(a) An anatomical gift may be made to the following persons named in the document of gift:
A hospital; accredited medical school, dental school, college, or university; organ procurement organization; or other appropriate person, for research or education;
Subject to subsection (b) of this section, an individual designated by the person making theanatomical gift if the individual is the recipient of the part; (3) An eye bank or tissue bank.
If an anatomical gift to an individual under subsection (a)(2) of this section cannot be transplanted into the individual, the part passes in accordance with subsection (g) of this section in the absence of an express, contrary indication by the person making the anatomical gift.
If an anatomical gift of one or more specific parts or of all parts is made in a document ofgift that does not name a person described in subsection (a) of this section but identifies the purpose for which an anatomical gift may be used, the following rules apply:
If the part is an eye and the gift is for the purpose of transplantation or therapy, the giftpasses to the appropriate eye bank.
If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passesto the appropriate tissue bank.
If the part is an organ and the gift is for the purpose of transplantation or therapy, the giftpasses to the appropriate organ procurement organization as custodian of the organ.
If the part is an organ, an eye, or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate procurement organization.
For the purpose of subsection (c) of this section, if there is more than one purpose of ananatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift must be used for transplantation or therapy, if suitable. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education.
If an anatomical gift of one or more specific parts is made in a document of gift that does notname a person described in subsection (a) of this section and does not identify the purpose of the gift, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (g) of this section.
If a document of gift specifies only a general intent to make an anatomical gift by words suchas "donor", "organ donor", or "body donor", or by a symbol or statement of similar import, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (g) of this section.
For purposes of subsections (b), (e), and (f) of this section the following rules apply:
If the part is an eye, the gift passes to the appropriate eye bank.
If the part is tissue, the gift passes to the appropriate tissue bank.
If the part is an organ, the gift passes to the appropriate organ procurement organization ascustodian of the organ.
An anatomical gift of an organ for transplantation or therapy, other than an anatomical giftunder subsection (a)(2) of this section, passes to the organ procurement organization as custodian of the organ.
If an anatomical gift does not pass pursuant to subsections (a) through (h) of this section orthe decedent's body or part is not used for transplantation, therapy, research, or education, custody of the body or part passes to the person under obligation to dispose of the body or part. (j) A person may not accept an anatomical gift if the person knows that the gift was not effectively made under section 15-19-205 or 15-19-210 or if the person knows that the decedent made a refusal under section 15-19-207 that was not revoked. For purposes of this subsection (j), if a person knows that an anatomical gift was made on a document of gift, the person is deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift.
(k) Except as otherwise provided in subsection (a)(2) of this section, nothing in this part 2 affects the allocation of organs for transplantation or therapy.
Source: L. 2017: Entire part added with relocations, (SB 17-223), ch. 158, p. 546, § 1, effective August 9.
Editor's note: This section is similar to former § 12-34-111 as it existed prior to 2017. 15-19-212. Search and notification. (Reserved)
Editor's note: This section is similar to former § 12-34-112 as it existed prior to 2017.