Chief Sponsor: Gage Froerer

Senate Sponsor: Luz Escamilla


8     General Description:
9          This bill amends provisions of the Revised Uniform Anatomical Gift Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     expands the list of persons who may make an anatomical gift of a decedent's body
13     or part; and
14          ▸     changes provisions providing limited immunity to a person who acts in accordance
15     with the Revised Uniform Anatomical Gift Act.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          26-28-109, as enacted by Laws of Utah 2007, Chapter 60
23          26-28-118, as enacted by Laws of Utah 2007, Chapter 60

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 26-28-109 is amended to read:
27          26-28-109. Who may make anatomical gift of decedent's body or part.
28          (1) Subject to Subsections (2) and (3) and unless barred by Section 26-28-107 or
29     26-28-108, an anatomical gift of a decedent's body or part for purpose of transplantation,

30     therapy, research, or education may be made by any member of the following classes of
31     persons who is reasonably available, in the order of priority listed:
32          (a) an agent of the decedent at the time of death who could have made an anatomical
33     gift under Subsection 26-28-104(2) immediately before the decedent's death;
34          (b) the spouse of the decedent;
35          (c) adult children of the decedent;
36          (d) parents of the decedent;
37          (e) adult siblings of the decedent;
38          (f) adult grandchildren of the decedent;
39          (g) grandparents of the decedent;
40          (h) the persons who were acting as the guardians of the person of the decedent at the
41     time of death; [and]
42          (i) an adult who exhibited special care and concern for the decedent; and
43          [(i)] (j) any other person having the authority to dispose of the decedent's body.
44          (2) If there is more than one member of a class listed in Subsection (1)(a), (c), (d), (e),
45     (f), (g), or [(i)] (j) entitled to make an anatomical gift, an anatomical gift may be made by a
46     member of the class unless that member or a person to which the gift may pass under Section
47     26-28-111 knows of an objection by another member of the class. If an objection is known, the
48     gift may be made only by a majority of the members of the class who are reasonably available.
49          (3) A person may not make an anatomical gift if, at the time of the decedent's death, a
50     person in a prior class under Subsection (1) is reasonably available to make or to object to the
51     making of an anatomical gift.
52          Section 2. Section 26-28-118 is amended to read:
53          26-28-118. Immunity.
54          (1) A person that acts in accordance with this chapter or with the applicable anatomical
55     gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil
56     action, criminal prosecution, or administrative proceeding.
57          (2) Neither the person making an anatomical gift nor the donor's estate is liable for any

58     injury or damage that results from the making or use of the gift.
59          (3) In determining whether an anatomical gift has been made, amended, or revoked
60     under this chapter, a person may rely upon representations of an individual listed in Subsection
61     26-28-109(1)(b), (c), (d), (e), (f), (g), [or (i)] (h), (i), or (j) relating to the individual's
62     relationship to the donor or prospective donor unless the person knows that the representation
63     is untrue.