TITLE 39

HEALTH AND SAFETY

CHAPTER 34

REVISED UNIFORM ANATOMICAL GIFT ACT

39-3417.  Sale or purchase of parts prohibited. (1) Except as otherwise provided in subsection (2) of this section, a person that for valuable consideration, knowingly purchases or sells a part for transplantation or therapy if removal of a part from an individual is intended to occur after the individual’s death commits a felony and upon conviction is subject to a fine not exceeding fifty thousand dollars ($50,000) or imprisonment not exceeding five (5) years, or both such fine and imprisonment.

(2)  A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation or disposal of a part.

(3)  A coroner acting pursuant to this section shall not authorize the removal of a part from a body within the coroner’s custody if the coroner, or any deputy or agent of the coroner, derives or may derive any direct or indirect financial benefit relative to the removal, donation or use of the part.

History:

[39-3417, added 2007, ch. 30, sec. 2, p. 71.]