Second Substitute S.B. 109

Senator Paula F. Julander proposes to substitute the following bill:

1 UTAH ANATOMICAL GIFT ACT AMENDMENTS
2 2001 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Karen Hale
5 This act modifies the Uniform Anatomical Gift Act and the Uniform Driver License Act.
6 This act modifies the Uniform Anatomical Gift Act to comply with federal law. The act
7 requires a hospital to notify an organ procurement organization of the imminent or actual
8 death of a patient. This act requires emergency personnel to notify the organ procurement
9 organization of a death at the scene of a motor vehicle accident and prohibits a funeral
10 establishment from embalming a body until after designated persons are informed of
11 anatomical gift options. The act requires a hospital to collaborate with the organ
12 procurement organization or designate trained individuals to ensure that specified persons
13 are informed about anatomical gift options. This act permits required information to be
14 entered on the Utah Anatomical Consent Form or hospital death form. This act authorizes
15 the Driver License Division to release to an organ procurement organization the names and
16 addresses of persons who indicate on their licenses that they intend to make an anatomical
17 gift. This act sets forth the manner of collecting and releasing anatomical gift information
18 and sets limits on its use. This act amends definitions, makes technical changes, and provides
19 an effective date.
20 This act affects sections of Utah Code Annotated 1953 as follows:
21 AMENDS:
22 26-28-2, as last amended by Chapter 21, Laws of Utah 1999
23 26-28-6, as last amended by Chapter 343, Laws of Utah 1995
24 53-3-205, as last amended by Chapters 36 and 216, Laws of Utah 1999
25 53-3-207, as last amended by Chapter 216, Laws of Utah 1999

26 53-3-804, as last amended by Chapter 36, Laws of Utah 1999
27 53-3-805, as renumbered and amended by Chapters 24 and 234, Laws of Utah 1993
28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 26-28-2 is amended to read:
30 26-28-2. Definitions.
31 As used in this chapter:
32 (1) "Anatomical gift" means the giving of permission for a person authorized in this
33 chapter to remove parts of the human body as limited in the document of gift after death of the
34 human body and use them for the purposes listed in Subsection 26-28-3 (1).
35 (2) "Decedent" means a deceased individual and includes a stillborn infant or fetus.
36 (3) "Document of gift" means a card, a will, or other writing used to make an anatomical
37 gift in compliance with this chapter.
38 (4) "Donor" means an individual who, prior to his death, executes a document of gift
39 concerning all or part of his own body.
40 (5) "Evidence of a document of gift" means a statement attached to or imprinted on any
41 license to operate a motor vehicle or any other writing expressing a desire to make an anatomical
42 gift or giving evidence of the existence of a document of gift.
43 (6) "Hospital" means a general acute hospital and specialty hospital facility licensed in
44 accordance with Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act, or by the
45 United States government.
46 (7) "Organ procurement organization" means an organization recognized by the United
47 States Department of Health and Human Services as meeting the requirements of 42 U.S.C.
48 Section 273.
49 [(7)] (8) "Part" means an organ, tissue, eye, bone, blood vessel, blood, fluid, or other
50 portion of a human body.
51 [(8)] (9) "Physician" means a person licensed to practice medicine under Title 58, Chapter
52 68, Utah Osteopathic Medical Practice Act, or under Title 58, Chapter 67, Utah Medical Practice
53 Act, or a person similarly licensed in any state.
54 [(9)] (10) "Procurement entity" means:
55 (a) an organ procurement organization [recognized by the United States Department of
56 Health and Human Services as meeting the requirements of 42 U.S.C. Section 273]; or

57 (b) a hospital, medical school, physician, eye bank, or tissue bank.
58 [(10)] (11) "Technician" means a person certified by the American Association of Tissue
59 Banks as a certified tissue bank specialist.
60 Section 2. Section 26-28-6 is amended to read:
61 26-28-6. Routine inquiry and required request -- Search and notification.
62 (1) At or near the time of a patient's death, the administrator of the hospital where the
63 patient is being treated or a representative designated by the administrator shall:
64 (a) notify the appropriate organ procurement organization of the imminent or actual death
65 of the patient; and
66 [(a) discuss with the] (b) ensure, in collaboration with the organ procurement
67 organization, that readily available persons listed as having priority in Section 26-28-4 are
68 informed of the option to make or refuse to make an anatomical gift in accordance with Section
69 26-28-4 , with reasonable discretion and sensitivity appropriate to the circumstances of the
70 family[;].
71 [(b)] (c) enter the required information on a Utah Anatomical Consent Form or hospital
72 death form as adopted by the department, which may include the patient's name and demographic
73 information, medical suitability of the patient, the response of the person to whom the request was
74 made and the person's relationship to the patient, and if the patient does not meet the medical
75 criteria, the reasons he did not meet the criteria; and
76 [(c)] (d) obtain the signature of the one having the highest priority of the readily available
77 persons listed as having priority in Section 26-28-4 , signifying whether he consented or declined
78 to consent to the making of an anatomical gift on behalf of the patient.
79 (e) For purposes of Subsection (1)(b), the individual designated by the hospital to initiate
80 the request to the family must be an organ procurement representative or an individual who has
81 completed a course offered or approved by the organ procurement organization and designed in
82 conjunction with the tissue and eye bank community in the methodology for approaching potential
83 donor families.
84 (2) (a) A law enforcement officer, fireman, emergency medical services provider, or other
85 emergency rescuer who finds an individual who is deceased or near death, and a hospital, upon the
86 admission of an individual at or near death, shall:
87 [(a)] (i) make a reasonable search for a document of gift or other information identifying

88 whether the individual has made or refused to make an anatomical gift; and
89 [(b)] (ii) if he finds a document of gift, evidence of a document of gift, or evidence of
90 refusal, notify the hospital to which the individual is taken and deliver the evidence to the hospital.
91 (b) When a law enforcement officer, fireman, emergency medical services provider, or
92 other emergency rescuer finds an individual who is deceased at the scene of a motor vehicle
93 accident, and when the deceased individual is transported from the scene of the accident to a
94 funeral establishment licensed under Title 58, Chapter 9, Funeral Services Licensing Act:
95 (i) the law enforcement officer, firemen, emergency medical services provider, or other
96 emergency rescuer shall as soon as reasonably possible, notify the appropriate organ procurement
97 organization of:
98 (A) the identity of the deceased individual, if known; and
99 (B) the name and location of the funeral establishment which received custody of and
100 transported the deceased individual.
101 (ii) the funeral establishment receiving custody of the deceased individual under this
102 Subsection (2) may not embalm the body of the deceased individual until:
103 (A) the readily available persons listed as having priority in Section 26-28-4 are informed
104 by the individual described in Subsection (1)(e) of the option to make or refuse to make an
105 anatomical gift in accordance with Section 26-28-4 , with reasonable discretion and sensitivity
106 appropriate to the circumstances of the family; and
107 (B) in accordance with federal law, prior approval for embalming has been obtained from
108 a family member or other authorized person.
109 (iii) The period of time in which embalming is prohibited under Subsection (b)(ii) may not
110 exceed 24 hours after death.
111 (3) A hospital shall notify [an] the appropriate organ procurement [entity] organization that
112 a part is available if[: (a) at or near the time of death of a patient, a hospital knows that the patient
113 or a person authorized in accordance with Section 26-28-4 , executed a document of gift; or (b)]
114 a person known to be a donor, and at or near death, is in transit to the hospital.
115 (4) The hospital and funeral establishment shall cooperate in the release and removal of
116 the anatomical gift.
117 (5) A person who fails to discharge the duties imposed by this section is not subject to civil
118 or criminal liability but is subject to appropriate administrative sanctions against the professional

119 certification or license and against the facility's license.
120 Section 3. Section 53-3-205 is amended to read:
121 53-3-205. Application for license or endorsement -- Fee required -- Tests --
122 Expiration dates of licenses and endorsements -- Information required -- Previous licenses
123 surrendered -- Driving record transferred from other states -- Reinstatement -- Fee required
124 -- License agreement.
125 (1) An application for any original license, provisional license, or endorsement shall be:
126 (a) made upon a form furnished by the division; and
127 (b) accompanied by a nonrefundable fee set under Section 53-3-105 .
128 (2) An application and fee for an original class D license entitle the applicant to:
129 (a) not more than three attempts to pass both the written and skills tests for a class D
130 license within six months of the date of the application;
131 (b) a learner permit if needed after the written test is passed; and
132 (c) an original class D license and license certificate after all tests are passed.
133 (3) An application and fee for an original class M license entitle the applicant to:
134 (a) not more than three attempts to pass both the written and skills tests for a class M
135 license within six months of the date of the application;
136 (b) a learner permit if needed after the written test is passed; and
137 (c) an original class M license and license certificate after all tests are passed.
138 (4) An application and fee for a motorcycle or taxicab endorsement entitle the applicant
139 to:
140 (a) not more than three attempts to pass both the written and skills tests within six months
141 of the date of the application;
142 (b) a motorcycle learner permit if needed after the motorcycle written test is passed; and
143 (c) a motorcycle or taxicab endorsement when all tests are passed.
144 (5) An application and fees for a commercial class A, B, or C license entitle the applicant
145 to:
146 (a) not more than two attempts to pass a written test and not more than two attempts to
147 pass a skills test within six months of the date of the application;
148 (b) a commercial driver instruction permit if needed after the written test is passed; and
149 (c) an original commercial class A, B, or C license and license certificate when all

150 applicable tests are passed.
151 (6) An application and fee for a CDL endorsement entitle the applicant to:
152 (a) not more than two attempts to pass a written test and not more than two attempts to
153 pass a skills test within six months of the date of the application; and
154 (b) a CDL endorsement when all tests are passed.
155 (7) If a CDL applicant does not pass a written test, skills test, or an endorsement test within
156 the number of attempts provided in Subsection (5) or (6), each test may be taken two additional
157 times within the six months for the fee provided in Section 53-3-105 .
158 (8) (a) An original license expires on the birth date of the applicant in the fifth year
159 following the year the license certificate was issued.
160 (b) A renewal or an extension to a license expires on the birth date of the licensee in the
161 fifth year following the expiration date of the license certificate renewed or extended.
162 (c) A duplicate license expires on the same date as the last license certificate issued.
163 (d) An endorsement to a license expires on the same date as the license certificate
164 regardless of the date the endorsement was granted.
165 (e) A license and any endorsement to the license held by a person ordered to active duty
166 and stationed outside Utah in any of the armed forces of the United States, which expires during
167 the time period the person is stationed outside of the state, is valid until 90 days after the person
168 has been discharged or has left the service, unless the license is suspended, disqualified, denied,
169 or has been cancelled or revoked by the division, or the licensee updates the information or
170 photograph on the license certificate.
171 (9) (a) In addition to the information required by Title 63, Chapter 46b, Administrative
172 Procedures Act, for requests for agency action, each application shall:
173 (i) state the full legal name, birth date, sex, Social Security number or temporary
174 identification number (ITIN) issued by the Internal Revenue Service for a person who does not
175 qualify for a Social Security number, and residence address of the applicant;
176 (ii) briefly describe the applicant;
177 (iii) state whether the applicant has previously been licensed to drive a motor vehicle and,
178 if so, when and by what state or country;
179 (iv) state whether the applicant has ever had any license suspended, cancelled, revoked,
180 disqualified, or denied in the last six years, or whether the applicant has ever had any license

181 application refused, and if so, the date of and reason for the suspension, cancellation, revocation,
182 disqualification, denial, or refusal;
183 (v) state whether the applicant intends to make an anatomical gift under Title 26, Chapter
184 28, Uniform Anatomical Gift Act, in compliance with Subsection (16);
185 [(v)] (vi) provide all other information the division requires; and
186 [(vi)] (vii) be signed.
187 (b) An applicant's Social Security number or temporary identification number (ITIN) shall
188 be maintained on the computerized records of the division.
189 (10) The division shall require proof of every applicant's name, birthdate, and birthplace
190 by at least one of the following means:
191 (a) current license certificate;
192 (b) birth certificate;
193 (c) Selective Service registration; or
194 (d) other proof, including church records, family Bible notations, school records, or other
195 evidence considered acceptable by the division.
196 (11) When an applicant receives a license in another class, all previous license certificates
197 shall be surrendered and canceled. However, a disqualified commercial license may not be
198 canceled unless it expires before the new license certificate is issued.
199 (12) (a) When an application is received from a person previously licensed in another state
200 to drive a motor vehicle, the division shall request a copy of the driver's record from the other state.
201 (b) When received, the driver's record becomes part of the driver's record in this state with
202 the same effect as though entered originally on the driver's record in this state.
203 (13) An application for reinstatement of a license after the suspension, cancellation,
204 disqualification, denial, or revocation of a previous license shall be accompanied by the additional
205 fee or fees specified in Section 53-3-105 .
206 (14) A person who has an appointment with the division for testing and fails to keep the
207 appointment or to cancel at least 48 hours in advance of the appointment shall pay the fee under
208 Section 53-3-105 .
209 (15) A person who applies for an original license or renewal of a license agrees that the
210 person's license is subject to any suspension or revocation authorized under this title or Title 41,
211 Motor Vehicles.

212 (16) (a) The indication of intent under Subsection (9)(a)(v) shall be authenticated by the
213 licensee in accordance with division rule.
214 (b) (i) Notwithstanding Title 63, Chapter 2, Government Records Access and Management
215 Act, the division may, upon request, release to an organ procurement organization, as defined in
216 Section 26-28-2 , the names and addresses of all persons who under Subsection (9)(a)(v) indicate
217 that they intend to make an anatomical gift.
218 (ii) An organ procurement organization may use released information only to:
219 (A) obtain additional information for an anatomical gift registry; and
220 (B) inform licensees of anatomical gift options, procedures, and benefits.
221 (17) The division and its employees are not liable, as a result of false or inaccurate
222 information provided under Subsection (9)(a)(v), for direct or indirect:
223 (a) loss;
224 (b) detriment; or
225 (c) injury.
226 Section 4. Section 53-3-207 is amended to read:
227 53-3-207. License certificates issued to drivers by class of motor vehicle -- Contents
228 -- Release of anatomical gift information -- Temporary licenses -- Minors' licenses and
229 permits -- Violation.
230 (1) (a) The division shall issue to every person privileged to drive a motor vehicle, a
231 license certificate indicating the type or class of motor vehicle the licensee may drive.
232 (b) A person may not drive a class of motor vehicle unless licensed in that class.
233 (2) (a) Every license certificate shall bear:
234 (i) the distinguishing number assigned to the licensee by the division;
235 (ii) the name, birth date, and residence address of the licensee;
236 (iii) a brief description of the licensee for the purpose of identification;
237 (iv) any restrictions imposed on the license under Section 53-3-208 ;
238 (v) a photograph of the licensee; [and]
239 (vi) a photograph or other facsimile of the licensee's signature[.]; and
240 (vii) an indication whether the licensee intends to make an anatomical gift under Title 26,
241 Chapter 28, Uniform Anatomical Gift Act, unless the license is extended under Subsection
242 53-3-214 (3).

243 (b) A new license certificate issued by the division may bear the social security number of
244 the licensee only at the request of the licensee.
245 (c) (i) The license certificate shall be of an impervious material, resistant to wear, damage,
246 and alteration.
247 (ii) The size, form, and color of the license certificate shall be as prescribed by the
248 commissioner.
249 (iii) The commissioner may also prescribe the issuance of a special type of limited license
250 certificate under Subsection 53-3-220 (4) and may authorize the issuance of a renewed or duplicate
251 license certificate without a picture if the applicant is not then living in the state.
252 [(3) (a) (i) When a license is granted or renewed, the division shall, upon request of the
253 licensee, provide a method of identification on the license certificate, which indicates the licensee's
254 intent to make an anatomical gift under Title 26, Chapter 28, Uniform Anatomical Gift Act.]
255 [(ii) The statement shall be signed in the presence of at least one witness, who shall sign
256 the statement in the presence of the licensee.]
257 [(b) The division or any of its employees are not liable for any loss, detriment, or injury,
258 directly or indirectly, which results from false or inaccurate information regarding the anatomical
259 gift notification.]
260 [(4)] (3) (a) (i) The division upon determining after an examination that an applicant is
261 mentally and physically qualified to be granted a license may issue to an applicant a receipt for the
262 fee.
263 (ii) The receipt serves as a temporary license certificate allowing him to drive a motor
264 vehicle while the division is completing its investigation to determine whether he is entitled to be
265 licensed.
266 (b) The receipt shall be in his immediate possession while driving a motor vehicle, and it
267 is invalid when the applicant's license certificate has been issued or when, for good cause, the
268 privilege has been refused.
269 (c) The division shall indicate on the receipt a date after which it is not valid as a license
270 certificate.
271 [(5)] (4) The division shall distinguish learner permits, temporary permits, and license
272 certificates issued to any person younger than 21 years of age by use of the plainly printed word
273 "minor" or "under 21" or the use of a special color not used for other license certificates.

274 [(6)] (5) The division shall issue temporary license certificates of the same nature, except
275 as to duration, as the license certificates that they temporarily replace, as are necessary to
276 implement applicable provisions of Section 53-3-223 .
277 [(7)] (6) A person who violates Subsection (1)(b) is guilty of a class C misdemeanor.
278 Section 5. Section 53-3-804 is amended to read:
279 53-3-804. Application for identification card -- Required information -- Release of
280 anatomical gift information.
281 (1) To apply for an identification card, the applicant shall appear in person at any license
282 examining station.
283 (2) The applicant shall provide the following information to the division:
284 (a) true and full legal name and address;
285 (b) date of birth as set forth in a certified copy of the applicant's birth certificate, or other
286 satisfactory evidence of birth, which shall be attached to the application;
287 (c) Social Security number or temporary identification number (ITIN) issued by the
288 Internal Revenue Service for a person who does not qualify for a Social Security number;
289 (d) place of birth;
290 (e) height and weight;
291 (f) color of eyes and hair;
292 (g) signature;
293 (h) photograph; and
294 (i) [organ donor indication, if desired] an indication whether the applicant intends to make
295 an anatomical gift under Title 26, Chapter 28, Uniform Anatomical Gift Act.
296 Section 6. Section 53-3-805 is amended to read:
297 53-3-805. Identification card -- Contents -- Specifications.
298 (1) The division shall issue an identification card that:
299 (a) provides all the information contained in the application, other than the applicant's:
300 (i) Social Security number, except as provided in Subsection (3); and
301 (ii) place of birth;
302 (b) contains a photograph of the applicant; and
303 (c) contains a facsimile of the applicant's signature.
304 (2) (a) The card shall be of an impervious material, resistant to wear, damage, and

305 alteration.
306 (b) The size, form, and color of the card is prescribed by the commissioner.
307 (3) At the applicant's request, the card may include any of the following:
308 (a) a statement that the applicant has a special medical problem or allergies to certain
309 drugs, for the purpose of medical treatment; and
310 (b) the applicant's Social Security number.
311 [(4) The card may also indicate the applicant's intent to make an anatomical gift, under the
312 same procedure as provided for an operator license under Section 53-3-207 .]
313 (4) (a) The indication of intent under Subsection 53-3-804 (2)(i) shall be authenticated by
314 the applicant in accordance with division rule.
315 (b) (i) Notwithstanding Title 63, Chapter 2, Government Records Access and Management
316 Act, the division may, upon request, release to an organ procurement organization, as defined in
317 Section 26-28-2 , the names and addresses of all persons who under Subsection 53-3-804 (2)(i)
318 indicate that they intend to make an anatomical gift.
319 (ii) An organ procurement organization may use released information only to:
320 (A) obtain additional information for an anatomical gift registry; and
321 (B) inform applicants of anatomical gift options, procedures, and benefits.
322 (5) The division and its employees are not liable, as a result of false or inaccurate
323 information provided under Subsection 53-3-804 (2)(i), for direct or indirect:
324 (a) loss;
325 (b) detriment; or
326 (c) injury.
327 Section 7. Effective date.
328 This act takes effect on July 1, 2001.