accredited or regulated under federal or state law. The termincludes an enucleator;
(xxviii) "Tissue" means a portion of the human body otherthan an organ or an eye. The term does not include blood unless the blood isdonated for the purpose of research or education;
(xxix) "Tissue bank" means a person that is licensed,accredited or regulated under federal or state law to engage in the recovery,screening, testing, processing, storage or distribution of tissue;
(xxx) "Transplant hospital" means a hospital thatfurnishes organ transplants and other medical and surgical specialty servicesrequired for the care of transplant patients;
(xxxi) "This act" means W.S. 35-5-201 through 35-5-225.
35-5-203. Applicability.
This act applies to an anatomical gift oramendment to, revocation of, or refusal to make an anatomical gift, whenevermade. All anatomical gifts deemed to be effective under W.S. 35-5-101 through35-5-119, prior to its repeal by this enactment, shall continue to be deemedand regarded to be effective after the effective date of this act.
35-5-204. Who may make anatomical gift before donor's death.
(a) Subject to W.S. 35-5-208, an anatomical gift of a donor'sbody or part may be made during the life of the donor for the purpose oftransplantation, therapy, research or education in the manner provided in W.S.35-5-205 by:
(i) The donor, if the donor is an adult or if the donor is aminor and is:
(A) Emancipated; or
(B) Authorized under state law to apply for a driver's licensebecause the donor is at least sixteen (16) years of age.
(ii) An agent of the donor, unless the power of attorney forhealth care or other record prohibits the agent from making an anatomical gift;
(iii) A parent of the donor, if the donor is an unemancipatedminor to whom subparagraph (i)(B) of this subsection does not apply; or
(iv) The donor's guardian, if the donor is an unemancipatedminor to whom subparagraph (i)(B) of this subsection does not apply.
35-5-205. Manner of making anatomical gift before donor's death.
(a) A donor may make an anatomical gift:
(i) By authorizing a statement or symbol indicating that thedonor has made an anatomical gift to be imprinted on the donor's driver'slicense or identification card;
(ii) In a will;
(iii) During a terminal illness or injury of the donor, by anyform of communication addressed to at least two (2) adults, at least one (1) ofwhom is a disinterested witness; or
(iv) As provided in subsection (b) of this section.
(b) A donor or other person authorized to make an anatomicalgift under W.S. 35-5-204 may make a gift by a donor card or other record signedby the donor or other person making the gift or by authorizing that a statementor symbol indicating that the donor has made an anatomical gift be included ona donor registry. If the donor or other person is physically unable to sign arecord, the record may be signed by another individual at the direction of thedonor or other person and shall:
(i) Be witnessed by at least two (2) adults, at least one (1)of whom is a disinterested witness, who have signed at the request of the donoror the other person; and
(ii) State that it has been signed and witnessed as provided inparagraph (i) of this subsection.
(c) Revocation, suspension, expiration or cancellation of adriver's license or identification card upon which an anatomical gift isindicated does not invalidate the gift.
(d) An anatomical gift made by will takes effect upon thedonor's death whether or not the will is probated. Invalidation of the willafter the donor's death does not invalidate the gift.
35-5-206. Amending or revoking anatomical gift before donor's death.
(a) Subject to W.S. 35-5-208, a donor or other personauthorized to make an anatomical gift under W.S. 35-5-204 may amend or revokean anatomical gift by:
(i) A record signed by:
(A) The donor;
(B) The other person; or
(C) Subject to subsection (b) of this section, anotherindividual acting at the direction of the donor or the other person if thedonor or other person is physically unable to sign.
(ii) A later-executed document of gift that amends or revokes aprevious anatomical gift or portion of an anatomical gift, either expressly orby inconsistency.
(b) A record signed pursuant to subparagraph (a)(i)(C) of thissection shall:
(i) Be witnessed by at least two (2) adults, at least one (1)of whom is a disinterested witness, who have signed at the request of the donoror the other person; and
(ii) State that it has been signed and witnessed as provided inparagraph (i) of this subsection.
(c) Subject to W.S. 35-5-208, a donor or other personauthorized to make an anatomical gift under W.S. 35-5-204 may revoke ananatomical gift by the destruction or cancellation of the document of gift, orthe portion of the document of gift used to make the gift, with the intent torevoke the gift.
(d) A donor may amend or revoke an anatomical gift that was notmade in a will by any form of communication during a terminal illness or injuryaddressed to at least two (2) adults, at least one (1) of whom is adisinterested witness.
(e) A donor who makes an anatomical gift in a will may amend orrevoke the gift in the manner provided for amendment or revocation of wills oras provided in subsection (a) of this section.
35-5-207. Refusal to make anatomical gift; effect of refusal.
(a) An individual may refuse to make an anatomical gift of theindividual's body or part by:
(i) A record signed by:
(A) The individual; or
(B) Subject to subsection (b) of this section, anotherindividual acting at the direction of the individual if the individual isphysically unable to sign.
(ii) The individual's will, whether or not the will is admittedto probate or invalidated after the individual's death; or
(iii) Any form of communication made by the individual during theindividual's terminal illness or injury addressed to at least two (2) adults,at least one (1) of whom is a disinterested witness.
(b) A record signed pursuant to subparagraph (a)(i)(B) of thissection shall:
(i) Be witnessed by at least two (2) adults, at least one (1)of whom is a disinterested witness, who have signed at the request of theindividual; and
(ii) State that it has been signed and witnessed as provided inparagraph (i) of this subsection.
(c) An individual who has made a refusal may amend or revokethe refusal:
(i) In the manner provided in subsection (a) of this sectionfor making a refusal;
(ii) By subsequently making an anatomical gift pursuant to W.S.35-5-205 that is inconsistent with the refusal; or
(iii) By destroying or cancelling the record evidencing therefusal, or the portion of the record used to make the refusal, with the intentto revoke the refusal.
(d) Except as otherwise provided in W.S. 35-5-208(h), in theabsence of an express, contrary indication by the individual set forth in therefusal, an individual's unrevoked refusal to make an anatomical gift of theindividual's body or part bars all other persons from making an anatomical giftof the individual's body or part.
35-5-208. Preclusive effect of anatomical gift, amendment orrevocation.
(a) Except as otherwise provided in subsection (g) and subjectto subsection (f) of this section, in the absence of an express, contraryindication by the donor, a person other than the donor is barred from making,amending or revoking an anatomical gift of a donor's body or part if the donormade an anatomical gift of the donor's body or part under W.S. 35-5-205 or anamendment to an anatomical gift of the donor's body or part under W.S.35-5-206.
(b) A donor's revocation of an anatomical gift of the donor'sbody or part under W.S. 35-5-206 is not a refusal and does not bar anotherperson specified in W.S. 35-5-204 or 35-5-209 from making an anatomical gift ofthe donor's body or part under W.S. 35-5-205 or 35-5-210.
(c) If a person other than the donor makes an unrevokedanatomical gift of the donor's body or part under W.S. 35-5-205 or an amendmentto an anatomical gift of the donor's body or part under W.S. 35-5-206, anotherperson may not make, amend or revoke the gift of the donor's body or part underW.S. 35-5-210.
(d) A revocation of an anatomical gift of a donor's body orpart under W.S. 35-5-206 by a person other than the donor does not bar anotherperson from making an anatomical gift of the body or part under W.S. 35-5-205or 35-5-210.
(e) In the absence of an express, contrary indication by thedonor or other person authorized to make an anatomical gift under W.S.35-5-204, an anatomical gift of a part is neither a refusal to give anotherpart nor a limitation on the making of an anatomical gift of another part at alater time by the donor or another person.
(f) In the absence of an express, contrary indication by thedonor or other person authorized to make an anatomical gift under W.S.35-5-204, an anatomical gift of a part for one (1) or more of the purposes setforth in W.S. 35-5-204 is not a limitation on the making of an anatomical giftof the part for any of the other purposes by the donor or any other personunder W.S. 35-5-205 or 35-5-210.
(g) If a donor who is an unemancipated minor dies, a parent ofthe donor who is reasonably available may revoke or amend an anatomical gift ofthe donor's body or part.
(h) If an unemancipated minor who signed a refusal dies, aparent of the minor who is reasonably available may revoke the minor's refusal.
35-5-209. Who may make anatomical gift ofdecedent's body or part.
(a) Subject to subsections (b) and (c) of this section andunless barred by W.S. 35-5-207 or 35-5-208, an anatomical gift of a decedent'sbody or part for purpose of transplantation, therapy, research or education maybe made by any member of the following classes of persons who is reasonablyavailable, in the order of priority listed:
(i) An agent of the decedent at the time of death who couldhave made an anatomical gift under W.S. 35-5-204(a)(ii) immediately before thedecedent's death;
(ii) The spouse of the decedent;
(iii) Adult children of the decedent;
(iv) Parents of the decedent;
(v) Adult siblings of the decedent;
(vi) Adult grandchildren of the decedent;
(vii) Grandparents of the decedent;
(viii) An adult who exhibited special care and concern for thedecedent;
(ix) The persons who were acting as the guardians of the personof the decedent at the time of death; and
(x) Any other person having the authority to dispose of thedecedent's body.
(b) If there is more than one (1) member of a class listed inparagraph (i), (iii), (iv), (v), (vi), (vii) or (ix) of subsection (a) of thissection entitled to make an anatomical gift, an anatomical gift may be made bya member of the class unless that member or a person to which the gift may passunder W.S. W.S. 35-5-211 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of themembers of the class who are reasonably available.
(c) A person may not make an anatomical gift if, at the time ofthe decedent's death, a person in a prior class under subsection (a) of thissection is reasonably available to make or to object to the making of ananatomical gift.
35-5-210. Manner of making, amending or revoking anatomical gift ofdecedent's body or part.
(a) A person authorized to make an anatomical gift under W.S.35-5-209 may make an anatomical gift by a document of gift signed by the personmaking the gift or by that person's oral communication that is electronicallyrecorded or is contemporaneously reduced to a record and signed by theindividual receiving the oral communication.
(b) Subject to subsection (c) of this section, an anatomicalgift by a person authorized under W.S. 35-5-209 may be amended or revokedorally or in a record by any member of a prior class who is reasonablyavailable. If more than one (1) member of the prior class is reasonablyavailable, the gift made by a person authorized under W.S. 35-5-209 may be:
(i) Amended only if a majority of the reasonably availablemembers agree to the amending of the gift; or
(ii) Revoked only if a majority of the reasonably availablemembers agree to the revocation of the gift or if they are equally divided asto whether to revoke the gift.
(c) A revocation under subsection (b) of this section iseffective only if, before an incision has been made to remove a part from thedonor's body or before invasive procedures have begun to prepare the recipient,the procurement organization, transplant hospital or physician or technicianknows of the revocation.
35-5-211. Persons that may receiveanatomical gift; purpose of anatomical gift.
(a) An anatomical gift may be made to the following persons namedin the document of gift:
(i) For purposes of research or education, a hospital,accredited medical school, dental school, college or university, organprocurement organization or any appropriate person;
(ii) Subject to subsection (b) of this section, an individualdesignated by the person making the anatomical gift if the individual is therecipient of the part;
(iii) A named eye bank or tissue bank.
(b) If an anatomical gift to an individual under paragraph(a)(ii) of this section cannot be transplanted into the individual, the partpasses in accordance with subsection (g) of this section in the absence of anexpress, contrary indication by the person making the anatomical gift.
(c) If an anatomical gift of one (1) or more specific parts orof all parts is made in a document of gift that does not name a persondescribed in subsection (a) of this section but identifies the purpose forwhich an anatomical gift may be used, the following rules apply:
(i) If the part is an eye and the gift is for the purpose oftransplantation or therapy, the gift passes to the appropriate eye bank;
(ii) If the part is tissue and the gift is for the purpose oftransplantation or therapy, the gift passes to the appropriate tissue bank;
(iii) If the part is an organ and the gift is for the purpose oftransplantation or therapy, the gift passes to the appropriate organprocurement organization as custodian of the organ;
(iv) If the part is an organ, an eye or tissue and the gift isfor the purpose of research or education, the gift passes to the appropriateprocurement organization.
(d) For the purpose of subsection (c) of this section, if thereis more than one (1) purpose of an anatomical gift set forth in the document ofgift but the purposes are not set forth in any priority, the gift shall be usedfor transplantation or therapy, if suitable. If the gift cannot be used fortransplantation or therapy, the gift may be used for research or education.
(e) If an anatomical gift of one (1) or more specific parts ismade in a document of gift that does not name a person described in subsection(a) of this section and does not identify the purpose of the gift, the gift maybe used only for transplantation or therapy, and the gift passes in accordancewith subsection (g) of this section.
(f) If a document of gift specifies only a general intent tomake an anatomical gift by words such as "donor," "organdonor," or "body donor," or by a symbol or statement of similarimport, the gift may be used only for transplantation or therapy, and the giftpasses in accordance with subsection (g) of this section.
(g) For purposes of subsections (b), (e) and (f) of thissection, the following rules apply:
(i) If the part is an eye, the gift passes to the appropriateeye bank;
(ii) If the part is tissue, the gift passes to the appropriatetissue bank;
(iii) If the part is an organ, the gift passes to the appropriateorgan procurement organization as custodian of the organ.
(h) An anatomical gift of an organ for transplantation ortherapy, other than an anatomical gift under paragraph (a)(ii) of this section,passes to the organ procurement organization as custodian of the organ.
(j) If an anatomical gift does not pass pursuant to subsections(a) through (h) of this section or the decedent's body or part is not used fortransplantation, therapy, research or education, custody of the body or partpasses to the person under obligation to dispose of the body or part.
(k) A person may not accept an anatomical gift if the personknows that the gift was not effectively made under W.S. 35-5-205 or 35-5-210 orif the person knows that the decedent made a refusal under W.S. 35-5-207 thatwas not revoked. For purposes of this subsection, if a person knows that ananatomical gift was made on a document of gift, the person is deemed to know ofany amendment or revocation of the gift or any refusal to make an anatomicalgift on the same document of gift.
(m) Except as otherwise provided in paragraph (a)(ii) of thissection, nothing in this act affects the allocation of organs fortransplantation or therapy.
35-5-212. Delivery of document of gift notrequired; right to examine.
(a) A document of gift need not be delivered during the donor'slifetime to be effective.
(b) Upon or after an individual's death, a person in possessionof a document of gift or a refusal to make an anatomical gift with respect tothe individual shall allow examination and copying of the document of gift orrefusal by a person authorized to make or object to the making of an anatomicalgift with respect to the individual or by a person to which the gift could passunder W.S. 35-5-211.
35-5-213. Rights and duties of procurementorganization and others.
(a) When a hospital refers an individual at or near death to aprocurement organization, the organization shall make a reasonable search ofthe records of the department and any donor registry that it knows exists forthe geographical area in which the individual resides to ascertain whether theindividual has made an anatomical gift.
(b) A procurement organization shall be allowed reasonableaccess to information in the records of the department to ascertain whether anindividual at or near death is a donor.
(c) When a hospital refers an individual at or near death to aprocurement organization, the organization may conduct any reasonableexamination necessary to ensure the medical suitability of a part that is orcould be the subject of an anatomical gift for transplantation, therapy,research or education from a donor or a prospective donor. During theexamination period, measures necessary to ensure the medical suitability of thepart may not be withdrawn unless the hospital or procurement organization knowsthat the individual expressed a contrary intent.
(d) Unless prohibited by law other than this act, at any timeafter a donor's death, the person to whom a part passes under W.S. 35-5-211 mayconduct any reasonable examination necessary to ensure the medical suitabilityof the body or part for its intended purpose.
(e) Unless prohibited by law other than this act, anexamination under subsection (c) or (d) of this section may include anexamination of all medical and dental records of the donor or prospectivedonor.
(f) Upon the death of a minor who was a donor or had signed arefusal, unless a procurement organization knows the minor is emancipated, theprocurement organization shall conduct a reasonable search for the parents ofthe minor and provide the parents with an opportunity to revoke or amend the anatomicalgift or revoke the refusal.
(g) Upon referral by a hospital under subsection (a) of thissection, a procurement organization shall make a reasonable search for anyperson listed in W.S. 35-5-209 having priority to make an anatomical gift on behalfof a prospective donor. If a procurement organization receives informationthat an anatomical gift to any other person was made, amended or revoked, itshall promptly advise the other person of all relevant information.
(h) Subject to W.S. 35-5-211(j) and 35-5-223, the rights of theperson to whom a part passes under W.S. 35-5-211 are superior to the rights ofall others with respect to the part. The person may accept or reject ananatomical gift in whole or in part. Subject to the terms of the document ofgift and this act, a person who accepts an anatomical gift of an entire bodymay allow embalming, burial or cremation, and use of remains in a funeralservice. If the gift is of a part, the person to whom the part passes underW.S. 35-5-211, upon the death of the donor and before embalming, burial orcremation, shall cause the part to be removed without unnecessary mutilation.
(j) Neither the physician who attends the decedent at death northe physician who determines the time of the decedent's death may participatein the procedures for removing or transplanting a part from the decedent.
(k) A physician or technician may remove a donated part fromthe body of a donor that the physician or technician is qualified to remove.
35-5-214. Coordination of procurement anduse.
Each hospital in this state shall enterinto agreements or affiliations with procurement organizations for coordinationof procurement and use of anatomical gifts.
35-5-215. Sale or purchase of partsprohibited.
(a) Except as otherwise provided in subsection (b) of thissection, a person who for valuable consideration, knowingly purchases or sellsa part for transplantation or therapy if removal of a part from an individualis intended to occur after the individual's death commits a felony punishableby imprisonment for not more than five (5) years, a fine of not more than fiftythousand dollars ($50,000.00) or both.
(b) A person may charge a reasonable amount for the removal,processing, preservation, quality control, storage, transportation,implantation or disposal of a part.
35-5-216. Other prohibited acts.
A person who, in order to obtain afinancial gain, intentionally falsifies, forges, conceals, defaces orobliterates a document of gift, an amendment or revocation of a document ofgift, or a refusal commits a misdemeanor punishable by imprisonment for notmore than one (1) year, a fine of not more than one thousand dollars($1,000.00) or both.
35-5-217. Immunity.
(a) A person who acts in accordance with this act or with theapplicable anatomical gift law of another state, or attempts in good faith todo so, is not liable for the act in a civil action, criminal prosecution oradministrative proceeding.
(b) Neither the person making an anatomical gift nor thedonor's estate is liable for any injury or damage that results from the makingor use of the gift.
(c) In determining whether an anatomical gift has been made,amended or revoked under this act, a person may rely upon representations of anindividual listed in W.S. 35-5-209(a)(ii), (iii), (iv), (v), (vi), (vii) or(viii) relating to the individual's relationship to the donor or prospectivedonor unless the person knows that the representation is untrue.
35-5-218. Law governing validity; choice of law as to execution ofdocument of gift; presumption of validity.
(a) A document of gift is valid if executed in accordance with:
(i) This act;
(ii) The laws of the state or country where it was executed; or
(iii) The laws of the state or country where the person makingthe anatomical gift was domiciled, has a place of residence or was a nationalat the time the document of gift was executed.
(b) If a document of gift is valid under this section, the lawof this state governs the interpretation of the document of gift.
(c) A person may presume that a document of gift or amendmentof an anatomical gift is valid unless that person knows that it was not validlyexecuted or was revoked.
35-5-219. Donor registry.
(a) The department shall electronically transfer to aprocurement organization the information that appears on the front of thedriver's license or identification card, to include the name, gender, date ofbirth, social security number if it appears on the license or card, driver'slicense or identification card number, issue date or renewal date and addressof the individual identified as a donor. The department shall alsoelectronically transfer any subsequent change in the donor's status, includingrevocation of the gift. The department shall submit to the department ofhealth a statement of costs incurred to initially install and establish theelectronic transfer of donor information. The department of health shalldirect the state auditor to reimburse the department for the costs from theanatomical awareness account under W.S. 35-5-225 to the extent there are fundsin that account. There shall be no charge to a procurement organization forthe transfer of donor information.
(b) With the information obtained from the department and fromother sources including donors and donors' agents pursuant to W.S. 35-5-205(b),the procurement organization shall establish and maintain a statewide organ andtissue donor registry to facilitate organ and tissue donations. The costincurred to create and maintain the registry shall be paid by the procurementorganization. Registry information shall be accessible to any procurementorganization located in Wyoming and may be disseminated to a procurementorganization in another state for the recovery or placement of organs andtissue. Registry information may also be disseminated to Wyoming eye banksunder this section.
(c) A donor registry shall:
(i) Allow a donor or other person authorized under W.S.35-5-204 to include on the donor registry a statement or symbol that the donorhas made, amended or revoked an anatomical gift;
(ii) Be accessible to a procurement organization to allow it toobtain relevant information on the donor registry to determine, at or neardeath of the donor or a prospective donor, whether the donor or prospectivedonor has made, amended or revoked an anatomical gift; and
(iii) Be accessible for purposes of paragraphs (i) and (ii) ofthis subsection seven (7) days a week on a twenty-four (24) hour basis.
(d) Personally identifiable information on a donor registryabout a donor or prospective donor may not be used or disclosed without theexpress consent of the donor, prospective donor or person who made theanatomical gift for any purpose other than to determine, at or near death ofthe donor or prospective donor, whether the donor or prospective donor hasmade, amended or revoked an anatomical gift.
(e) This section does not prohibit any person from creating ormaintaining a donor registry that is not established by or under contract withthe state. Any such registry shall comply with subsections (c) and (d) of thissection.
35-5-220. Effect of anatomical gift on advance health care directive.
(a) In this section:
(i) "Advance health-care directive" means a power ofattorney for health care or a record signed or authorized by a prospectivedonor containing the prospective donor's direction concerning a health-caredecision for the prospective donor;
(ii) "Declaration" means a record signed by aprospective donor specifying the circumstances under which a life supportsystem may be withheld or withdrawn from the prospective donor;
(iii) "Health-care decision" means any decisionregarding the health care of the prospective donor.
(b) If a prospective donor has a declaration or advancehealth-care directive and the terms of the declaration or directive and theexpress or implied terms of a potential anatomical gift are in conflict withregard to the administration of measures necessary to ensure the medicalsuitability of a part for transplantation or therapy, the prospective donor'sattending physician and prospective donor shall confer to resolve theconflict. If the prospective donor is incapable of resolving the conflict, anagent acting under the prospective donor's declaration or directive, or, ifnone or the agent is not reasonably available, another person authorized by lawother than this act to make health-care decisions on behalf of the prospectivedonor, shall act for the donor to resolve the conflict. The conflict shall beresolved as expeditiously as possible. Information relevant to the resolutionof the conflict may be obtained from the appropriate procurement organizationand any other person authorized to make an anatomical gift for the prospectivedonor under W.S. 35-5-209. Before resolution of the conflict, measuresnecessary to ensure the medical suitability of the part may not be withheld orwithdrawn from the prospective donor if withholding or withdrawing the measuresis not contraindicated by appropriate end-of-life care.
35-5-221. Cooperation between coroner and procurement organization.
(a) A coroner shall cooperate with procurement organizations tomaximize the opportunity to recover anatomical gifts for the purpose oftransplantation, therapy, research or education.
(b) If a coroner receives notice from a procurementorganization that an anatomical gift might be available or was made withrespect to a decedent whose body is under the jurisdiction of the coroner and apost-mortem examination is going to be performed, unless the coroner deniesrecovery in accordance with W.S. 35-5-223, the coroner or designee shallconduct a post-mortem examination of the body or the part in a manner andwithin a period compatible with its preservation for the purposes of the gift.
(c) A part may not be removed from the body of a decedent underthe jurisdiction of a coroner for transplantation, therapy, research oreducation unless the part is the subject of an anatomical gift. The body of adecedent under the jurisdiction of the coroner may not be delivered to a personfor research or education unless the body is the subject of an anatomicalgift. This subsection does not preclude a coroner from performing themedicolegal investigation upon the body or parts of a decedent under thejurisdiction of the coroner.
35-5-222. Facilitation of anatomical giftfrom decedent whose body is under jurisdiction of coroner.
(a) Upon request of a procurement organization, a coroner shallrelease to the procurement organization the name, contact information andavailable medical and social history of a decedent whose body is under thejurisdiction of the coroner. If the decedent's body or part is medicallysuitable for transplantation, therapy, research or education, the coroner shallrelease post-mortem examination results to the procurement organization. Theprocurement organization may make a subsequent disclosure of the post-mortemexamination results or other information received from the coroner only ifrelevant to transplantation or therapy.
(b) The coroner may conduct a medicolegal examination byreviewing all medical records, laboratory test results, x-rays, otherdiagnostic results and other information that any person possesses about adonor or prospective donor whose body is under the jurisdiction of the coronerwhich the coroner determines may be relevant to the investigation.
(c) A person who has any information requested by a coronerpursuant to subsection (b) of this section shall provide that information asexpeditiously as possible to allow the coroner to conduct the medicolegalinvestigation within a period compatible with the preservation of parts for thepurpose of transplantation, therapy, research or education.
(d) If an anatomical gift has been or might be made of a partof a decedent whose body is under the jurisdiction of the coroner and apost-mortem examination is not required, or the coroner determines that apost-mortem examination is required but that the recovery of the part that isthe subject of an anatomical gift will not interfere with the examination, thecoroner and procurement organization shall cooperate in the timely removal ofthe part from the decedent for the purpose of transplantation, therapy,research or education.
(e) If an anatomical gift of a part from the decedent under thejurisdiction of the coroner has been or might be made, but the coronerinitially believes that the recovery of the part could interfere with thepost-mortem investigation into the decedent's cause or manner of death, thecoroner shall consult with the procurement organization or physician ortechnician designated by the procurement organization about the proposedrecovery. After consultation, the coroner may deny the recovery.
(f) The coroner and procurement organization shall enter intoan agreement establishing protocols and procedures governing relations betweenthem when the coroner believes that the recovery of a part for anatomical giftfrom a decedent whose body is under the jurisdiction of the coroner couldinterfere with the post-mortem investigation into the decedent's cause ormanner of death or the documentation or preservation of evidence. Decisionsregarding the recovery of a part from the decedent shall be made in accordancewith the agreement.
(g) If the coroner or designee denies recovery under subsection(f) of this section, the coroner or designee shall:
(i) Explain in a record the specific reasons for not allowingrecovery of the part;
(ii) Include the specific reasons in the records of the coroner;and
(iii) Provide a record with the specific reasons to theprocurement organization.
(h) If the coroner or designee allows recovery of a part undersubsection (d), (e) or (f) of this section, the procurement organization, uponrequest, shall cause the physician or technician who removes the part toprovide the coroner with a record describing the condition of the part, abiopsy, a photograph and any other information and observations that wouldassist in the post-mortem examination.
(j) If a coroner or designee is required to be present at aremoval procedure under subsection (f) of this section, upon request theprocurement organization requesting the recovery of the part shall reimbursethe coroner or designee for the additional costs incurred in complying withsubsection (f) of this section.
35-5-223. Uniformity of application andconstruction.
In applying and construing this uniformact, consideration shall be given to the need to promote uniformity of the lawwith respect to its subject matter among states that enact it.
35-5-224. Relation to ElectronicSignatures in Global and National Commerce Act.
This act modifies, limits and supersedesthe Electronic Signatures in Global and National Commerce Act, 15 U.S.C.Section 7001 et seq., but does not modify, limit or supersede Section 101(a) ofthat act, 15 U.S.C. Section 7001, or authorize electronic delivery of any ofthe notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
35-5-225. Promotion of anatomical gifts.
Any money received from donations by ownersof vehicles under W.S. 31-3-101(h) shall be deposited into a separateanatomical awareness account to be used by the department of health and itsadvisory council to promote general public awareness and education for theprocurement of organ and tissue donations for anatomical gifts pursuant to thisact.
