S.B. 146

1

AMENDMENT TO UNIFORM ANATOMICAL
2 GIFT ACT
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Lyle W. Hillyard
6 House Sponsor: Fred R. Hunsaker
7
8 LONG TITLE
9 General Description:
10 This bill amends the Revised Uniform Anatomical Gift Act.
11 Highlighted Provisions:
12 This bill:
13 . incorporates an amendment adopted by the National Conference of Commissioners
14 on Uniform State Laws which coordinates directions from a patient under an
15 advance health care directive with directions from a patient under a declaration to
16 make an anatomical gift.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 26-28-121, as enacted by Laws of Utah 2007, Chapter 60
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 26-28-121 is amended to read:
27 26-28-121. Effect of anatomical gift on advance health care directive.

28 (1) As used in this section:
29 (a) "Advance health care directive" means a power of attorney for health care or a
30 record signed or authorized by a prospective donor containing the prospective donor's direction
31 concerning a health care decision for the prospective donor.
32 (b) "Declaration" means a record signed by a prospective donor specifying the
33 circumstances under which a life support system may be withheld or withdrawn from the
34 prospective donor.
35 (c) "Health care decision" means any decision [made] regarding the health care of the
36 prospective donor.
37 (2) If a prospective donor has a declaration or advance health care directive[,] and the
38 terms of the declaration or directive and the express or implied terms of a potential anatomical
39 gift are in conflict with regard to the administration of measures necessary to ensure the
40 medical suitability of [an organ] a part for transplantation or therapy [may not be withheld or
41 withdrawn from the prospective donor, unless the declaration expressly provides to the
42 contrary], the prospective donor's attending physician and prospective donor shall confer to
43 resolve the conflict. If the prospective donor is incapable of resolving the conflict, an agent
44 acting under the prospective donor's declaration or directive, or if no declaration or directive
45 exists or the agent is not reasonably available, another person authorized by a law other than
46 this chapter to make a health care decision on behalf of the prospective donor, shall act for the
47 donor to resolve the conflict. The conflict must be resolved as expeditiously as possible.
48 Information relevant to the resolution of the conflict may be obtained from the appropriate
49 procurement organization and any other person authorized to make an anatomical gift for the
50 prospective donor under Section 26-28-109 . Before resolution of the conflict, measures
51 necessary to ensure the medical suitability of the part may not be withheld or withdrawn from
52 the prospective donor if withholding or withdrawing the measures is not contraindicated by
53 appropriate end of life care.




Legislative Review Note
as of 1-18-08 8:59 AM

Office of Legislative Research and General Counsel