26-28-121. 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circumstances under which a life support system may be withheld or withdrawn from the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 chapter to make a health care decision on behalf of the
prospective donor, shall act for the donor to resolve the conflict. The conflict must 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 26-28-109. 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withdrawn from the prospective donor if withholding or withdrawing the measures is not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.
Amended by Chapter 32, 2008 General Session
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Last revised: Wednesday, October 08, 2008