TITLE 23

Health and Safety

CHAPTER 23-18.6.1

Revised Uniform Anatomical Gift Act

SECTION 23-18.6.1-9



   § 23-18.6.1-9  Who may make anatomical gift

of decedent's body or part. –

(a) Subject to subsections (b) and (c) and unless barred by this chapter, 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:



   (1) An agent of the decedent at the time of death who could

have made an anatomical gift pursuant to this chapter immediately before the

decedent's death;



   (2) The spouse of the decedent or the certified domestic

partner of the decedent as defined in subsections 36-12-1(3) and 45-19-4.3(b)

or any other provision of state law;



   (3) Adult children of the decedent;



   (4) Parents of the decedent;



   (5) Adult siblings of the decedent;



   (6) Adult grandchildren of the decedent;



   (7) Grandparents of the decedent;



   (8) An adult who exhibited special care and concern for the

decedent, who is familiar with the decedent's personal values, and who had

maintained regular contact with the decedent prior to his or her death;

provided, however, it shall not include any medical personnel caring for the

decedent at the time of or immediately leading up to the decedent's death; and



   (9) The persons who were acting as the guardians of the

person of the decedent at the time of death.



   (b) If there is more than one member of a class listed in the

previous subsection which is 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 the provisions of this chapter 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.



   (c) 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 (a) is

reasonably available to make or to object to the making of an anatomical gift.



History of Section.

(P.L. 2007, ch. 476, § 2.)