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22-19-177
Section 22-19-177 Immunity. (a) In the absence of wantonness or willful misconduct, a person
that acts in accordance with this article or with the applicable anatomical gift law of another
state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal
prosecution, or administrative proceeding. (b) In the absence of wantonness or willful misconduct,
neither the person making an anatomical gift nor the donor's estate is liable for any injury
or damage that results from the making or use of the gift. (c) In determining whether an anatomical
gift has been made, amended, or revoked under this article, a person may rely upon representations
of an individual listed in Section 22-19-168(a)(2), (3), (4), (5), (6), (7), or (8) relating
to the individual's relationship to the donor or prospective donor unless the person knows
that the representation is untrue. (Act 2008-453, p. 867, ยง1.)...
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22-19-167
Section 22-19-167 Preclusive effect of anatomical gift, amendment, or revocation. (a) Except
as otherwise provided in subsection (g) and subject to subsection (f), in the absence of an
express, contrary indication by the donor, a person other than the donor is barred from making,
amending, or revoking an anatomical gift of a donor's body or part if the donor made an anatomical
gift of the donor's body or part under Section 22-19-164 or an amendment to an anatomical
gift of the donor's body or part under Section 22-19-165. (b) A donor's revocation of an anatomical
gift of the donor's body or part under Section 22-19-165 is not a refusal and does not bar
another person specified in Section 22-19-163 or 22-19-168 from making an anatomical gift
of the donor's body or part under Section 22-19-164 or 22-19-169. (c) If a person other than
the donor makes an unrevoked anatomical gift of the donor's body or part under Section 22-19-164
or an amendment to an anatomical gift of the donor's body...
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22-19-170
Section 22-19-170 Persons that may receive anatomical gift; purpose of anatomical gift. (a)
An anatomical gift may be made to the following persons named in the document of gift: (1)
a hospital; accredited medical school, dental school, college, or university; organ procurement
organization; or other appropriate person, for research or education; (2) subject to subsection
(b), an individual designated by the person making the anatomical gift if the individual is
the recipient of the part; (3) an eye bank or tissue bank. (b) If an anatomical gift to an
individual under subsection (a)(2) cannot be transplanted into the individual, the part passes
in accordance with subsection (g) in the absence of an express, contrary indication by the
person making the anatomical gift. (c) If an anatomical gift of one or more specific parts
or of all parts is made in a document of gift that does not name a person described in subsection
(a) but identifies the purpose for which an anatomical gift may be...
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19-3C-3
Section 19-3C-3 Standard of conduct in managing and investing institutional funds. (a) Subject
to the intent of a donor expressed in a gift instrument, an institution, in managing and investing
an institutional fund, shall consider the charitable purposes of the institution and the purposes
of the institutional fund. (b) In addition to complying with the duty of loyalty imposed by
law other than this chapter, each person responsible for managing and investing an institutional
fund shall manage and invest the fund in good faith and with the care an ordinarily prudent
person in a like position would exercise under similar circumstances. (c) In managing and
investing an institutional fund, an institution: (1) may incur costs that are appropriate
and reasonable in relation to the assets, the purposes of the institution, and the skills
available to the institution; and (2) shall make a reasonable effort to verify facts relevant
to the management and investment of the fund. (d) An...
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34-13-11
Section 34-13-11 Authorizing agent; right of disposition. (a) A person, who is at least 18
years of age and of sound mind, may enter into a contract to act as authorizing agent and
direct the location, manner, and conditions of disposition of remains and arrange for funeral
goods and services to be provided upon death. Except as otherwise provided in subsection (b),
the right to control the disposition of the remains of a deceased person as an authorizing
agent, including the location, manner, and conditions of disposition and arrangements for
funeral goods and services to be provided, shall vest in the following persons in the priority
listed and the order named, provided the person is at least 18 years of age and of sound mind:
(1) The person designated by the decedent as authorized to direct disposition pursuant to
Public Law No. 109-163, Section 564, as listed on the decedent's United States Department
of Defense Record of Emergency Data, DD Form 93, or its successor form, if the...
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22-19-182
Section 22-19-182 Facilitation of anatomical gift from decedent whose body is under jurisdiction
of coroner or medical examiner. (a) Upon request of a procurement organization, a coroner
or medical examiner shall release to the procurement organization the name, contact information,
and available medical and social history of a decedent whose body is under the jurisdiction
of the coroner or medical examiner. Specific operational details regarding visitation, referral
methods, recovery logistics, and efforts to minimize interruptions to the operations of the
coroner and/or medical examiner will be established in the protocols referenced in Section
22-19-181 (d). Section 164.512 of the Health Information Portability and Protection Act, enacted
1996, specifies that a covered entity may use or disclose protected health information to
organ procurement organizations or other entities engaged in the procurement, banking, or
transplantation of cadaveric organs, eyes, or tissues for the...
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22-19-165
Section 22-19-165 Amending or revoking anatomical gift before donor's death. (a) Subject to
Section 22-19-167, a donor or other person authorized to make an anatomical gift under Section
22-19-163 may amend or revoke an anatomical gift by: (1) a record signed by: (A) the donor;
(B) the other person; or (C) subject to subsection (b), another individual acting at the direction
of the donor or the other person if the donor or other person is physically unable to sign;
or (2) a later-executed document of gift that amends or revokes a previous anatomical gift
or portion of an anatomical gift, either expressly or by inconsistency. (b) A record signed
pursuant to subsection (a)(1)(C) must: (1) be witnessed by at least two adults, at least one
of whom is a disinterested witness, who have signed at the request of the donor or the other
person; and (2) state that it has been signed and witnessed as provided in subdivision (1).
(c) Subject to Section 22-19-167, a donor or other person authorized...
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22-19-164
Section 22-19-164 Manner of making anatomical gift before donor's death. (a) A donor may make
an anatomical gift: (1) by authorizing a statement or symbol indicating that the donor has
made an anatomical gift to be imprinted on the donor's driver's license or identification
card; (2) in a will; (3) during a terminal illness or injury of the donor, by any form of
communication addressed to at least two adults, at least one of whom is a disinterested witness;
or (4) as provided in subsection (b). (b) A donor or other person authorized to make an anatomical
gift under Section 22-19-163 may make a gift by a donor card or other record signed by the
donor or other person making the gift or by authorizing that a statement or symbol indicating
that the donor has made an anatomical gift be included on a donor registry. If the donor or
other person is physically unable to sign a record, the record may be signed by another individual
at the direction of the donor or other person and must: (1) be...
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22-19-169
Section 22-19-169 Manner of making, amending, or revoking anatomical gift of decedent's body
or part. (a) A person authorized to make an anatomical gift under Section 22-19-168 may make
an anatomical gift by a document of gift signed by the person making the gift or by that person's
oral communication that is electronically recorded or is contemporaneously reduced to a record
and signed by the individual receiving the oral communication. (b) Subject to subsection (c),
an anatomical gift by a person authorized under Section 22-19-168 may be amended or revoked
orally or in a record by any member of a prior class who is reasonably available. If more
than one member of the prior class is reasonably available, the gift made by a person authorized
under Section 22-19-168 may be: (1) amended only if a majority of the reasonably available
members agree to the amending of the gift; or (2) revoked only if a majority of the reasonably
available members agree to the revoking of the gift or if they...
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22-19-180
Section 22-19-180 Effect of anatomical gift on advance health care directive. (a) In this section:
(1) "Advance health care directive" means a power of attorney for health care or
a record signed or authorized by a prospective donor containing the prospective donor's direction
concerning a health care decision for the prospective donor. (2) "Declaration" means
a record signed by a prospective donor specifying the circumstances under which a life support
system may be withheld or withdrawn from the prospective donor. (3) "Health care decision"
means any decision regarding the health care of the prospective donor. (b) If a prospective
donor has a declaration or advance health care directive, and the terms of the declaration
or directive and the express or implied terms of a potential anatomical gift are in conflict
with regard to the administration of measures necessary to ensure the medical suitability
of a part for transplantation or therapy the prospective donor's attending physician...
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