reglab/statecodes huggingface dataset:
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 2 - Utah Medical Examiner › Section 221 - Authority of county attorney or district attorney to subpoena witnesses and compel testimony -- Determination if decedent died by unlawful means.

Effective 5/3/2023
26B-8-221.
Authority of county attorney or district attorney to subpoena witnesses and compel testimony -- Determination if decedent died by unlawful means.
(1) The district attorney or county attorney having criminal jurisdiction may subpoena witnesses and compel testimony concerning the death of any person and have such testimony reduced to writing under his direction and may employ a shorthand reporter for that purpose at the same compensation as is allowed to reporters in the district courts. When the testimony has been taken down by the shorthand reporter, a transcript thereof, duly certified, shall constitute the deposition of the witness.
(2) Upon review of all facts and testimony taken concerning the death of a person, the district attorney or county attorney having criminal jurisdiction shall determine if the decedent died by unlawful means and shall also determine if criminal prosecution shall be instituted.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 2 - Utah Medical Examiner › Section 222 - Additional powers and duties of department.

Effective 5/3/2023
26B-8-222.
Additional powers and duties of department.
The department may:
(1) establish rules to carry out the provisions of this part;
(2) arrange for the state health laboratory to perform toxicologic analysis for public or private institutions and fix fees for the services;
(3) cooperate and train law enforcement personnel in the techniques of criminal investigation as related to medical and pathological matters; and
(4) pay to private parties, institutions or funeral directors the reasonable value of services performed for the medical examiner's office.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 2 - Utah Medical Examiner › Section 223 - Authority of examiner to provide organ or other tissue for transplant purposes.

Effective 5/3/2023
26B-8-223.
Authority of examiner to provide organ or other tissue for transplant purposes.
(1) When requested by the licensed physician of a patient who is in need of an organ or other tissue for transplant purpose, by a legally created Utah eye bank, organ bank or medical facility, the medical examiner may provide an organ or other tissue if:
(a) a decedent who may provide a suitable organ or other tissue for the transplant is in the custody of the medical examiner;
(b) the medical examiner is assured that the requesting party has made reasonable search for and inquiry of next of kin of the decedent and that no objection by the next of kin is known by the requesting party; and
(c) the removal of the organ or other tissue will not interfere with the investigation or autopsy or alter the post-mortem facial appearance.
(2) When the medical examiner is in custody of a decedent who may provide a suitable organ or other tissue for transplant purposes, he may contact the appropriate eye bank, organ bank or medical facility and notify them concerning the suitability of the organ or other tissue. In such contact the medical examiner may disclose the name of the decedent so that necessary clearances can be obtained.
(3) No person shall be held civilly or criminally liable for any acts performed pursuant to this section.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 2 - Utah Medical Examiner › Section 224 - Autopsies -- Persons eligible to authorize.

Effective 5/3/2023
26B-8-224.
Autopsies -- Persons eligible to authorize.
(1) Autopsies may be authorized:
(a) by the commissioner of the Labor Commission or the commissioner's designee as provided in Section 34A-2-603;
(b) by individuals by will or other written document;
(c) upon a decedent by the next of kin in the following order and as known: surviving spouse, child, if 18 years old or older, otherwise the legal guardian of the child, parent, sibling, uncle or aunt, nephew or niece, cousin, others charged by law with the duty of burial, or friend assuming the obligation of burial;
(d) by the county attorney, district attorney, or the district attorney's deputy, or a district judge; and
(e) by the medical examiner as provided in this part.
(2) Autopsies authorized under Subsections (1)(a) and (1)(d) shall be performed by a certified pathologist.
(3) No criminal or civil action arises against a pathologist or a physician who proceeds in good faith and performs an autopsy authorized by this section.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 2 - Utah Medical Examiner › Section 225 - Burial of an unclaimed body -- Request by the school of medicine at the University of Utah -- Medical examiner may retain tissue for dog training.

Effective 5/3/2023
26B-8-225.
Burial of an unclaimed body -- Request by the school of medicine at the University of Utah -- Medical examiner may retain tissue for dog training.
(1) Except as described in Subsection (2) or (3), a county shall provide, at the county's expense, decent burial for an unclaimed body found in the county.
(2) A county is not responsible for decent burial of an unclaimed body found in the county if the body is requested by the dean of the school of medicine at the University of Utah under Section 53B-17-301.
(3) For an unclaimed body that is temporarily in the medical examiner's custody before burial under Subsection (1), the medical examiner may retain tissue from the unclaimed body in order to donate the tissue to an individual who is affiliated with an established search and rescue dog organization, for the purpose of training a dog to search for human remains.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 2 - Utah Medical Examiner › Section 226 - Social security number in certification of death.

Effective 5/3/2023
26B-8-226.
Social security number in certification of death.
A certification of death shall include, if known, the social security number of the deceased person, and a copy of the certification shall be sent to the Office of Recovery Services within the department upon request.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 2 - Utah Medical Examiner › Section 227 - Registry of unidentified deceased persons.

Effective 5/3/2023
26B-8-227.
Registry of unidentified deceased persons.
(1) If the identity of a deceased person over which the medical examiner has jurisdiction under Section 26B-8-205 is unknown, the medical examiner shall do the following before releasing the body to the county in which the body was found as provided in Section 26B-8-225:
(a) assign a unique identifying number to the body;
(b) create and maintain a file under the assigned number;
(c) examine the body, take samples, and perform other related tasks for the purpose of deriving information that may be useful in ascertaining the identity of the deceased person;
(d) use the identifying number in all records created by the medical examiner that pertains to the body;
(e) record all information pertaining to the body in the file created and maintained under Subsection (1)(b);
(f) communicate the unique identifying number to the county in which the body was found; and
(g) access information from available government sources and databases in an attempt to ascertain the identity of the deceased person.
(2) A county which has received a body to which Subsection (1) applies:
(a) shall adopt and use the same identifying number assigned by Subsection (1) in all records created by the county that pertain to the body;
(b) require any funeral director or sexton who is involved in the disposition of the body to adopt and use the same identifying number assigned by Subsection (1) in all records created by the funeral director or sexton pertaining to the body; and
(c) shall provide a decent burial for the body.
(3) Within 30 days of receiving a body to which Subsection (1) applies, the county shall inform the medical examiner of the disposition of the body including the burial plot. The medical examiner shall record this information in the file created and maintained under Subsection (1)(b).
(4) The requirements of Subsections (1) and (6) apply to a county examiner appointed under Section 26B-8-203, with the additional requirements that the county examiner:
(a) obtain a unique identifying number from the medical examiner for the body; and
(b) send to the medical examiner a copy of the file created and maintained in accordance with Subsection (1)(b), including the disposition of the body and burial plot, within 30 days of releasing the body.
(5) The medical examiner shall maintain a file received under Subsection (4) in the same way that it maintains a file created and maintained by the medical examiner in accordance with Subsection (1)(b).
(6) The medical examiner shall cooperate and share information generated and maintained under this section with a person who demonstrates:
(a) a legitimate personal or governmental interest in determining the identity of a deceased person; and
(b) a reasonable belief that the body of that deceased person may have come into the custody of the medical examiner.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 2 - Utah Medical Examiner › Section 228 - Testing for suspected suicides -- Maintaining information -- Compensation to deputy medical examiners.

Effective 5/3/2023
26B-8-228.
Testing for suspected suicides -- Maintaining information -- Compensation to deputy medical examiners.
(1) In all cases where it is suspected that a death resulted from suicide, including assisted suicide, the medical examiner shall endeavor to have the following tests conducted upon samples taken from the body of the deceased:
(a) a test that detects all of the substances included in the volatiles panel of the Bureau of Forensic Toxicology within the department;
(b) a test that detects all of the substances included in the drugs of abuse panel of the Bureau of Forensic Toxicology within the department; and
(c) a test that detects all of the substances included in the prescription drug panel of the Bureau of Forensic Toxicology within the department.
(2) The medical examiner shall maintain information regarding the types of substances found present in the samples taken from the body of a person who is suspected to have died as a result of suicide or assisted suicide.
(3) Within funds appropriated by the Legislature for this purpose, the medical examiner shall provide compensation, at a standard rate determined by the medical examiner, to a deputy medical examiner who collects samples for the purposes described in Subsection (1).
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 2 - Utah Medical Examiner › Section 229 - Psychological autopsy examiner.

Effective 5/3/2023
26B-8-229.
Psychological autopsy examiner.
(1) With funds appropriated by the Legislature for this purpose, the department shall provide compensation, at a standard rate determined by the department, to a psychological autopsy examiner.
(2) The psychological autopsy examiner shall:
(a) work with the medical examiner to compile data regarding suicide related deaths;
(b) as relatives of the deceased are willing, gather information from relatives of the deceased regarding the psychological reasons for the decedent's death;
(c) maintain a database of information described in Subsections (2)(a) and (b);
(d) in accordance with all applicable privacy laws subject to approval by the department, share the database described in Subsection (2)(c) with the University of Utah Department of Psychiatry or other university-based departments conducting research on suicide;
(e) coordinate no less than monthly with the suicide prevention coordinator described in Subsection 26B-5-611(2); and
(f) coordinate no less than quarterly with the state suicide prevention coalition.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 2 - Utah Medical Examiner › Section 230 - Application for permit to render a dead body unavailable for postmortem examination -- Fees.

Effective 5/3/2023
26B-8-230.
Application for permit to render a dead body unavailable for postmortem examination -- Fees.
(1) Upon receiving an application by a person for a permit to render a dead body unavailable for postmortem investigation, the medical examiner shall review the application to determine whether:
(a) the person is authorized by law to render the dead body unavailable for postmortem investigation in the manner specified in the application; and
(b) there is a need to delay any action that will render the dead body unavailable for postmortem investigation until a postmortem investigation or an autopsy of the dead body is performed by the medical examiner.
(2) Except as provided in Subsection (4), within three days after receiving an application described in Subsection (1), the medical examiner shall:
(a) make the determinations described in Subsection (1); and
(b)
(i) issue a permit to render the dead body unavailable for postmortem investigation in the manner specified in the application; or
(ii) deny the permit.
(3) The medical examiner may deny a permit to render a dead body unavailable for postmortem investigation only if:
(a) the applicant is not authorized by law to render the dead body unavailable for postmortem investigation in the manner specified in the application;
(b) the medical examiner determines that there is a need to delay any action that will render the dead body unavailable for postmortem investigation; or
(c) the applicant fails to pay the fee described in Subsection (5).
(4) If the medical examiner cannot in good faith make the determinations described in Subsection (1) within three days after receiving an application described in Subsection (1), the medical examiner shall notify the applicant:
(a) that more time is needed to make the determinations described in Subsection (1); and
(b) of the estimated amount of time needed before the determinations described in Subsection (1) can be made.
(5) The medical examiner may charge a fee, pursuant to Section 63J-1-504, to recover the costs of fulfilling the duties of the medical examiner described in this section.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 2 - Utah Medical Examiner › Section 231 - Overdose fatality examiner.

Effective 5/3/2023
26B-8-231.
Overdose fatality examiner.
(1) Within funds appropriated by the Legislature, the department shall provide compensation, at a standard rate determined by the department, to an overdose fatality examiner.
(2) The overdose fatality examiner shall:
(a) work with the medical examiner to compile data regarding overdose and opioid related deaths, including:
(i) toxicology information;
(ii) demographics; and
(iii) the source of opioids or drugs;
(b) as relatives of the deceased are willing, gather information from relatives of the deceased regarding the circumstances of the decedent's death;
(c) maintain a database of information described in Subsections (2)(a) and (b);
(d) coordinate no less than monthly with the suicide prevention coordinator described in Section 26B-5-611; and
(e) coordinate no less than quarterly with the Opioid and Overdose Fatality Review Committee created in Section 26B-1-403.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 2 - Utah Medical Examiner › Section 232 - Injury reporting requirements by health care provider -- Contents of report -- Penalties.

Effective 5/3/2023
26B-8-232.
Injury reporting requirements by health care provider -- Contents of report -- Penalties.
(1) As used in this section:
(a) "Health care provider" means any person, firm, corporation, or association which furnishes treatment or care to persons who have suffered bodily injury, and includes hospitals, clinics, podiatrists, dentists and dental hygienists, nurses, nurse practitioners, physicians and physicians' assistants, osteopathic physicians, naturopathic practitioners, chiropractors, acupuncturists, paramedics, and emergency medical technicians.
(b) "Injury" does not include any psychological or physical condition brought about solely through the voluntary administration of prescribed controlled substances.
(c) "Law enforcement agency" means the municipal or county law enforcement agency:
(i) having jurisdiction over the location where the injury occurred; or
(ii) if the reporting health care provider is unable to identify or contact the law enforcement agency with jurisdiction over the injury, "law enforcement agency" means the agency nearest to the location of the reporting health care provider.
(d) "Report to a law enforcement agency" means to report, by telephone or other spoken communication, the facts known regarding an injury subject to reporting under Section 26B-8-232 to the dispatch desk or other staff person designated by the law enforcement agency to receive reports from the public.
(2)
(a) Any health care provider who treats or cares for any person who suffers from any wound or other injury inflicted by the person's own act or by the act of another by means of a knife, gun, pistol, explosive, infernal device, or deadly weapon, or by violation of any criminal statute of this state, shall immediately report to a law enforcement agency the facts regarding the injury.
(b) The report shall state the name and address of the injured person, if known, the person's whereabouts, the character and extent of the person's injuries, and the name, address, and telephone number of the person making the report.
(3) A health care provider may not be discharged, suspended, disciplined, or harassed for making a report pursuant to this section.
(4) A person may not incur any civil or criminal liability as a result of making any report required by this section.
(5) A health care provider who has personal knowledge that the report of a wound or injury has been made in compliance with this section is under no further obligation to make a report regarding that wound or injury under this section.
(6) Any health care provider who intentionally or knowingly violates any provision of this section is guilty of a class B misdemeanor.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 3 - Revised Uniform Anatomical Gift Act › Section 302 - Applicability.

Effective 5/3/2023
26B-8-302.
Applicability.
This part applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 3 - Revised Uniform Anatomical Gift Act › Section 303 - Who may make anatomical gift before donor's death.

Effective 5/3/2023
26B-8-303.
Who may make anatomical gift before donor's death.
Subject to Section 26B-8-307, an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in Section 26B-8-304 by:
(1) the donor, if the donor is an adult or if the donor is a minor and is:
(a) emancipated; or
(b) authorized under state law to apply for a driver license because the donor is at least 15 years old;
(2) an agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift;
(3) a parent of the donor, if the donor is an unemancipated minor; or
(4) the donor's guardian.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 3 - Revised Uniform Anatomical Gift Act › Section 304 - Manner of making anatomical gift before donor's death.

Effective 5/3/2023
26B-8-304.
Manner of making anatomical gift before donor's death.
(1) A donor may make an anatomical gift:
(a) by authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver license or identification card;
(b) in a will;
(c) during a terminal illness or injury of the donor, by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness; or
(d) as provided in Subsection (2).
(2) A donor or other person authorized to make an anatomical gift under Section 26B-8-303 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and shall:
(a) be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
(b) state that it has been signed and witnessed as provided in Subsection (2)(a).
(3) Revocation, suspension, expiration, or cancellation of a driver license or identification card upon which an anatomical gift is indicated does not invalidate the gift.
(4) An anatomical gift made by will takes effect upon the donor's death whether or not the will is probated. Invalidation of the will after the donor's death does not invalidate the gift.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 3 - Revised Uniform Anatomical Gift Act › Section 305 - Amending or revoking anatomical gift before donor's death.

Effective 5/3/2023
26B-8-305.
Amending or revoking anatomical gift before donor's death.
(1) Subject to Section 26B-8-307, a donor or other person authorized to make an anatomical gift under Section 26B-8-303 may amend or revoke an anatomical gift by:
(a) a record signed by:
(i) the donor;
(ii) the other person; or
(iii) subject to Subsection (2), another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or
(b) a later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.
(2) A record signed pursuant to Subsection (1)(a)(iii) shall:
(a) be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
(b) state that it has been signed and witnessed as provided in Subsection (1)(a).
(3) Subject to Section 26B-8-307, a donor or other person authorized to make an anatomical gift under Section 26B-8-303 may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.
(4) A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.
(5) A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in Subsection (1).
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 3 - Revised Uniform Anatomical Gift Act › Section 306 - Refusal to make anatomical gift -- Effect of refusal.

Effective 5/3/2023
26B-8-306.
Refusal to make anatomical gift -- Effect of refusal.
(1) An individual may refuse to make an anatomical gift of the individual's body or part by:
(a) a record signed by:
(i) the individual; or
(ii) subject to Subsection (2), another individual acting at the direction of the individual if the individual is physically unable to sign;
(b) the individual's will, whether or not the will is admitted to probate or invalidated after the individual's death; or
(c) any form of communication made by the individual during the individual's terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.
(2) A record signed pursuant to Subsection (1)(a)(ii) shall:
(a) be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the individual; and
(b) state that it has been signed and witnessed as provided in Subsection (1)(a).
(3) An individual who has made a refusal may amend or revoke the refusal:
(a) in the manner provided in Subsection (1) for making a refusal;
(b) by subsequently making an anatomical gift pursuant to Section 26B-8-304 that is inconsistent with the refusal; or
(c) by destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.
(4) Except as otherwise provided in Subsection 26B-8-307(8), in the absence of an express, contrary indication by the individual set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of the individual's body or part bars all other persons from making an anatomical gift of the individual's body or part.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 3 - Revised Uniform Anatomical Gift Act › Section 307 - Preclusive effect of anatomical gift, amendment, or revocation.

Effective 5/3/2023
26B-8-307.
Preclusive effect of anatomical gift, amendment, or revocation.
(1) Except as otherwise provided in Subsection (7) and subject to Subsection (6), in the absence of an express, contrary indication 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 donor made an anatomical gift of the donor's body or part under Section 26B-8-304 or an amendment to an anatomical gift of the donor's body or part under Section 26B-8-305.
(2) A donor's revocation of an anatomical gift of the donor's body or part under Section 26B-8-305 is not a refusal and does not bar another person specified in Section 26B-8-303 or 26B-8-308 from making an anatomical gift of the donor's body or part under Section 26B-8-304 or 26B-8-309.
(3) If a person other than the donor makes an unrevoked anatomical gift of the donor's body or part under Section 26B-8-304 or an amendment to an anatomical gift of the donor's body or part under Section 26B-8-305, another person may not make, amend, or revoke the gift of the donor's body or part under Section 26B-8-309.
(4) A revocation of an anatomical gift of a donor's body or part under Section 26B-8-305 by a person other than the donor does not bar another person from making an anatomical gift of the body or part under Section 26B-8-304 or 26B-8-309.
(5) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under Section 26B-8-303, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.
(6) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under Section 26B-8-303, an anatomical gift of a part for one or more of the purposes set forth in Section 26B-8-303 is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under Section 26B-8-304 or 26B-8-309.
(7) If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor's body or part.
(8) If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor's refusal.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 3 - Revised Uniform Anatomical Gift Act › Section 308 - Who may make anatomical gift of decedent's body or part.

Effective 5/3/2023
26B-8-308.
Who may make anatomical gift of decedent's body or part.
(1) Subject to Subsections (2) and (3) and unless barred by Section 26B-8-306 or 26B-8-307, 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:
(a) an agent of the decedent at the time of death who could have made an anatomical gift under Subsection 26B-8-303(2) immediately before the decedent's death;
(b) the spouse of the decedent;
(c) adult children of the decedent;
(d) parents of the decedent;
(e) adult siblings of the decedent;
(f) adult grandchildren of the decedent;
(g) grandparents of the decedent;
(h) the persons who were acting as the guardians of the person of the decedent at the time of death;
(i) an adult who exhibited special care and concern for the decedent; and
(j) any other person having the authority to dispose of the decedent's body.
(2) If there is more than one member of a class listed in Subsection (1)(a), (c), (d), (e), (f), (g), or (j) 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 26B-8-310 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.
(3) A person may not make an anatomical gift if, at the time of the decedent's death, a person in a prior class under Subsection (1) is reasonably available to make or to object to the making of an anatomical gift.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 3 - Revised Uniform Anatomical Gift Act › Section 309 - Manner of making, amending, or revoking anatomical gift of decedent's body or part.

Effective 5/3/2023
26B-8-309.
Manner of making, amending, or revoking anatomical gift of decedent's body or part.
(1) A person authorized to make an anatomical gift under Section 26B-8-308 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.
(2) Subject to Subsection (3), an anatomical gift by a person authorized under Section 26B-8-308 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 26B-8-308 may be:
(a) amended only if a majority of the reasonably available members agree to the amending of the gift; or
(b) revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.
(3) A revocation under Subsection (2) 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.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 3 - Revised Uniform Anatomical Gift Act › Section 311 - Search and notification.

Effective 5/3/2023
26B-8-311.
Search and notification.
(1) The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal:
(a) a law enforcement officer, firefighter, paramedic, or other emergency rescuer finding the individual;
(b) if no other source of the information is immediately available, a hospital, as soon as practical after the individual's arrival at the hospital; and
(c) a law enforcement officer, firefighter, emergency medical services provider, or other emergency rescuer who finds an individual who is deceased at the scene of a motor vehicle accident, when the deceased individual is transported from the scene of the accident to a funeral establishment licensed under Title 58, Chapter 9, Funeral Services Licensing Act:
(i) the law enforcement officer, firefighter, emergency medical services provider, or other emergency rescuer shall as soon as reasonably possible, notify the appropriate organ procurement organization, tissue bank, or eye bank of:
(A) the identity of the deceased individual, if known;
(B) information, if known, pertaining to the deceased individual's legal next-of-kin in accordance with Section 26B-8-308; and
(C) the name and location of the funeral establishment which received custody of and transported the deceased individual; and
(ii) the funeral establishment receiving custody of the deceased individual under this Subsection (1)(c) may not embalm the body of the deceased individual until:
(A) the funeral establishment receives notice from the organ procurement organization, tissue bank, or eye bank that the readily available persons listed as having priority in Section 26B-8-308 have been informed by the organ procurement organization of the option to make or refuse to make an anatomical gift in accordance with Section 26B-8-303, with reasonable discretion and sensitivity appropriate to the circumstances of the family;
(B) in accordance with federal law, prior approval for embalming has been obtained from a family member or other authorized person; and
(C) the period of time in which embalming is prohibited under Subsection (1)(c)(ii) may not exceed 24 hours after death.
(2) If a document of gift or a refusal to make an anatomical gift is located by the search required by Subsection (1)(a) and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital.
(3) A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this section but may be subject to administrative sanctions.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 3 - Revised Uniform Anatomical Gift Act › Section 312 - Delivery of document of gift not required -- Right to examine.

Effective 5/3/2023
26B-8-312.
Delivery of document of gift not required -- Right to examine.
(1) A document of gift need not be delivered during the donor's lifetime to be effective.
(2) Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under Section 26B-8-310.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 3 - Revised Uniform Anatomical Gift Act › Section 314 - Coordination of procurement and use.

Effective 5/3/2023
26B-8-314.
Coordination of procurement and use.
Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 3 - Revised Uniform Anatomical Gift Act › Section 315 - Sale or purchase of parts prohibited.

Effective 5/3/2023
26B-8-315.
Sale or purchase of parts prohibited.
(1) Except as otherwise provided in Subsection (2), a person that for valuable consideration, knowingly purchases or sells a part for transplantation or therapy if removal of a part from an individual is intended to occur after the individual's death commits a third degree felony.
(2) A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a part.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 3 - Revised Uniform Anatomical Gift Act › Section 316 - Other prohibited acts.

Effective 5/3/2023
26B-8-316.
Other prohibited acts.
A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment, or revocation of a document of gift, or a refusal commits a third degree felony.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 3 - Revised Uniform Anatomical Gift Act › Section 317 - Immunity.

Effective 5/3/2023
26B-8-317.
Immunity.
(1) A person that acts in accordance with this part or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution, or administrative proceeding.
(2) Neither the person making an anatomical gift nor the donor's estate is liable for any injury or damage that results from the making or use of the gift.
(3) In determining whether an anatomical gift has been made, amended, or revoked under this part, a person may rely upon representations of an individual listed in Subsection 26B-8-308(1)(b), (c), (d), (e), (f), (g), (h), (i), or (j) relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is untrue.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 3 - Revised Uniform Anatomical Gift Act › Section 318 - Law governing validity -- Choice of law as to execution of document of gift -- Presumption of validity.

Effective 5/3/2023
26B-8-318.
Law governing validity -- Choice of law as to execution of document of gift -- Presumption of validity.
(1) A document of gift is valid if executed in accordance with:
(a) this part;
(b) the laws of the state or country where it was executed; or
(c) the laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed.
(2) If a document of gift is valid under this section, the law of this state governs the interpretation of the document of gift.
(3) A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 3 - Revised Uniform Anatomical Gift Act › Section 319 - Donor registry.

Effective 5/3/2023
26B-8-319.
Donor registry.
(1) The Department of Public Safety may establish or contract for the establishment of a donor registry.
(2) The Driver License Division of the Department of Public Safety shall cooperate with a person that administers any donor registry that this state establishes, contracts for, or recognizes for the purpose of transferring to the donor registry all relevant information regarding a donor's making, amendment to, or revocation of an anatomical gift.
(3) A donor registry shall:
(a) allow a donor or other person authorized under Section 26B-8-303 to include on the donor registry a statement or symbol that the donor has made, amended, or revoked an anatomical gift;
(b) be accessible to a procurement organization to allow it to obtain relevant information on the donor registry to determine, at or near death of the donor or a prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift; and
(c) be accessible for purposes of Subsections (3)(a) and (b) seven days a week on a 24-hour basis.
(4) Personally identifiable information on a donor registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor, prospective donor, or person that made the anatomical gift for any purpose other than to determine, at or near death of the donor or prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift.
(5) This section does not prohibit any person from creating or maintaining a donor registry that is not established by or under contract with the state. Any such registry shall comply with Subsections (3) and (4).
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 3 - Revised Uniform Anatomical Gift Act › Section 320 - Effect of anatomical gift on advance health care directive.

Effective 5/3/2023
26B-8-320.
Effect of anatomical gift on advance health care directive.
(1) As used in this section:
(a) "Advance health care directive" means a power of attorney for health care or a record signed or authorized by a prospective donor containing the prospective donor's direction concerning a health care decision for the prospective donor.
(b) "Declaration" means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective donor.
(c) "Health care decision" means any decision regarding the health care of the prospective donor.
(2) If a prospective donor has a declaration or advance health care directive and the terms of the declaration or directive and the express or implied terms of a potential anatomical gift are in conflict with regard to the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy, the prospective donor's attending physician and prospective donor shall confer to resolve the conflict. If the prospective donor is incapable of resolving the conflict, an agent acting under the prospective donor's declaration or directive, or if no declaration or directive exists or the agent is not reasonably available, another person authorized by a law other than this part to make a health care decision on behalf of the prospective donor, shall act for the donor to resolve the conflict. The conflict shall be resolved as expeditiously as possible. Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift for the prospective donor under Section 26B-8-308. Before resolution of the conflict, measures necessary to ensure the medical suitability of the part may not be withheld or withdrawn from the prospective donor if withholding or withdrawing the measures is not contraindicated by appropriate end of life care.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 3 - Revised Uniform Anatomical Gift Act › Section 321 - Cooperation between medical examiner and procurement organization.

Effective 5/3/2023
26B-8-321.
Cooperation between medical examiner and procurement organization.
(1) A medical examiner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education.
(2) If a medical examiner receives notice from a procurement organization that an anatomical gift might be available or was made with respect to a decedent whose body is under the jurisdiction of the medical examiner and a postmortem examination is going to be performed, unless the medical examiner denies recovery in accordance with Section 26B-8-322, the medical examiner or designee shall conduct a postmortem examination of the body or the part in a manner and within a period compatible with its preservation for the purposes of the gift.
(3) A part may not be removed from the body of a decedent under the jurisdiction of a medical examiner for transplantation, therapy, research, or education unless the part is the subject of an anatomical gift. The body of a decedent under the jurisdiction of the medical examiner may not be delivered to a person for research or education unless the body is the subject of an anatomical gift. This Subsection (3) does not preclude a medical examiner from performing the medicolegal investigation upon the body or parts of a decedent under the jurisdiction of the medical examiner.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 3 - Revised Uniform Anatomical Gift Act › Section 323 - Uniformity of application and construction.

Effective 5/3/2023
26B-8-323.
Uniformity of application and construction.
In applying and construing the uniform act in this part, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Renumbered and Amended by Chapter 306, 2023 General Session