State Codes and Statutes
Statutes > Utah > Title-26 > Chapter-28 > 26-28-11426-28-114. Rights and duties of procurement organization and others.
(1) When a hospital refers an individual at or near death to a procurement organization,the organization shall make a reasonable search of the records of the Department of Public Safetyand any donor registry that it knows exists for the geographical area in which the individualresides to ascertain whether the individual has made an anatomical gift.
(2) A procurement organization must be allowed reasonable access to information in therecords of the Department of Public Safety to ascertain whether an individual at or near death is adonor.
(3) When a hospital refers an individual at or near death to a procurement organization,the organization may conduct any reasonable examination necessary to ensure the medicalsuitability of a part that is or could be the subject of an anatomical gift for transplantation,therapy, research, or education from a donor or a prospective donor. During the examinationperiod, measures necessary to ensure the medical suitability of the part may not be withdrawnunless the hospital or procurement organization knows that the individual expressed a contraryintent.
(4) Unless prohibited by law other than this chapter, at any time after a donor's death, theperson to which a part passes under Section 26-28-111 may conduct any reasonable examinationnecessary to ensure the medical suitability of the body or part for its intended purpose.
(5) Unless prohibited by law other than this chapter, an examination under Subsection(3) or (4) may include an examination of all medical and dental records of the donor orprospective donor.
(6) Upon the death of a minor who was a donor or had signed a refusal, unless aprocurement organization knows the minor is emancipated, the procurement organization shallconduct a reasonable search for the parents of the minor and provide the parents with anopportunity to revoke or amend the anatomical gift or revoke the refusal.
(7) Upon referral by a hospital under Subsection (1), a procurement organization shallmake a reasonable search for any person listed in Section 26-28-109 having priority to make ananatomical gift on behalf of a prospective donor. If a procurement organization receivesinformation that an anatomical gift to any other person was made, amended, or revoked, it shallpromptly advise the other person of all relevant information.
(8) Subject to Subsection 26-28-111(9) and Section 26-28-123, the rights of the person towhich a part passes under Section 26-28-111 are superior to the rights of all others with respectto the part. The person may accept or reject an anatomical gift in whole or in part. Subject to theterms of the document of gift and this chapter, a person that accepts an anatomical gift of anentire body may allow embalming, burial or cremation, and use of remains in a funeral service. If the gift is of a part, the person to which the part passes under Section 26-28-111, upon thedeath of the donor and before embalming, burial, or cremation, shall cause the part to be removedwithout unnecessary mutilation.
(9) Neither the physician who attends the decedent at death nor the physician whodetermines the time of the decedent's death may participate in the procedures for removing ortransplanting a part from the decedent.
(10) A physician or technician may remove a donated part from the body of a donor thatthe physician or technician is qualified to remove.
Enacted by Chapter 60, 2007 General Session
