(a) Subject to subsections (b) and (c) of this section and unless barred by section 15-19-207 or 15-19-208, an anatomical gift of a decedent's body or part for purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed:
An agent of the decedent at the time of death who could have made an anatomical gift undersection 15-19-204 (2) immediately before the decedent's death;
The spouse of the decedent;
(2.5) A person who is designated by the decedent as a designated beneficiary in a designated beneficiary agreement pursuant to article 22 of this title 15, with the right to be an agent to make, revoke, or object to anatomical gifts of the decedent;
Adult children of the decedent;
Parents of the decedent;
Adult siblings of the decedent;
Adult grandchildren of the decedent;
Grandparents of the decedent;
An adult who exhibited special care and concern for the decedent;
The persons who were acting as the guardians of the person of the decedent at the time ofdeath; and
Any other person having the authority to dispose of the decedent's body.
If there is more than one member of a class listed in subsection (a)(1), (a)(3), (a)(4), (a)(5),(a)(6), (a)(7), or (a)(9) of this section entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under section 15-19-211 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 the members of the class who are reasonably available.
A person may not make an anatomical gift if, at the time of the decedent's death, a person ina prior class under subsection (a) of this section is reasonably available to make or to object to the making of an anatomical gift.
Source: L. 2017: Entire part added with relocations, (SB 17-223), ch. 158, p. 544, § 1, effective August 9.
Editor's note: This section is similar to former § 12-34-109 as it existed prior to 2017. 15-19-210. Manner of making, amending, or revoking anatomical gift of decedent's body or part. (a) A person authorized to make an anatomical gift under section 15-19-209 may make an anatomical gift by a document of gift signed by the person making the gift or by that person's oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.
(b) Subject to subsection (c) of this section, an anatomical gift by a person authorized under section 15-19-209 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized under section 15-19-209 may be:
Amended only if a majority of the reasonably available members agree to the amending ofthe gift; or
Revoked only if a majority of the reasonably available members agree to the revoking of thegift or if they are equally divided as to whether to revoke the gift.
(c) A revocation under subsection (b) of this section is effective only if, before an incision has been made to remove a part from the donor's body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation.
Source: L. 2017: Entire part added with relocations, (SB 17-223), ch. 158, p. 545, § 1, effective August 9.
Editor's note: This section is similar to former § 12-34-110 as it existed prior to 2017.