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S1017aa..............................................by JUDICIARY AND RULES
ANATOMICAL GIFT ACT - Repeals and adds to existing law relating to
anatomical gifts to set forth provisions for the Revised Uniform Anatomical
Gift Act.
01/16 Senate intro - 1st rdg - to printing
01/17 Rpt prt - to Jud
01/25 Rpt out - to 14th Ord
01/31 Rpt out amen - to engros
02/01 Rpt engros - 1st rdg - to 2nd rdg as amen
02/02 2nd rdg - to 3rd rdg as amen
02/05 3rd rdg as amen - PASSED - 32-0-3
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hammond, Heinrich, Hill, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson,
Schroeder, Stegner, Stennett
NAYS -- None
Absent and excused -- Jorgenson, Siddoway, Werk
Floor Sponsor - Davis
Title apvd - to House
02/06 House intro - 1st rdg - to Health/Wel
02/13 Rpt out - rec d/p - to 2nd rdg
02/14 2nd rdg - to 3rd rdg
02/16 3rd rdg - PASSED - 68-0-2
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Harwood, Henbest,
Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour,
Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring,
Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2),
Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr.
Speaker
NAYS -- None
Absent and excused -- Block, Edmunson
Floor Sponsor - Henbest
Title apvd - to Senate
02/19 To enrol
02/20 Rpt enrol - Pres signed
02/21 Sp signed
02/22 To Governor
02/23 Governor signed
Session Law Chapter 30
Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1017
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO ANATOMICAL GIFTS; REPEALING CHAPTER 34, TITLE 39, IDAHO CODE,
3 RELATING TO THE IDAHO ANATOMICAL GIFT ACT; AND AMENDING TITLE 39, IDAHO
4 CODE, BY THE ADDITION OF A NEW CHAPTER 34, TITLE 39, IDAHO CODE, TO SET
5 FORTH THE REVISED UNIFORM ANATOMICAL GIFT ACT, TO PROVIDE A SHORT TITLE,
6 TO DEFINE TERMS, TO PROVIDE APPLICABILITY, TO SET FORTH WHO MAY MAKE AN
7 ANATOMICAL GIFT BEFORE A DONOR'S DEATH, TO PROVIDE FOR THE MANNER OF MAK-
8 ING AN ANATOMICAL GIFT BEFORE A DONOR'S DEATH, TO PROVIDE FOR AMENDING OR
9 REVOKING AN ANATOMICAL GIFT BEFORE A DONOR'S DEATH, TO PROVIDE FOR REFUSAL
10 TO MAKE AN ANATOMICAL GIFT AND THE EFFECT OF SUCH REFUSAL, TO PROVIDE FOR
11 PRECLUSIVE EFFECT OF ANATOMICAL GIFT, AMENDMENT OR REVOCATION, TO SET
12 FORTH WHO MAY MAKE AN ANATOMICAL GIFT OF A DECEDENT'S BODY OR PART, TO SET
13 FORTH THE MANNER OF MAKING, AMENDING OR REVOKING AN ANATOMICAL GIFT OF A
14 DECEDENT'S BODY OR PART, TO SET FORTH REQUIREMENTS FOR INFORMED CONSENT,
15 TO SET FORTH PERSONS THAT MAY RECEIVE AN ANATOMICAL GIFT AND THE PURPOSE
16 OF SUCH GIFT, TO REQUIRE SEARCH AND NOTIFICATION, TO PROVIDE THAT THE
17 DELIVERY OF A DOCUMENT OF GIFT IS NOT REQUIRED, TO PROVIDE FOR THE RIGHT
18 TO EXAMINE A DOCUMENT OF GIFT OR REFUSAL, TO SET FORTH RIGHTS AND DUTIES
19 OF PROCUREMENT ORGANIZATIONS AND OTHERS, TO PROVIDE FOR COORDINATION OF
20 PROCUREMENT AND USE, TO PROHIBIT THE SALE OR PURCHASE OF PARTS, TO PRO-
21 HIBIT OTHER ACTS, TO PROVIDE IMMUNITY, TO PROVIDE FOR LAW GOVERNING VALID-
22 ITY OF A DOCUMENT OF GIFT, TO PROVIDE FOR CHOICE OF LAW, TO PROVIDE PRE-
23 SUMPTION OF VALIDITY, TO PROVIDE FOR A DONOR REGISTRY, TO SET FORTH THE
24 EFFECT OF AN ANATOMICAL GIFT ON AN ADVANCE HEALTH CARE DIRECTIVE, TO
25 REQUIRE COOPERATION BETWEEN THE CORONER AND PROCUREMENT ORGANIZATION, TO
26 PROVIDE FOR THE FACILITATION OF AN ANATOMICAL GIFT FROM A DECEDENT WHOSE
27 BODY IS UNDER THE JURISDICTION OF THE CORONER, TO PROVIDE FOR UNIFORMITY
28 OF APPLICATION AND CONSTRUCTION AND TO PROVIDE FOR RELATION TO THE ELEC-
29 TRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.
30 Be It Enacted by the Legislature of the State of Idaho:
31 SECTION 1. That Chapter 34, Title 39, Idaho Code, be, and the same is
32 hereby repealed.
33 SECTION 2. That Title 39, Idaho Code, be, and the same is hereby amended
34 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
35 ter 34, Title 39, Idaho Code, and to read as follows:
36 CHAPTER 34
37 REVISED UNIFORM ANATOMICAL GIFT ACT
38 39-3401. SHORT TITLE. This chapter shall be known and may be cited as the
39 "Revised Uniform Anatomical Gift Act."
40 39-3402. DEFINITIONS. In this chapter:
2
1 (1) "Adult" means an individual who is at least eighteen (18) years of
2 age.
3 (2) "Agent" means an individual:
4 (a) Authorized to make health care decisions on the principal's behalf by
5 a power of attorney for health care; or
6 (b) Expressly authorized to make an anatomical gift on the principal's
7 behalf by any other record signed by the principal.
8 (3) "Anatomical gift" means a donation of all or part of a human body to
9 take effect after the donor's death for the purpose of transplantation, ther-
10 apy, research or education.
11 (4) "Decedent" means a deceased individual whose body or part is or may
12 be the source of an anatomical gift. The term includes a stillborn infant and,
13 subject to restrictions imposed by law other than this chapter, a fetus.
14 (5) "Disinterested witness" means a witness other than the spouse, child,
15 parent, sibling, grandchild, grandparent or guardian of the individual who
16 makes, amends, revokes or refuses to make an anatomical gift, or another adult
17 who exhibited special care and concern for the individual. The term does not
18 include a person to which an anatomical gift could pass under section 39-3412,
19 Idaho Code.
20 (6) "Document of gift" means a donor card or other record used to make an
21 anatomical gift. The term includes a statement or symbol on a driver's
22 license, identification card or donor registry.
23 (7) "Donor" means an individual whose body or part is the subject of an
24 anatomical gift.
25 (8) "Donor registry" means a database that contains records of anatomical
26 gifts and amendments to or revocations of anatomical gifts.
27 (9) "Driver's license" means a license or permit issued by the Idaho
28 transportation department to operate a vehicle, whether or not conditions are
29 attached to the license or permit.
30 (10) "Eye bank" means a person that is licensed, accredited, or regulated
31 under federal or state law to engage in the recovery, screening, testing,
32 processing, storage or distribution of human eyes or portions of human eyes.
33 (11) "Guardian" means a person appointed by a court to make decisions
34 regarding the support, care, education, health or welfare of an individual.
35 The term does not include a guardian ad litem.
36 (12) "Hospital" means a facility licensed as a hospital under the law of
37 any state or a facility operated as a hospital by the United States, a state,
38 or a subdivision of a state.
39 (13) "Identification card" means an identification card issued by the
40 Idaho transportation department.
41 (14) "Know" means to have actual knowledge.
42 (15) "Minor" means an individual who is under eighteen (18) years of age.
43 (16) "Organ procurement organization" means a person designated by the
44 secretary of the United States department of health and human services as an
45 organ procurement organization.
46 (17) "Parent" means a parent whose parental rights have not been termi-
47 nated.
48 (18) "Part" means an organ, an eye, or tissue of a human being. The term
49 does not include the whole body.
50 (19) "Person" means an individual, corporation, business trust, estate,
51 trust, partnership, limited liability company, association, joint venture,
52 public corporation, government or governmental subdivision, agency or instru-
53 mentality, or any other legal or commercial entity.
54 (20) "Physician" means an individual authorized to practice medicine or
55 osteopathy under the law of any state.
3
1 (21) "Procurement organization" means an eye bank, organ procurement orga-
2 nization, or tissue bank.
3 (22) "Prospective donor" means an individual who is dead or near death and
4 who has been determined by a procurement organization to have a part that
5 could be medically suitable for transplantation, therapy, research or educa-
6 tion. The term does not include an individual who has made a refusal.
7 (23) "Reasonably available" means able to be contacted by a procurement
8 organization without undue effort and willing and able to act in a timely man-
9 ner consistent with existing medical criteria necessary for the making of an
10 anatomical gift.
11 (24) "Recipient" means an individual into whose body a decedent's part has
12 been or is intended to be transplanted.
13 (25) "Record" means information that is inscribed on a tangible medium or
14 that is stored in an electronic or other medium and is retrievable in
15 perceivable form.
16 (26) "Refusal" means a record created under section 39-3407, Idaho Code,
17 that expressly states an intent to bar other persons from making an anatomical
18 gift of an individual's body or part.
19 (27) "Sign" means, with the present intent to authenticate or adopt a
20 record:
21 (a) To execute or adopt a tangible symbol; or
22 (b) To attach to or logically associate with the record an electronic
23 symbol, sound or process.
24 (28) "State" means a state of the United States, the District of Columbia,
25 Puerto Rico, the United States Virgin Islands, or any territory or insular
26 possession subject to the jurisdiction of the United States.
27 (29) "Technician" means an individual determined to be qualified to remove
28 or process parts by an appropriate organization that is licensed, accredited
29 or regulated under federal or state law. The term includes an enucleator.
30 (30) "Tissue" means a portion of the human body other than an organ or an
31 eye. The term does not include blood unless the blood is donated for the pur-
32 pose of research or education.
33 (31) "Tissue bank" means a person that is licensed, accredited, or regu-
34 lated under federal or state law to engage in the recovery, screening, test-
35 ing, processing, storage or distribution of tissue.
36 (32) "Transplant hospital" means a hospital that furnishes organ trans-
37 plants and other medical and surgical specialty services required for the care
38 of transplant patients.
39 39-3403. APPLICABILITY. This chapter applies to an anatomical gift or
40 amendment to, revocation of, or refusal to make an anatomical gift, whenever
41 made.
42 39-3404. WHO MAY MAKE ANATOMICAL GIFT BEFORE DONOR'S DEATH. Subject to
43 section 39-3408, Idaho Code, an anatomical gift of a donor's body or part may
44 be made during the life of the donor for the purpose of transplantation, ther-
45 apy, research or education in the manner provided in section 39-3405, Idaho
46 Code, by:
47 (1) The donor, if the donor is an adult or if the donor is a minor and
48 is:
49 (a) Emancipated; or
50 (b) At least sixteen (16) years of age, provided however, that if the
51 donor is sixteen (16) years of age or older and less than eighteen (18)
52 years of age, a parent or an adult guardian must consent in writing in the
53 presence of the donor.
4
1 (2) An agent of the donor, unless the power of attorney for health care
2 or other record prohibits the agent from making an anatomical gift;
3 (3) A parent of the donor, if the donor is an unemancipated minor; or
4 (4) The donor's guardian.
5 39-3405. MANNER OF MAKING ANATOMICAL GIFT BEFORE DONOR'S DEATH. (1) A
6 donor may make an anatomical gift:
7 (a) By authorizing a statement or symbol indicating that the donor has
8 made an anatomical gift to be imprinted on the donor's driver's license or
9 identification card;
10 (b) In a will;
11 (c) During a terminal illness or injury of the donor, by any form of com-
12 munication addressed to at least two (2) adults, at least one (1) of whom
13 is a disinterested witness; or
14 (d) As provided in subsection (2) of this section.
15 (2) A donor or other person authorized to make an anatomical gift under
16 section 39-3404, Idaho Code, may make a gift by a donor card or other record
17 signed by the donor or other person making the gift or by authorizing that a
18 statement or symbol indicating that the donor has made an anatomical gift be
19 included on a donor registry. If the donor or other person is physically
20 unable to sign a record, the record may be signed by another individual at the
21 direction of the donor or other person and must:
22 (a) Be witnessed by at least two (2) adults, at least one (1) of whom is
23 a disinterested witness, who have signed at the request of the donor or
24 the other person; and
25 (b) State that it has been signed and witnessed as provided in paragraph
26 (a) of this subsection.
27 (3) Revocation, suspension, expiration or cancellation of a driver's
28 license or identification card upon which an anatomical gift is indicated does
29 not invalidate the gift.
30 (4) An anatomical gift made by will takes effect upon the donor's death
31 whether or not the will is probated. Invalidation of the will after the
32 donor's death does not invalidate the gift.
33 39-3406. AMENDING OR REVOKING ANATOMICAL GIFT BEFORE DONOR'S DEATH. (1)
34 Subject to section 39-3408, Idaho Code, a donor or other person authorized to
35 make an anatomical gift under section 39-3404, Idaho Code, may amend or revoke
36 an anatomical gift by:
37 (a) A record signed by:
38 (i) The donor;
39 (ii) The other person; or
40 (iii) Subject to subsection (2) of this section, another individual
41 acting at the direction of the donor or the other person if the donor
42 or other person is physically unable to sign; or
43 (b) A later-executed document of gift that amends or revokes a previous
44 anatomical gift or portion of an anatomical gift, either expressly or by
45 inconsistency.
46 (2) A record signed pursuant to subsection (1)(a)(iii) of this section
47 must:
48 (a) Be witnessed by at least two (2) adults, at least one (1) of whom is
49 a disinterested witness, who have signed at the request of the donor or
50 the other person; and
51 (b) State that it has been signed and witnessed as provided in paragraph
52 (a) of this subsection.
53 (3) Subject to section 39-3408, Idaho Code, a donor or other person
5
1 authorized to make an anatomical gift under section 39-3404, Idaho Code, may
2 revoke an anatomical gift by the destruction or cancellation of the document
3 of gift, or the portion of the document of gift used to make the gift, with
4 the intent to revoke the gift.
5 (4) A donor may amend or revoke an anatomical gift that was not made in a
6 will by any form of communication during a terminal illness or injury
7 addressed to at least two (2) adults, at least one (1) of whom is a disinter-
8 ested witness.
9 (5) A donor who makes an anatomical gift in a will may amend or revoke
10 the gift in the manner provided for amendment or revocation of wills or as
11 provided in subsection (1) of this section.
12 39-3407. REFUSAL TO MAKE ANATOMICAL GIFT -- EFFECT OF REFUSAL. (1) An
13 individual may refuse to make an anatomical gift of the individual's body or
14 part by:
15 (a) A record signed by:
16 (i) The individual; or
17 (ii) Subject to subsection (2) of this section, another individual
18 acting at the direction of the individual if the individual is physi-
19 cally unable to sign;
20 (b) The individual's will, whether or not the will is admitted to probate
21 or invalidated after the individual's death; or
22 (c) Any form of communication made by the individual during the
23 individual's terminal illness or injury addressed to at least two (2)
24 adults, at least one (1) of whom is a disinterested witness.
25 (2) A record signed pursuant to subsection (1)(a)(ii) of this section
26 must:
27 (a) Be witnessed by at least two (2) adults, at least one (1) of whom is
28 a disinterested witness, who have signed at the request of the individual;
29 and
30 (b) State that it has been signed and witnessed as provided in paragraph
31 (a) of this subsection.
32 (3) An individual who has made a refusal may amend or revoke the refusal:
33 (a) In the manner provided in subsection (1) of this section for making a
34 refusal;
35 (b) By subsequently making an anatomical gift pursuant to section
36 39-3405, Idaho Code, that is inconsistent with the refusal; or
37 (c) By destroying or canceling the record evidencing the refusal, or the
38 portion of the record used to make the refusal, with the intent to revoke
39 the refusal.
40 (4) Except as otherwise provided in section 39-3408(8), Idaho Code, in
41 the absence of an express, contrary indication by the individual set forth in
42 the refusal, an individual's unrevoked refusal to make an anatomical gift of
43 the individual's body or part bars all other persons from making an anatomical
44 gift of the individual's body or part.
45 39-3408. PRECLUSIVE EFFECT OF ANATOMICAL GIFT, AMENDMENT OR REVOCATION.
46 (1) Except as otherwise provided in subsection (7) of this section and subject
47 to subsection (6) of this section, in the absence of an express, contrary
48 indication by the donor, a person other than the donor is barred from making,
49 amending or revoking an anatomical gift of a donor's body or part if the donor
50 made an anatomical gift of the donor's body or part under section 39-3405,
51 Idaho Code, or an amendment to an anatomical gift of the donor's body or part
52 under section 39-3406, Idaho Code.
53 (2) A donor's revocation of an anatomical gift of the donor's body or
6
1 part under section 39-3406, Idaho Code, is not a refusal and does not bar
2 another person specified in section 39-3404 or 39-3409, Idaho Code, from mak-
3 ing an anatomical gift of the donor's body or part under section 39-3405 or
4 39-3410, Idaho Code.
5 (3) If a person other than the donor makes an unrevoked anatomical gift
6 of the donor's body or part under section 39-3405, Idaho Code, or an amendment
7 to an anatomical gift of the donor's body or part under section 39-3406, Idaho
8 Code, another person may not make, amend or revoke the gift of the donor's
9 body or part under section 39-3410, Idaho Code.
10 (4) A revocation of an anatomical gift of a donor's body or part under
11 section 39-3406, Idaho Code, by a person other than the donor does not bar
12 another person from making an anatomical gift of the body or part under sec-
13 tion 39-3405 or 39-3410, Idaho Code.
14 (5) In the absence of an express, contrary indication by the donor or
15 other person authorized to make an anatomical gift under section 39-3404,
16 Idaho Code, an anatomical gift of a part is neither a refusal to give another
17 part nor a limitation on the making of an anatomical gift of another part at a
18 later time by the donor or another person.
19 (6) In the absence of an express, contrary indication by the donor or
20 other person authorized to make an anatomical gift under section 39-3404,
21 Idaho Code, an anatomical gift of a part for one (1) or more of the purposes
22 set forth in section 39-3404, Idaho Code, is not a limitation on the making of
23 an anatomical gift of the part for any of the other purposes by the donor or
24 any other person under section 39-3405 or 39-3410, Idaho Code.
25 (7) If a donor who is an unemancipated minor dies, a parent of the donor
26 who is reasonably available may revoke or amend an anatomical gift of the
27 donor's body or part.
28 (8) If an unemancipated minor who signed a refusal dies, a parent of the
29 minor who is reasonably available may revoke the minor's refusal.
30 39-3409. WHO MAY MAKE ANATOMICAL GIFT OF DECEDENT'S BODY OR PART. (1)
31 Subject to subsections (2) and (3) of this section and unless barred by sec-
32 tion 39-3407 or 39-3408, Idaho Code, an anatomical gift of a decedent's body
33 or part for purpose of transplantation, therapy, research or education may be
34 made by any member of the following classes of persons who is reasonably
35 available, in the order of priority listed:
36 (a) An agent of the decedent at the time of death who could have made an
37 anatomical gift under section 39-3404(2), Idaho Code, immediately before
38 the decedent's death;
39 (b) The spouse of the decedent;
40 (c) Adult children of the decedent;
41 (d) Parents of the decedent;
42 (e) Adult siblings of the decedent;
43 (f) Adult grandchildren of the decedent;
44 (g) Grandparents of the decedent;
45 (h) An adult who exhibited special care and concern for the decedent;
46 (i) The persons who were acting as the guardians of the person of the
47 decedent at the time of death; and
48 (j) Any other person having the authority to dispose of the decedent's
49 body.
50 (2) If there is more than one (1) member of a class listed in subsection
51 (1)(a), (c), (d), (e), (f), (g) or (i) of this section entitled to make an
52 anatomical gift, an anatomical gift may be made by a member of the class
53 unless that member or a person to which the gift may pass under section
54 39-3412, Idaho Code, knows of an objection by another member of the class. If
7
1 an objection is known, the gift may be made only by a majority of the members
2 of the class who are reasonably available.
3 (3) A person may not make an anatomical gift if, at the time of the
4 decedent's death, a person in a prior class under subsection (1) of this sec-
5 tion is reasonably available to make or to object to the making of an anatomi-
6 cal gift.
7 39-3410. MANNER OF MAKING, AMENDING OR REVOKING ANATOMICAL GIFT OF
8 DECEDENT'S BODY OR PART. (1) A person authorized to make an anatomical gift
9 under section 39-3409, Idaho Code, may make an anatomical gift by a document
10 of gift signed by the person making the gift or by that person's oral communi-
11 cation that is electronically recorded or is contemporaneously reduced to a
12 record and signed by the individual receiving the oral communication.
13 (2) Subject to subsection (3) of this section, an anatomical gift by a
14 person authorized under section 39-3409, Idaho Code, may be amended or revoked
15 orally or in a record by any member of a prior class who is reasonably avail-
16 able. If more than one (1) member of the prior class is reasonably available,
17 the gift made by a person authorized under section 39-3409, Idaho Code, may
18 be:
19 (a) Amended only if a majority of the reasonably available members agree
20 to the amending of the gift; or
21 (b) Revoked only if a majority of the reasonably available members agree
22 to the revoking of the gift or if they are equally divided as to whether
23 to revoke the gift.
24 (3) A revocation under subsection (2) of this section is effective only
25 if, before an incision has been made to remove a part from the donor's body or
26 before invasive procedures have begun to prepare the recipient, the procure-
27 ment organization, transplant hospital, or physician or technician knows of
28 the revocation.
29 39-3411. REQUIREMENTS FOR INFORMED CONSENT. In the absence of a document
30 of gift or other evidence of an individual's intention to make or refuse to
31 make an anatomical gift, the following information shall be provided to any
32 person or persons, listed in section 39-3409, Idaho Code, approached for pur-
33 poses of obtaining informed consent:
34 (1) A confirmation of the donor's identity and his or her clinical termi-
35 nal condition;
36 (2) A general description of the purposes of anatomical gift donation;
37 (3) Identification of specific organs and/or tissues, including cells,
38 that are being requested for donation, provided that subsequent information on
39 the specific gifts recovered shall be supplied;
40 (4) An explanation that the retrieved organs and/or tissues may be used
41 for transplantation, therapy, medical research or educational purposes;
42 (5) A general description of the recovery process including, but not lim-
43 ited to, timing, relocation of the donor if applicable, and contact informa-
44 tion;
45 (6) An explanation that laboratory tests and a medical and/or social his-
46 tory will be completed to determine the medical suitability of the donor and
47 that blood samples from the donor will be tested for certain transmissible
48 diseases, including testing for HIV antibodies or antigens;
49 (7) An explanation that the spleen, lymph nodes and blood may be removed,
50 and cultures may be performed, for the purpose of determining donor suitabil-
51 ity and donor and recipient capability;
52 (8) A statement granting access to the donor's medical records and pro-
53 viding that the medical records may be released to other appropriate parties;
8
1 (9) An explanation that costs directly related to the evaluation, recov-
2 ery, preservation and placement of the organs and/or tissues will not be
3 charged to the family members of the donor;
4 (10) An explanation of the impact the donation process may have on burial
5 arrangements and on the appearance of the donor's body; and
6 (11) A statement that tissues or parts may be retrieved and/or used by
7 for-profit procurement entities.
8 39-3412. PERSONS THAT MAY RECEIVE ANATOMICAL GIFT -- PURPOSE OF ANATOMI-
9 CAL GIFT. (1) An anatomical gift may be made to the following persons named in
10 the document of gift:
11 (a) A hospital; accredited medical school, dental school, college, or
12 university; organ procurement organization; or other appropriate person,
13 for research or education;
14 (b) Subject to subsection (2) of this section, an individual designated
15 by the person making the anatomical gift if the individual is the recipi-
16 ent of the part;
17 (c) An eye bank or tissue bank.
18 (2) If an anatomical gift to an individual under subsection (1)(b) of
19 this section cannot be transplanted into the individual, the part passes in
20 accordance with subsection (7) of this section in the absence of an express,
21 contrary indication by the person making the anatomical gift.
22 (3) If an anatomical gift of one (1) or more specific parts or of all
23 parts is made in a document of gift that does not name a person described in
24 subsection (1) of this section but identifies the purpose for which an anatom-
25 ical gift may be used, the following rules apply:
26 (a) If the part is an eye and the gift is for the purpose of transplanta-
27 tion or therapy, the gift passes to the appropriate eye bank.
28 (b) If the part is tissue and the gift is for the purpose of transplanta-
29 tion or therapy, the gift passes to the appropriate tissue bank.
30 (c) If the part is an organ and the gift is for the purpose of transplan-
31 tation or therapy, the gift passes to the appropriate organ procurement
32 organization as custodian of the organ.
33 (d) If the part is an organ, an eye, or tissue and the gift is for the
34 purpose of research or education, the gift passes to the appropriate pro-
35 curement organization.
36 (4) For the purpose of subsection (3) of this section, if there is more
37 than one (1) purpose of an anatomical gift set forth in the document of gift
38 but the purposes are not set forth in any priority, the gift must be used for
39 transplantation or therapy, if suitable. If the gift cannot be used for trans-
40 plantation or therapy, the gift may be used for research or education.
41 (5) If an anatomical gift of one (1) or more specific parts is made in a
42 document of gift that does not name a person described in subsection (1) of
43 this section and does not identify the purpose of the gift, the gift may be
44 used only for transplantation or therapy, and the gift passes in accordance
45 with subsection (7) of this section.
46 (6) If a document of gift specifies only a general intent to make an ana-
47 tomical gift by words such as "donor," "organ donor" or "body donor," or by a
48 symbol or statement of similar import, the gift may be used only for trans-
49 plantation or therapy, and the gift passes in accordance with subsection (7)
50 of this section.
51 (7) For purposes of subsections (2), (5) and (6) of this section, the
52 following rules apply:
53 (a) If the part is an eye, the gift passes to the appropriate eye bank.
54 (b) If the part is tissue, the gift passes to the appropriate tissue
9
1 bank.
2 (c) If the part is an organ, the gift passes to the appropriate organ
3 procurement organization as custodian of the organ.
4 (8) An anatomical gift of an organ for transplantation or therapy, other
5 than an anatomical gift under subsection (1)(b) of this section, passes to the
6 organ procurement organization as custodian of the organ.
7 (9) If an anatomical gift does not pass pursuant to subsections (1)
8 through (8) of this section or the decedent's body or part is not used for
9 transplantation, therapy, research or education, custody of the body or part
10 passes to the person under obligation to dispose of the body or part.
11 (10) A person may not accept an anatomical gift if the person knows that
12 the gift was not effectively made under section 39-3405 or 39-3410, Idaho
13 Code, or if the person knows that the decedent made a refusal under section
14 39-3407, Idaho Code, that was not revoked. For purposes of this subsection, if
15 a person knows that an anatomical gift was made on a document of gift, the
16 person is deemed to know of any amendment or revocation of the gift or any
17 refusal to make an anatomical gift on the same document of gift.
18 (11) Except as otherwise provided in subsection (1)(b) of this section,
19 nothing in this chapter affects the allocation of organs for transplantation
20 or therapy.
21 39-3413. SEARCH AND NOTIFICATION. (1) The following persons shall make a
22 reasonable search of an individual who the person reasonably believes is dead
23 or near death for a document of gift or other information identifying the
24 individual as a donor or as an individual who made a refusal:
25 (a) A law enforcement officer, firefighter, paramedic or other emergency
26 rescuer finding the individual; and
27 (b) If no other source of the information is immediately available, a
28 hospital, as soon as practical after the individual's arrival at the hos-
29 pital.
30 (2) If a document of gift or a refusal to make an anatomical gift is
31 located by the search required by subsection (1)(a) of this section and the
32 individual or deceased individual to whom it relates is taken to a hospital,
33 the person responsible for conducting the search shall send the document of
34 gift or refusal to the hospital.
35 (3) A person is not subject to criminal or civil liability for failing to
36 discharge the duties imposed by this section but may be subject to administra-
37 tive sanctions.
38 39-3414. DELIVERY OF DOCUMENT OF GIFT NOT REQUIRED -- RIGHT TO EXAMINE.
39 (1) A document of gift need not be delivered during the donor's lifetime to be
40 effective.
41 (2) Upon or after an individual's death, a person in possession of a doc-
42 ument of gift or a refusal to make an anatomical gift with respect to the
43 individual shall allow examination and copying of the document of gift or
44 refusal by a person authorized to make or object to the making of an anatomi-
45 cal gift with respect to the individual or by a person to which the gift could
46 pass under section 39-3412, Idaho Code.
47 39-3415. RIGHTS AND DUTIES OF PROCUREMENT ORGANIZATION AND OTHERS. (1)
48 When a hospital refers an individual at or near death to a procurement organi-
49 zation, the organization shall make a reasonable search of the records of the
50 Idaho transportation department and any donor registry that it knows exist for
51 the geographical area in which the individual resides to ascertain whether the
52 individual has made an anatomical gift.
10
1 (2) A procurement organization must be allowed reasonable access to
2 information in the records of the Idaho transportation department to ascertain
3 whether an individual at or near death is a donor.
4 (3) When a hospital refers an individual at or near death to a procure-
5 ment organization, the organization may conduct any reasonable examination
6 necessary to ensure the medical suitability of a part that is or could be the
7 subject of an anatomical gift for transplantation, therapy, research or educa-
8 tion from a donor or a prospective donor. During the examination period, mea-
9 sures necessary to ensure the medical suitability of the part may not be with-
10 drawn unless the hospital or procurement organization knows that the individ-
11 ual expressed a contrary intent.
12 (4) Unless prohibited by law other than this chapter, at any time after a
13 donor's death, the person to which a part passes under section 39-3412, Idaho
14 Code, may conduct any reasonable examination necessary to ensure the medical
15 suitability of the body or part for its intended purpose.
16 (5) Unless prohibited by law other than this chapter, an examination
17 under subsection (3) or (4) of this section may include an examination of all
18 medical and dental records of the donor or prospective donor.
19 (6) Upon the death of a minor who was a donor or who had signed a
20 refusal, unless a procurement organization knows the minor is emancipated, the
21 procurement organization shall conduct a reasonable search for the parents of
22 the minor and provide the parents with an opportunity to revoke or amend the
23 anatomical gift or revoke the refusal.
24 (7) Upon referral by a hospital under subsection (1) of this section, a
25 procurement organization shall make a reasonable search for any person listed
26 in section 39-3409, Idaho Code, having priority to make an anatomical gift on
27 behalf of a prospective donor. If a procurement organization receives informa-
28 tion that an anatomical gift to any other person was made, amended or revoked,
29 it shall promptly advise the other person of all relevant information.
30 (8) Subject to sections 39-3412(9) and 39-3424, Idaho Code, the rights of
31 the person to which a part passes under section 39-3412, Idaho Code, are supe-
32 rior to the rights of all others with respect to the part. The person may
33 accept or reject an anatomical gift in whole or in part. Subject to the terms
34 of the document of gift and this chapter, a person that accepts an anatomical
35 gift of an entire body may allow embalming, burial or cremation, and use of
36 remains in a funeral service. If the gift is of a part, the person to which
37 the part passes under section 39-3412, Idaho Code, upon the death of the donor
38 and before embalming, burial or cremation, shall cause the part to be removed
39 without unnecessary mutilation.
40 (9) Neither the physician who attends the decedent at death nor the phy-
41 sician who determines the time of the decedent's death may participate in the
42 procedures for removing or transplanting a part from the decedent.
43 (10) A physician or technician may remove a donated part from the body of
44 a donor that the physician or technician is qualified to remove.
45 39-3416. COORDINATION OF PROCUREMENT AND USE. Each hospital in this state
46 shall enter into agreements or affiliations with procurement organizations for
47 coordination of procurement and use of anatomical gifts.
48 39-3417. SALE OR PURCHASE OF PARTS PROHIBITED. (1) Except as otherwise
49 provided in subsection (2) of this section, a person that for valuable consid-
50 eration, knowingly purchases or sells a part for transplantation or therapy if
51 removal of a part from an individual is intended to occur after the
52 individual's death commits a felony and upon conviction is subject to a fine
53 not exceeding fifty thousand dollars ($50,000) or imprisonment not exceeding
11
1 five (5) years, or both such fine and imprisonment.
2 (2) A person may charge a reasonable amount for the removal, processing,
3 preservation, quality control, storage, transportation, implantation or dis-
4 posal of a part.
5 (3) A coroner acting pursuant to this section shall not authorize the
6 removal of a part from a body within the coroner's custody if the coroner, or
7 any deputy or agent of the coroner, derives or may derive any direct or indi-
8 rect financial benefit relative to the removal, donation or use of the part.
9 39-3418. OTHER PROHIBITED ACTS. A person that, in order to obtain a
10 financial gain, intentionally falsifies, forges, conceals, defaces or obliter-
11 ates a document of gift, an amendment or revocation of a document of gift, or
12 a refusal commits a felony and upon conviction is subject to a fine not
13 exceeding fifty thousand dollars ($50,000) or imprisonment not exceeding five
14 (5) years, or both such fine and imprisonment.
15 39-3419. IMMUNITY. (1) A person that acts in accordance with this chapter
16 or with the applicable anatomical gift law of another state, or attempts in
17 good faith to do so, is not liable for the act in a civil action, criminal
18 prosecution or administrative proceeding.
19 (2) Neither the person making an anatomical gift nor the donor's estate
20 is liable for any injury or damage that results from the making or use of the
21 gift.
22 (3) In determining whether an anatomical gift has been made, amended or
23 revoked under this chapter, a person may rely upon representations of an indi-
24 vidual listed in section 39-3409(1)(b), (c), (d), (e), (f), (g) or (h), Idaho
25 Code, relating to the individual's relationship to the donor or prospective
26 donor unless the person knows that the representation is untrue.
27 39-3420. LAW GOVERNING VALIDITY -- CHOICE OF LAW AS TO EXECUTION OF DOCU-
28 MENT OF GIFT -- PRESUMPTION OF VALIDITY. (1) A document of gift is valid if
29 executed in accordance with:
30 (a) This chapter;
31 (b) The laws of the state or country where it was executed; or
32 (c) The laws of the state or country where the person making the anatomi-
33 cal gift was domiciled, has a place of residence or was a national at the
34 time the document of gift was executed.
35 (2) If a document of gift is valid under this section, the law of this
36 state governs the interpretation of the document of gift.
37 (3) A person may presume that a document of gift or amendment of an ana-
38 tomical gift is valid unless that person knows that it was not validly exe-
39 cuted or was revoked.
40 39-3421. DONOR REGISTRY. (1) The Idaho transportation department shall
41 cooperate with a person that administers any donor registry that this state
42 establishes, contracts for, or recognizes for the purpose of transferring to
43 the donor registry all relevant information regarding a donor's making, amend-
44 ment to, or revocation of an anatomical gift.
45 (2) A donor registry must:
46 (a) Allow a donor or other person authorized under section 39-3404, Idaho
47 Code, to include on the donor registry a statement or symbol that the
48 donor has made, amended or revoked an anatomical gift;
49 (b) Be accessible to a procurement organization to allow it to obtain
50 relevant information on the donor registry to determine, at or near death
51 of the donor or a prospective donor, whether the donor or prospective
12
1 donor has made, amended or revoked an anatomical gift; and
2 (c) Be accessible for purposes of paragraphs (a) and (b) of this subsec-
3 tion seven (7) days a week on a twenty-four (24) hour basis.
4 (3) Personally identifiable information on a donor registry about a donor
5 or prospective donor shall not be used or disclosed without the express con-
6 sent of the donor, prospective donor, or person that made the anatomical gift
7 for any purpose other than to determine, at or near death of the donor or pro-
8 spective donor, whether the donor or prospective donor has made, amended or
9 revoked an anatomical gift.
10 (4) This section does not prohibit any person from creating or maintain-
11 ing a donor registry that is not established by or under contract with the
12 state. Any such registry must comply with subsections (2) and (3) of this sec-
13 tion.
14 39-3422. EFFECT OF ANATOMICAL GIFT ON ADVANCE HEALTH CARE DIRECTIVE. (1)
15 In this section:
16 (a) "Advance health care directive" means a power of attorney for health
17 care or a record signed by a prospective donor containing the prospective
18 donor's direction concerning a health care decision for the prospective
19 donor.
20 (b) "Declaration" means a record signed by a prospective donor specifying
21 the circumstances under which a life support system may be withheld or
22 withdrawn from the prospective donor.
23 (c) "Health care decision" means any decision made regarding the health
24 care of the prospective donor.
25 (2) If a prospective donor has a declaration or advance health care
26 directive, measures necessary to ensure the medical suitability of an organ
27 for transplantation or therapy may not be withheld or withdrawn from the pro-
28 spective donor, unless the declaration expressly provides to the contrary.
29 39-3423. COOPERATION BETWEEN CORONER AND PROCUREMENT ORGANIZATION. (1) A
30 coroner shall cooperate with procurement organizations to maximize the oppor-
31 tunity to recover anatomical gifts for the purpose of transplantation, ther-
32 apy, research or education.
33 (2) If a coroner receives notice from a procurement organization that an
34 anatomical gift might be available or was made with respect to a decedent
35 whose body is under the jurisdiction of the coroner and a postmortem examina-
36 tion is going to be performed, unless the coroner denies recovery in accor-
37 dance with section 39-3424, Idaho Code, the coroner or designee shall conduct
38 a postmortem examination of the body or the part in a manner and within a
39 period compatible with its preservation for the purposes of the gift.
40 (3) A part may not be removed from the body of a decedent under the
41 jurisdiction of a coroner for transplantation, therapy, research or education
42 unless the part is the subject of an anatomical gift. The body of a decedent
43 under the jurisdiction of the coroner may not be delivered to a person for
44 research or education unless the body is the subject of an anatomical gift.
45 This subsection does not preclude a coroner from performing the medicolegal
46 investigation upon the body or parts of a decedent under the jurisdiction of
47 the coroner.
48 39-3424. FACILITATION OF ANATOMICAL GIFT FROM DECEDENT WHOSE BODY IS
49 UNDER JURISDICTION OF CORONER. (1) Upon request of a procurement organization,
50 a coroner shall release to the procurement organization the name, contact
51 information and available medical and social history of a decedent whose body
52 is under the jurisdiction of the coroner. If the decedent's body or part is
13
1 medically suitable for transplantation, therapy, research or education, the
2 coroner shall release postmortem examination results to the procurement orga-
3 nization. The procurement organization may make a subsequent disclosure of the
4 postmortem examination results or other information received from the coroner
5 only if relevant to transplantation or therapy.
6 (2) The coroner may conduct a medicolegal examination by reviewing all
7 medical records, laboratory test results, x-rays, other diagnostic results,
8 and other information that any person possesses about a donor or prospective
9 donor whose body is under the jurisdiction of the coroner which the coroner
10 determines may be relevant to the investigation.
11 (3) A person that has any information requested by a coroner pursuant to
12 subsection (2) of this section shall provide that information as expeditiously
13 as possible to allow the coroner to conduct the medicolegal investigation
14 within a period compatible with the preservation of parts for the purpose of
15 transplantation, therapy, research or education.
16 (4) If an anatomical gift has been or might be made of a part of a dece-
17 dent whose body is under the jurisdiction of the coroner and a postmortem
18 examination is not required, or the coroner determines that a postmortem exam-
19 ination is required but that the recovery of the part that is the subject of
20 an anatomical gift will not interfere with the examination, the coroner and
21 procurement organization shall cooperate in the timely removal of the part
22 from the decedent for the purpose of transplantation, therapy, research or
23 education.
24 (5) If an anatomical gift of a part from the decedent under the jurisdic-
25 tion of the coroner has been or might be made, but the coroner initially
26 believes that the recovery of the part could interfere with the postmortem
27 investigation into the decedent's cause or manner of death, the coroner shall
28 consult with the procurement organization or physician or technician desig-
29 nated by the procurement organization about the proposed recovery. After con-
30 sultation, the coroner may allow the recovery.
31 (6) Following the consultation under subsection (5) of this section, in
32 the absence of mutually agreed-upon protocols to resolve conflict between the
33 coroner and the procurement organization, if the coroner intends to deny
34 recovery, the coroner or designee, at the request of the procurement organiza-
35 tion, shall attend the removal procedure for the part before making a final
36 determination not to allow the procurement organization to recover the part.
37 During the removal procedure, the coroner or designee may allow recovery by
38 the procurement organization to proceed, or, if the coroner or designee rea-
39 sonably believes that the part may be involved in determining the decedent's
40 cause or manner of death, deny recovery by the procurement organization.
41 (7) If the coroner or designee denies recovery under subsection (6) of
42 this section, the coroner or designee shall:
43 (a) Explain in a record the specific reasons for not allowing recovery of
44 the part;
45 (b) Include the specific reasons in the records of the coroner; and
46 (c) Provide a record with the specific reasons to the procurement organi-
47 zation.
48 (8) If the coroner or designee allows recovery of a part under subsection
49 (4), (5) or (6) of this section, the procurement organization, upon request,
50 shall cause the physician or technician who removes the part to provide the
51 coroner with a record describing the condition of the part, a biopsy, a photo-
52 graph, and any other information and observations that would assist in the
53 postmortem examination.
54 (9) If a coroner or designee is required to be present at a removal pro-
55 cedure under subsection (6) of this section, upon request the procurement
14
1 organization requesting the recovery of the part shall reimburse the coroner
2 or designee for the additional costs incurred in complying with subsection (6)
3 of this section.
4 39-3425. UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and con-
5 struing this uniform act, consideration must be given to the need to promote
6 uniformity of the law with respect to its subject matter among states that
7 enact it.
8 39-3426. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COM-
9 MERCE ACT. This chapter modifies, limits and supersedes the electronic signa-
10 tures in global and national commerce act, 15 U.S.C. section 7001 et seq., but
11 does not modify, limit or supersede section 101(a) of that act or authorize
12 electronic delivery of any of the notices described in section 103(b) of that
13 act.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
Moved by Davis
Seconded by Hill
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1017
1 AMENDMENTS TO SECTION 2
2 On page 10 of the printed bill, in line 30, delete "and 39-3424"; on page
3 12, delete lines 33 through 39; in line 40, delete "(3)" and insert: "(2)"; in
4 line 42, following "gift" insert: "and the removal will not interfere with any
5 autopsy or investigation"; delete lines 48 through 52; on page 13, delete
6 lines 1 through 55; on page 14, delete lines 1 through 3; in line 4, delete
7 "39-3425" and insert: "39-3424"; and in line 8, delete "39-3426" and insert:
8 "39-3425".
9 CORRECTION TO THE TITLE
10 On page 1, delete lines 26 and 27 and insert: "PROVIDE FOR UNIFORMITY".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1017, As Amended
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO ANATOMICAL GIFTS; REPEALING CHAPTER 34, TITLE 39, IDAHO CODE,
3 RELATING TO THE IDAHO ANATOMICAL GIFT ACT; AND AMENDING TITLE 39, IDAHO
4 CODE, BY THE ADDITION OF A NEW CHAPTER 34, TITLE 39, IDAHO CODE, TO SET
5 FORTH THE REVISED UNIFORM ANATOMICAL GIFT ACT, TO PROVIDE A SHORT TITLE,
6 TO DEFINE TERMS, TO PROVIDE APPLICABILITY, TO SET FORTH WHO MAY MAKE AN
7 ANATOMICAL GIFT BEFORE A DONOR'S DEATH, TO PROVIDE FOR THE MANNER OF MAK-
8 ING AN ANATOMICAL GIFT BEFORE A DONOR'S DEATH, TO PROVIDE FOR AMENDING OR
9 REVOKING AN ANATOMICAL GIFT BEFORE A DONOR'S DEATH, TO PROVIDE FOR REFUSAL
10 TO MAKE AN ANATOMICAL GIFT AND THE EFFECT OF SUCH REFUSAL, TO PROVIDE FOR
11 PRECLUSIVE EFFECT OF ANATOMICAL GIFT, AMENDMENT OR REVOCATION, TO SET
12 FORTH WHO MAY MAKE AN ANATOMICAL GIFT OF A DECEDENT'S BODY OR PART, TO SET
13 FORTH THE MANNER OF MAKING, AMENDING OR REVOKING AN ANATOMICAL GIFT OF A
14 DECEDENT'S BODY OR PART, TO SET FORTH REQUIREMENTS FOR INFORMED CONSENT,
15 TO SET FORTH PERSONS THAT MAY RECEIVE AN ANATOMICAL GIFT AND THE PURPOSE
16 OF SUCH GIFT, TO REQUIRE SEARCH AND NOTIFICATION, TO PROVIDE THAT THE
17 DELIVERY OF A DOCUMENT OF GIFT IS NOT REQUIRED, TO PROVIDE FOR THE RIGHT
18 TO EXAMINE A DOCUMENT OF GIFT OR REFUSAL, TO SET FORTH RIGHTS AND DUTIES
19 OF PROCUREMENT ORGANIZATIONS AND OTHERS, TO PROVIDE FOR COORDINATION OF
20 PROCUREMENT AND USE, TO PROHIBIT THE SALE OR PURCHASE OF PARTS, TO PRO-
21 HIBIT OTHER ACTS, TO PROVIDE IMMUNITY, TO PROVIDE FOR LAW GOVERNING VALID-
22 ITY OF A DOCUMENT OF GIFT, TO PROVIDE FOR CHOICE OF LAW, TO PROVIDE PRE-
23 SUMPTION OF VALIDITY, TO PROVIDE FOR A DONOR REGISTRY, TO SET FORTH THE
24 EFFECT OF AN ANATOMICAL GIFT ON AN ADVANCE HEALTH CARE DIRECTIVE, TO
25 REQUIRE COOPERATION BETWEEN THE CORONER AND PROCUREMENT ORGANIZATION, TO
26 PROVIDE FOR UNIFORMITY OF APPLICATION AND CONSTRUCTION AND TO PROVIDE FOR
27 RELATION TO THE ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.
28 Be It Enacted by the Legislature of the State of Idaho:
29 SECTION 1. That Chapter 34, Title 39, Idaho Code, be, and the same is
30 hereby repealed.
31 SECTION 2. That Title 39, Idaho Code, be, and the same is hereby amended
32 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
33 ter 34, Title 39, Idaho Code, and to read as follows:
34 CHAPTER 34
35 REVISED UNIFORM ANATOMICAL GIFT ACT
36 39-3401. SHORT TITLE. This chapter shall be known and may be cited as the
37 "Revised Uniform Anatomical Gift Act."
38 39-3402. DEFINITIONS. In this chapter:
39 (1) "Adult" means an individual who is at least eighteen (18) years of
40 age.
2
1 (2) "Agent" means an individual:
2 (a) Authorized to make health care decisions on the principal's behalf by
3 a power of attorney for health care; or
4 (b) Expressly authorized to make an anatomical gift on the principal's
5 behalf by any other record signed by the principal.
6 (3) "Anatomical gift" means a donation of all or part of a human body to
7 take effect after the donor's death for the purpose of transplantation, ther-
8 apy, research or education.
9 (4) "Decedent" means a deceased individual whose body or part is or may
10 be the source of an anatomical gift. The term includes a stillborn infant and,
11 subject to restrictions imposed by law other than this chapter, a fetus.
12 (5) "Disinterested witness" means a witness other than the spouse, child,
13 parent, sibling, grandchild, grandparent or guardian of the individual who
14 makes, amends, revokes or refuses to make an anatomical gift, or another adult
15 who exhibited special care and concern for the individual. The term does not
16 include a person to which an anatomical gift could pass under section 39-3412,
17 Idaho Code.
18 (6) "Document of gift" means a donor card or other record used to make an
19 anatomical gift. The term includes a statement or symbol on a driver's
20 license, identification card or donor registry.
21 (7) "Donor" means an individual whose body or part is the subject of an
22 anatomical gift.
23 (8) "Donor registry" means a database that contains records of anatomical
24 gifts and amendments to or revocations of anatomical gifts.
25 (9) "Driver's license" means a license or permit issued by the Idaho
26 transportation department to operate a vehicle, whether or not conditions are
27 attached to the license or permit.
28 (10) "Eye bank" means a person that is licensed, accredited, or regulated
29 under federal or state law to engage in the recovery, screening, testing,
30 processing, storage or distribution of human eyes or portions of human eyes.
31 (11) "Guardian" means a person appointed by a court to make decisions
32 regarding the support, care, education, health or welfare of an individual.
33 The term does not include a guardian ad litem.
34 (12) "Hospital" means a facility licensed as a hospital under the law of
35 any state or a facility operated as a hospital by the United States, a state,
36 or a subdivision of a state.
37 (13) "Identification card" means an identification card issued by the
38 Idaho transportation department.
39 (14) "Know" means to have actual knowledge.
40 (15) "Minor" means an individual who is under eighteen (18) years of age.
41 (16) "Organ procurement organization" means a person designated by the
42 secretary of the United States department of health and human services as an
43 organ procurement organization.
44 (17) "Parent" means a parent whose parental rights have not been termi-
45 nated.
46 (18) "Part" means an organ, an eye, or tissue of a human being. The term
47 does not include the whole body.
48 (19) "Person" means an individual, corporation, business trust, estate,
49 trust, partnership, limited liability company, association, joint venture,
50 public corporation, government or governmental subdivision, agency or instru-
51 mentality, or any other legal or commercial entity.
52 (20) "Physician" means an individual authorized to practice medicine or
53 osteopathy under the law of any state.
54 (21) "Procurement organization" means an eye bank, organ procurement orga-
55 nization, or tissue bank.
3
1 (22) "Prospective donor" means an individual who is dead or near death and
2 who has been determined by a procurement organization to have a part that
3 could be medically suitable for transplantation, therapy, research or educa-
4 tion. The term does not include an individual who has made a refusal.
5 (23) "Reasonably available" means able to be contacted by a procurement
6 organization without undue effort and willing and able to act in a timely man-
7 ner consistent with existing medical criteria necessary for the making of an
8 anatomical gift.
9 (24) "Recipient" means an individual into whose body a decedent's part has
10 been or is intended to be transplanted.
11 (25) "Record" means information that is inscribed on a tangible medium or
12 that is stored in an electronic or other medium and is retrievable in
13 perceivable form.
14 (26) "Refusal" means a record created under section 39-3407, Idaho Code,
15 that expressly states an intent to bar other persons from making an anatomical
16 gift of an individual's body or part.
17 (27) "Sign" means, with the present intent to authenticate or adopt a
18 record:
19 (a) To execute or adopt a tangible symbol; or
20 (b) To attach to or logically associate with the record an electronic
21 symbol, sound or process.
22 (28) "State" means a state of the United States, the District of Columbia,
23 Puerto Rico, the United States Virgin Islands, or any territory or insular
24 possession subject to the jurisdiction of the United States.
25 (29) "Technician" means an individual determined to be qualified to remove
26 or process parts by an appropriate organization that is licensed, accredited
27 or regulated under federal or state law. The term includes an enucleator.
28 (30) "Tissue" means a portion of the human body other than an organ or an
29 eye. The term does not include blood unless the blood is donated for the pur-
30 pose of research or education.
31 (31) "Tissue bank" means a person that is licensed, accredited, or regu-
32 lated under federal or state law to engage in the recovery, screening, test-
33 ing, processing, storage or distribution of tissue.
34 (32) "Transplant hospital" means a hospital that furnishes organ trans-
35 plants and other medical and surgical specialty services required for the care
36 of transplant patients.
37 39-3403. APPLICABILITY. This chapter applies to an anatomical gift or
38 amendment to, revocation of, or refusal to make an anatomical gift, whenever
39 made.
40 39-3404. WHO MAY MAKE ANATOMICAL GIFT BEFORE DONOR'S DEATH. Subject to
41 section 39-3408, Idaho Code, an anatomical gift of a donor's body or part may
42 be made during the life of the donor for the purpose of transplantation, ther-
43 apy, research or education in the manner provided in section 39-3405, Idaho
44 Code, by:
45 (1) The donor, if the donor is an adult or if the donor is a minor and
46 is:
47 (a) Emancipated; or
48 (b) At least sixteen (16) years of age, provided however, that if the
49 donor is sixteen (16) years of age or older and less than eighteen (18)
50 years of age, a parent or an adult guardian must consent in writing in the
51 presence of the donor.
52 (2) An agent of the donor, unless the power of attorney for health care
53 or other record prohibits the agent from making an anatomical gift;
4
1 (3) A parent of the donor, if the donor is an unemancipated minor; or
2 (4) The donor's guardian.
3 39-3405. MANNER OF MAKING ANATOMICAL GIFT BEFORE DONOR'S DEATH. (1) A
4 donor may make an anatomical gift:
5 (a) By authorizing a statement or symbol indicating that the donor has
6 made an anatomical gift to be imprinted on the donor's driver's license or
7 identification card;
8 (b) In a will;
9 (c) During a terminal illness or injury of the donor, by any form of com-
10 munication addressed to at least two (2) adults, at least one (1) of whom
11 is a disinterested witness; or
12 (d) As provided in subsection (2) of this section.
13 (2) A donor or other person authorized to make an anatomical gift under
14 section 39-3404, Idaho Code, may make a gift by a donor card or other record
15 signed by the donor or other person making the gift or by authorizing that a
16 statement or symbol indicating that the donor has made an anatomical gift be
17 included on a donor registry. If the donor or other person is physically
18 unable to sign a record, the record may be signed by another individual at the
19 direction of the donor or other person and must:
20 (a) Be witnessed by at least two (2) adults, at least one (1) of whom is
21 a disinterested witness, who have signed at the request of the donor or
22 the other person; and
23 (b) State that it has been signed and witnessed as provided in paragraph
24 (a) of this subsection.
25 (3) Revocation, suspension, expiration or cancellation of a driver's
26 license or identification card upon which an anatomical gift is indicated does
27 not invalidate the gift.
28 (4) An anatomical gift made by will takes effect upon the donor's death
29 whether or not the will is probated. Invalidation of the will after the
30 donor's death does not invalidate the gift.
31 39-3406. AMENDING OR REVOKING ANATOMICAL GIFT BEFORE DONOR'S DEATH. (1)
32 Subject to section 39-3408, Idaho Code, a donor or other person authorized to
33 make an anatomical gift under section 39-3404, Idaho Code, may amend or revoke
34 an anatomical gift by:
35 (a) A record signed by:
36 (i) The donor;
37 (ii) The other person; or
38 (iii) Subject to subsection (2) of this section, another individual
39 acting at the direction of the donor or the other person if the donor
40 or other person is physically unable to sign; or
41 (b) A later-executed document of gift that amends or revokes a previous
42 anatomical gift or portion of an anatomical gift, either expressly or by
43 inconsistency.
44 (2) A record signed pursuant to subsection (1)(a)(iii) of this section
45 must:
46 (a) Be witnessed by at least two (2) adults, at least one (1) of whom is
47 a disinterested witness, who have signed at the request of the donor or
48 the other person; and
49 (b) State that it has been signed and witnessed as provided in paragraph
50 (a) of this subsection.
51 (3) Subject to section 39-3408, Idaho Code, a donor or other person
52 authorized to make an anatomical gift under section 39-3404, Idaho Code, may
53 revoke an anatomical gift by the destruction or cancellation of the document
5
1 of gift, or the portion of the document of gift used to make the gift, with
2 the intent to revoke the gift.
3 (4) A donor may amend or revoke an anatomical gift that was not made in a
4 will by any form of communication during a terminal illness or injury
5 addressed to at least two (2) adults, at least one (1) of whom is a disinter-
6 ested witness.
7 (5) A donor who makes an anatomical gift in a will may amend or revoke
8 the gift in the manner provided for amendment or revocation of wills or as
9 provided in subsection (1) of this section.
10 39-3407. REFUSAL TO MAKE ANATOMICAL GIFT -- EFFECT OF REFUSAL. (1) An
11 individual may refuse to make an anatomical gift of the individual's body or
12 part by:
13 (a) A record signed by:
14 (i) The individual; or
15 (ii) Subject to subsection (2) of this section, another individual
16 acting at the direction of the individual if the individual is physi-
17 cally unable to sign;
18 (b) The individual's will, whether or not the will is admitted to probate
19 or invalidated after the individual's death; or
20 (c) Any form of communication made by the individual during the
21 individual's terminal illness or injury addressed to at least two (2)
22 adults, at least one (1) of whom is a disinterested witness.
23 (2) A record signed pursuant to subsection (1)(a)(ii) of this section
24 must:
25 (a) Be witnessed by at least two (2) adults, at least one (1) of whom is
26 a disinterested witness, who have signed at the request of the individual;
27 and
28 (b) State that it has been signed and witnessed as provided in paragraph
29 (a) of this subsection.
30 (3) An individual who has made a refusal may amend or revoke the refusal:
31 (a) In the manner provided in subsection (1) of this section for making a
32 refusal;
33 (b) By subsequently making an anatomical gift pursuant to section
34 39-3405, Idaho Code, that is inconsistent with the refusal; or
35 (c) By destroying or canceling the record evidencing the refusal, or the
36 portion of the record used to make the refusal, with the intent to revoke
37 the refusal.
38 (4) Except as otherwise provided in section 39-3408(8), Idaho Code, in
39 the absence of an express, contrary indication by the individual set forth in
40 the refusal, an individual's unrevoked refusal to make an anatomical gift of
41 the individual's body or part bars all other persons from making an anatomical
42 gift of the individual's body or part.
43 39-3408. PRECLUSIVE EFFECT OF ANATOMICAL GIFT, AMENDMENT OR REVOCATION.
44 (1) Except as otherwise provided in subsection (7) of this section and subject
45 to subsection (6) of this section, in the absence of an express, contrary
46 indication by the donor, a person other than the donor is barred from making,
47 amending or revoking an anatomical gift of a donor's body or part if the donor
48 made an anatomical gift of the donor's body or part under section 39-3405,
49 Idaho Code, or an amendment to an anatomical gift of the donor's body or part
50 under section 39-3406, Idaho Code.
51 (2) A donor's revocation of an anatomical gift of the donor's body or
52 part under section 39-3406, Idaho Code, is not a refusal and does not bar
53 another person specified in section 39-3404 or 39-3409, Idaho Code, from mak-
6
1 ing an anatomical gift of the donor's body or part under section 39-3405 or
2 39-3410, Idaho Code.
3 (3) If a person other than the donor makes an unrevoked anatomical gift
4 of the donor's body or part under section 39-3405, Idaho Code, or an amendment
5 to an anatomical gift of the donor's body or part under section 39-3406, Idaho
6 Code, another person may not make, amend or revoke the gift of the donor's
7 body or part under section 39-3410, Idaho Code.
8 (4) A revocation of an anatomical gift of a donor's body or part under
9 section 39-3406, Idaho Code, by a person other than the donor does not bar
10 another person from making an anatomical gift of the body or part under sec-
11 tion 39-3405 or 39-3410, Idaho Code.
12 (5) In the absence of an express, contrary indication by the donor or
13 other person authorized to make an anatomical gift under section 39-3404,
14 Idaho Code, an anatomical gift of a part is neither a refusal to give another
15 part nor a limitation on the making of an anatomical gift of another part at a
16 later time by the donor or another person.
17 (6) In the absence of an express, contrary indication by the donor or
18 other person authorized to make an anatomical gift under section 39-3404,
19 Idaho Code, an anatomical gift of a part for one (1) or more of the purposes
20 set forth in section 39-3404, Idaho Code, is not a limitation on the making of
21 an anatomical gift of the part for any of the other purposes by the donor or
22 any other person under section 39-3405 or 39-3410, Idaho Code.
23 (7) If a donor who is an unemancipated minor dies, a parent of the donor
24 who is reasonably available may revoke or amend an anatomical gift of the
25 donor's body or part.
26 (8) If an unemancipated minor who signed a refusal dies, a parent of the
27 minor who is reasonably available may revoke the minor's refusal.
28 39-3409. WHO MAY MAKE ANATOMICAL GIFT OF DECEDENT'S BODY OR PART. (1)
29 Subject to subsections (2) and (3) of this section and unless barred by sec-
30 tion 39-3407 or 39-3408, Idaho Code, an anatomical gift of a decedent's body
31 or part for purpose of transplantation, therapy, research or education may be
32 made by any member of the following classes of persons who is reasonably
33 available, in the order of priority listed:
34 (a) An agent of the decedent at the time of death who could have made an
35 anatomical gift under section 39-3404(2), Idaho Code, immediately before
36 the decedent's death;
37 (b) The spouse of the decedent;
38 (c) Adult children of the decedent;
39 (d) Parents of the decedent;
40 (e) Adult siblings of the decedent;
41 (f) Adult grandchildren of the decedent;
42 (g) Grandparents of the decedent;
43 (h) An adult who exhibited special care and concern for the decedent;
44 (i) The persons who were acting as the guardians of the person of the
45 decedent at the time of death; and
46 (j) Any other person having the authority to dispose of the decedent's
47 body.
48 (2) If there is more than one (1) member of a class listed in subsection
49 (1)(a), (c), (d), (e), (f), (g) or (i) of this section entitled to make an
50 anatomical gift, an anatomical gift may be made by a member of the class
51 unless that member or a person to which the gift may pass under section
52 39-3412, Idaho Code, knows of an objection by another member of the class. If
53 an objection is known, the gift may be made only by a majority of the members
54 of the class who are reasonably available.
7
1 (3) A person may not make an anatomical gift if, at the time of the
2 decedent's death, a person in a prior class under subsection (1) of this sec-
3 tion is reasonably available to make or to object to the making of an anatomi-
4 cal gift.
5 39-3410. MANNER OF MAKING, AMENDING OR REVOKING ANATOMICAL GIFT OF
6 DECEDENT'S BODY OR PART. (1) A person authorized to make an anatomical gift
7 under section 39-3409, Idaho Code, may make an anatomical gift by a document
8 of gift signed by the person making the gift or by that person's oral communi-
9 cation that is electronically recorded or is contemporaneously reduced to a
10 record and signed by the individual receiving the oral communication.
11 (2) Subject to subsection (3) of this section, an anatomical gift by a
12 person authorized under section 39-3409, Idaho Code, may be amended or revoked
13 orally or in a record by any member of a prior class who is reasonably avail-
14 able. If more than one (1) member of the prior class is reasonably available,
15 the gift made by a person authorized under section 39-3409, Idaho Code, may
16 be:
17 (a) Amended only if a majority of the reasonably available members agree
18 to the amending of the gift; or
19 (b) Revoked only if a majority of the reasonably available members agree
20 to the revoking of the gift or if they are equally divided as to whether
21 to revoke the gift.
22 (3) A revocation under subsection (2) of this section is effective only
23 if, before an incision has been made to remove a part from the donor's body or
24 before invasive procedures have begun to prepare the recipient, the procure-
25 ment organization, transplant hospital, or physician or technician knows of
26 the revocation.
27 39-3411. REQUIREMENTS FOR INFORMED CONSENT. In the absence of a document
28 of gift or other evidence of an individual's intention to make or refuse to
29 make an anatomical gift, the following information shall be provided to any
30 person or persons, listed in section 39-3409, Idaho Code, approached for pur-
31 poses of obtaining informed consent:
32 (1) A confirmation of the donor's identity and his or her clinical termi-
33 nal condition;
34 (2) A general description of the purposes of anatomical gift donation;
35 (3) Identification of specific organs and/or tissues, including cells,
36 that are being requested for donation, provided that subsequent information on
37 the specific gifts recovered shall be supplied;
38 (4) An explanation that the retrieved organs and/or tissues may be used
39 for transplantation, therapy, medical research or educational purposes;
40 (5) A general description of the recovery process including, but not lim-
41 ited to, timing, relocation of the donor if applicable, and contact informa-
42 tion;
43 (6) An explanation that laboratory tests and a medical and/or social his-
44 tory will be completed to determine the medical suitability of the donor and
45 that blood samples from the donor will be tested for certain transmissible
46 diseases, including testing for HIV antibodies or antigens;
47 (7) An explanation that the spleen, lymph nodes and blood may be removed,
48 and cultures may be performed, for the purpose of determining donor suitabil-
49 ity and donor and recipient capability;
50 (8) A statement granting access to the donor's medical records and pro-
51 viding that the medical records may be released to other appropriate parties;
52 (9) An explanation that costs directly related to the evaluation, recov-
53 ery, preservation and placement of the organs and/or tissues will not be
8
1 charged to the family members of the donor;
2 (10) An explanation of the impact the donation process may have on burial
3 arrangements and on the appearance of the donor's body; and
4 (11) A statement that tissues or parts may be retrieved and/or used by
5 for-profit procurement entities.
6 39-3412. PERSONS THAT MAY RECEIVE ANATOMICAL GIFT -- PURPOSE OF ANATOMI-
7 CAL GIFT. (1) An anatomical gift may be made to the following persons named in
8 the document of gift:
9 (a) A hospital; accredited medical school, dental school, college, or
10 university; organ procurement organization; or other appropriate person,
11 for research or education;
12 (b) Subject to subsection (2) of this section, an individual designated
13 by the person making the anatomical gift if the individual is the recipi-
14 ent of the part;
15 (c) An eye bank or tissue bank.
16 (2) If an anatomical gift to an individual under subsection (1)(b) of
17 this section cannot be transplanted into the individual, the part passes in
18 accordance with subsection (7) of this section in the absence of an express,
19 contrary indication by the person making the anatomical gift.
20 (3) If an anatomical gift of one (1) or more specific parts or of all
21 parts is made in a document of gift that does not name a person described in
22 subsection (1) of this section but identifies the purpose for which an anatom-
23 ical gift may be used, the following rules apply:
24 (a) If the part is an eye and the gift is for the purpose of transplanta-
25 tion or therapy, the gift passes to the appropriate eye bank.
26 (b) If the part is tissue and the gift is for the purpose of transplanta-
27 tion or therapy, the gift passes to the appropriate tissue bank.
28 (c) If the part is an organ and the gift is for the purpose of transplan-
29 tation or therapy, the gift passes to the appropriate organ procurement
30 organization as custodian of the organ.
31 (d) If the part is an organ, an eye, or tissue and the gift is for the
32 purpose of research or education, the gift passes to the appropriate pro-
33 curement organization.
34 (4) For the purpose of subsection (3) of this section, if there is more
35 than one (1) purpose of an anatomical gift set forth in the document of gift
36 but the purposes are not set forth in any priority, the gift must be used for
37 transplantation or therapy, if suitable. If the gift cannot be used for trans-
38 plantation or therapy, the gift may be used for research or education.
39 (5) If an anatomical gift of one (1) or more specific parts is made in a
40 document of gift that does not name a person described in subsection (1) of
41 this section and does not identify the purpose of the gift, the gift may be
42 used only for transplantation or therapy, and the gift passes in accordance
43 with subsection (7) of this section.
44 (6) If a document of gift specifies only a general intent to make an ana-
45 tomical gift by words such as "donor," "organ donor" or "body donor," or by a
46 symbol or statement of similar import, the gift may be used only for trans-
47 plantation or therapy, and the gift passes in accordance with subsection (7)
48 of this section.
49 (7) For purposes of subsections (2), (5) and (6) of this section, the
50 following rules apply:
51 (a) If the part is an eye, the gift passes to the appropriate eye bank.
52 (b) If the part is tissue, the gift passes to the appropriate tissue
53 bank.
54 (c) If the part is an organ, the gift passes to the appropriate organ
9
1 procurement organization as custodian of the organ.
2 (8) An anatomical gift of an organ for transplantation or therapy, other
3 than an anatomical gift under subsection (1)(b) of this section, passes to the
4 organ procurement organization as custodian of the organ.
5 (9) If an anatomical gift does not pass pursuant to subsections (1)
6 through (8) of this section or the decedent's body or part is not used for
7 transplantation, therapy, research or education, custody of the body or part
8 passes to the person under obligation to dispose of the body or part.
9 (10) A person may not accept an anatomical gift if the person knows that
10 the gift was not effectively made under section 39-3405 or 39-3410, Idaho
11 Code, or if the person knows that the decedent made a refusal under section
12 39-3407, Idaho Code, that was not revoked. For purposes of this subsection, if
13 a person knows that an anatomical gift was made on a document of gift, the
14 person is deemed to know of any amendment or revocation of the gift or any
15 refusal to make an anatomical gift on the same document of gift.
16 (11) Except as otherwise provided in subsection (1)(b) of this section,
17 nothing in this chapter affects the allocation of organs for transplantation
18 or therapy.
19 39-3413. SEARCH AND NOTIFICATION. (1) The following persons shall make a
20 reasonable search of an individual who the person reasonably believes is dead
21 or near death for a document of gift or other information identifying the
22 individual as a donor or as an individual who made a refusal:
23 (a) A law enforcement officer, firefighter, paramedic or other emergency
24 rescuer finding the individual; and
25 (b) If no other source of the information is immediately available, a
26 hospital, as soon as practical after the individual's arrival at the hos-
27 pital.
28 (2) If a document of gift or a refusal to make an anatomical gift is
29 located by the search required by subsection (1)(a) of this section and the
30 individual or deceased individual to whom it relates is taken to a hospital,
31 the person responsible for conducting the search shall send the document of
32 gift or refusal to the hospital.
33 (3) A person is not subject to criminal or civil liability for failing to
34 discharge the duties imposed by this section but may be subject to administra-
35 tive sanctions.
36 39-3414. DELIVERY OF DOCUMENT OF GIFT NOT REQUIRED -- RIGHT TO EXAMINE.
37 (1) A document of gift need not be delivered during the donor's lifetime to be
38 effective.
39 (2) Upon or after an individual's death, a person in possession of a doc-
40 ument of gift or a refusal to make an anatomical gift with respect to the
41 individual shall allow examination and copying of the document of gift or
42 refusal by a person authorized to make or object to the making of an anatomi-
43 cal gift with respect to the individual or by a person to which the gift could
44 pass under section 39-3412, Idaho Code.
45 39-3415. RIGHTS AND DUTIES OF PROCUREMENT ORGANIZATION AND OTHERS. (1)
46 When a hospital refers an individual at or near death to a procurement organi-
47 zation, the organization shall make a reasonable search of the records of the
48 Idaho transportation department and any donor registry that it knows exist for
49 the geographical area in which the individual resides to ascertain whether the
50 individual has made an anatomical gift.
51 (2) A procurement organization must be allowed reasonable access to
52 information in the records of the Idaho transportation department to ascertain
10
1 whether an individual at or near death is a donor.
2 (3) When a hospital refers an individual at or near death to a procure-
3 ment organization, the organization may conduct any reasonable examination
4 necessary to ensure the medical suitability of a part that is or could be the
5 subject of an anatomical gift for transplantation, therapy, research or educa-
6 tion from a donor or a prospective donor. During the examination period, mea-
7 sures necessary to ensure the medical suitability of the part may not be with-
8 drawn unless the hospital or procurement organization knows that the individ-
9 ual expressed a contrary intent.
10 (4) Unless prohibited by law other than this chapter, at any time after a
11 donor's death, the person to which a part passes under section 39-3412, Idaho
12 Code, may conduct any reasonable examination necessary to ensure the medical
13 suitability of the body or part for its intended purpose.
14 (5) Unless prohibited by law other than this chapter, an examination
15 under subsection (3) or (4) of this section may include an examination of all
16 medical and dental records of the donor or prospective donor.
17 (6) Upon the death of a minor who was a donor or who had signed a
18 refusal, unless a procurement organization knows the minor is emancipated, the
19 procurement organization shall conduct a reasonable search for the parents of
20 the minor and provide the parents with an opportunity to revoke or amend the
21 anatomical gift or revoke the refusal.
22 (7) Upon referral by a hospital under subsection (1) of this section, a
23 procurement organization shall make a reasonable search for any person listed
24 in section 39-3409, Idaho Code, having priority to make an anatomical gift on
25 behalf of a prospective donor. If a procurement organization receives informa-
26 tion that an anatomical gift to any other person was made, amended or revoked,
27 it shall promptly advise the other person of all relevant information.
28 (8) Subject to section 39-3412(9), Idaho Code, the rights of the person
29 to which a part passes under section 39-3412, Idaho Code, are superior to the
30 rights of all others with respect to the part. The person may accept or reject
31 an anatomical gift in whole or in part. Subject to the terms of the document
32 of gift and this chapter, a person that accepts an anatomical gift of an
33 entire body may allow embalming, burial or cremation, and use of remains in a
34 funeral service. If the gift is of a part, the person to which the part passes
35 under section 39-3412, Idaho Code, upon the death of the donor and before
36 embalming, burial or cremation, shall cause the part to be removed without
37 unnecessary mutilation.
38 (9) Neither the physician who attends the decedent at death nor the phy-
39 sician who determines the time of the decedent's death may participate in the
40 procedures for removing or transplanting a part from the decedent.
41 (10) A physician or technician may remove a donated part from the body of
42 a donor that the physician or technician is qualified to remove.
43 39-3416. COORDINATION OF PROCUREMENT AND USE. Each hospital in this state
44 shall enter into agreements or affiliations with procurement organizations for
45 coordination of procurement and use of anatomical gifts.
46 39-3417. SALE OR PURCHASE OF PARTS PROHIBITED. (1) Except as otherwise
47 provided in subsection (2) of this section, a person that for valuable consid-
48 eration, knowingly purchases or sells a part for transplantation or therapy if
49 removal of a part from an individual is intended to occur after the
50 individual's death commits a felony and upon conviction is subject to a fine
51 not exceeding fifty thousand dollars ($50,000) or imprisonment not exceeding
52 five (5) years, or both such fine and imprisonment.
53 (2) A person may charge a reasonable amount for the removal, processing,
11
1 preservation, quality control, storage, transportation, implantation or dis-
2 posal of a part.
3 (3) A coroner acting pursuant to this section shall not authorize the
4 removal of a part from a body within the coroner's custody if the coroner, or
5 any deputy or agent of the coroner, derives or may derive any direct or indi-
6 rect financial benefit relative to the removal, donation or use of the part.
7 39-3418. OTHER PROHIBITED ACTS. A person that, in order to obtain a
8 financial gain, intentionally falsifies, forges, conceals, defaces or obliter-
9 ates a document of gift, an amendment or revocation of a document of gift, or
10 a refusal commits a felony and upon conviction is subject to a fine not
11 exceeding fifty thousand dollars ($50,000) or imprisonment not exceeding five
12 (5) years, or both such fine and imprisonment.
13 39-3419. IMMUNITY. (1) A person that acts in accordance with this chapter
14 or with the applicable anatomical gift law of another state, or attempts in
15 good faith to do so, is not liable for the act in a civil action, criminal
16 prosecution or administrative proceeding.
17 (2) Neither the person making an anatomical gift nor the donor's estate
18 is liable for any injury or damage that results from the making or use of the
19 gift.
20 (3) In determining whether an anatomical gift has been made, amended or
21 revoked under this chapter, a person may rely upon representations of an indi-
22 vidual listed in section 39-3409(1)(b), (c), (d), (e), (f), (g) or (h), Idaho
23 Code, relating to the individual's relationship to the donor or prospective
24 donor unless the person knows that the representation is untrue.
25 39-3420. LAW GOVERNING VALIDITY -- CHOICE OF LAW AS TO EXECUTION OF DOCU-
26 MENT OF GIFT -- PRESUMPTION OF VALIDITY. (1) A document of gift is valid if
27 executed in accordance with:
28 (a) This chapter;
29 (b) The laws of the state or country where it was executed; or
30 (c) The laws of the state or country where the person making the anatomi-
31 cal gift was domiciled, has a place of residence or was a national at the
32 time the document of gift was executed.
33 (2) If a document of gift is valid under this section, the law of this
34 state governs the interpretation of the document of gift.
35 (3) A person may presume that a document of gift or amendment of an ana-
36 tomical gift is valid unless that person knows that it was not validly exe-
37 cuted or was revoked.
38 39-3421. DONOR REGISTRY. (1) The Idaho transportation department shall
39 cooperate with a person that administers any donor registry that this state
40 establishes, contracts for, or recognizes for the purpose of transferring to
41 the donor registry all relevant information regarding a donor's making, amend-
42 ment to, or revocation of an anatomical gift.
43 (2) A donor registry must:
44 (a) Allow a donor or other person authorized under section 39-3404, Idaho
45 Code, to include on the donor registry a statement or symbol that the
46 donor has made, amended or revoked an anatomical gift;
47 (b) Be accessible to a procurement organization to allow it to obtain
48 relevant information on the donor registry to determine, at or near death
49 of the donor or a prospective donor, whether the donor or prospective
50 donor has made, amended or revoked an anatomical gift; and
51 (c) Be accessible for purposes of paragraphs (a) and (b) of this subsec-
12
1 tion seven (7) days a week on a twenty-four (24) hour basis.
2 (3) Personally identifiable information on a donor registry about a donor
3 or prospective donor shall not be used or disclosed without the express con-
4 sent of the donor, prospective donor, or person that made the anatomical gift
5 for any purpose other than to determine, at or near death of the donor or pro-
6 spective donor, whether the donor or prospective donor has made, amended or
7 revoked an anatomical gift.
8 (4) This section does not prohibit any person from creating or maintain-
9 ing a donor registry that is not established by or under contract with the
10 state. Any such registry must comply with subsections (2) and (3) of this sec-
11 tion.
12 39-3422. EFFECT OF ANATOMICAL GIFT ON ADVANCE HEALTH CARE DIRECTIVE. (1)
13 In this section:
14 (a) "Advance health care directive" means a power of attorney for health
15 care or a record signed by a prospective donor containing the prospective
16 donor's direction concerning a health care decision for the prospective
17 donor.
18 (b) "Declaration" means a record signed by a prospective donor specifying
19 the circumstances under which a life support system may be withheld or
20 withdrawn from the prospective donor.
21 (c) "Health care decision" means any decision made regarding the health
22 care of the prospective donor.
23 (2) If a prospective donor has a declaration or advance health care
24 directive, measures necessary to ensure the medical suitability of an organ
25 for transplantation or therapy may not be withheld or withdrawn from the pro-
26 spective donor, unless the declaration expressly provides to the contrary.
27 39-3423. COOPERATION BETWEEN CORONER AND PROCUREMENT ORGANIZATION. (1) A
28 coroner shall cooperate with procurement organizations to maximize the oppor-
29 tunity to recover anatomical gifts for the purpose of transplantation, ther-
30 apy, research or education.
31 (2) A part may not be removed from the body of a decedent under the
32 jurisdiction of a coroner for transplantation, therapy, research or education
33 unless the part is the subject of an anatomical gift and the removal will not
34 interfere with any autopsy or investigation. The body of a decedent under the
35 jurisdiction of the coroner may not be delivered to a person for research or
36 education unless the body is the subject of an anatomical gift. This subsec-
37 tion does not preclude a coroner from performing the medicolegal investigation
38 upon the body or parts of a decedent under the jurisdiction of the coroner.
39 39-3424. UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and con-
40 struing this uniform act, consideration must be given to the need to promote
41 uniformity of the law with respect to its subject matter among states that
42 enact it.
43 39-3425. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COM-
44 MERCE ACT. This chapter modifies, limits and supersedes the electronic signa-
45 tures in global and national commerce act, 15 U.S.C. section 7001 et seq., but
46 does not modify, limit or supersede section 101(a) of that act or authorize
47 electronic delivery of any of the notices described in section 103(b) of that
48 act.
STATEMENT OF PURPOSE
RS 16594
The Revised Uniform Anatomical Gift Act revises the Uniform
Anatomical Gift Acts of 1968 and 1987 in light of changes in
federal law and regulation and related developments in the field
of organ donation, thereby facilitating the availability of
organs for transplantation.
FISCAL NOTE
There will be no impact on the state's general fund.
Contact
Name: Senator Bart Davis
Phone: 332-1305
Dale G. Higer
STATEMENT OF PURPOSE/FISCAL NOTE S 1017