Title 36 — Public Health and Safety

The director of department of health services may require records and information and establish such rules, regulations and procedures in compliance with and in furtherance of this article as are convenient and proper for the discharge of its duties.

Every public officer, agent and servant of the state, and every county, city, town and public institution supported in whole or in part at public expense, having in his or its possession a dead human body for burial at public expense, shall notify the department within twenty-fou…

The bodies, or portions thereof, of persons executed at the state prison not claimed by relatives or friends within twenty-four hours after death, may be disposed of for scientific purposes by the superintendent of the prison, with consent of the governor, upon instruction by the…

A. This article shall not apply: 1. To bodies of persons who have died with smallpox, diphtheria or scarlet fever. 2. If the deceased person during his last illness, without suggestion or solicitation, requested to be buried or cremated. 3. If within twenty-four hours after death…

A. The department or its agent may take and receive or direct the delivery of bodies reported to it as provided by section 36-804 to hospitals, colleges and universities, physicians, surgeons and dentists it deems entitled thereto which have requested in writing to receive them, …

A person who with criminal negligence refuses or fails to perform a duty imposed upon him by the provisions of this article or by rules and regulations of the director is guilty of a petty offense.

A. Except as provided pursuant to subsection I or J of this section, the duty of burying the body of or providing other funeral and disposition arrangements for a dead person devolves in the following order: 1. If the dead person was married, on the surviving spouse unless: (a) T…

A. If the person on whom the duty of burial is imposed pursuant to section 36-831 is aware of the decedent's wishes regarding the disposition of his remains, that person shall comply with those wishes if they are reasonable and do not impose an economic or emotional hardship. B. …

A. In addition to the provisions set forth in section 11-597, whichever of the following assumes custody of the body for purposes of burial may give permission to a licensed physician to conduct a post-mortem examination: 1. Father. 2. Mother. 3. Husband. 4. Wife. 5. Adult child.…

In this article, unless the context otherwise requires: 1. "Adult" means an individual who is at least eighteen years of age. 2. "Agent" means an individual who is either: (a) Authorized to make health care decisions on the principal's behalf pursuant to a health care power of at…

This article applies to an anatomical gift or amendment to, revocation of or refusal to make an anatomical gift, whenever made.

Subject to the requirements of section 36-847, an anatomical gift may be made during the life of the donor for the purpose of transplantation, therapy, research or education in the manner provided in section 36-844 by: 1. The donor, if the donor is an adult or is a minor who is e…

A. A donor may make an anatomical gift: 1. By registering to be a donor on the donor registry established by section 36-858. 2. In a will. 3. During a terminal illness or injury of the donor by any form of communication that is addressed to at least two adults, at least one of wh…

A. Subject to the requirements of section 36-847, a donor or other person authorized to make an anatomical gift pursuant to section 36-843 may amend or revoke an anatomical gift by: 1. A record signed by either: (a) The donor. (b) The other person. (c) Subject to the requirements…

A. An individual may refuse to make an anatomical gift of the individual's body or part by: 1. A record signed by either: (a) The individual. (b) Subject to the requirements of subsection B of this section, another individual acting at the direction of the individual if the indiv…

A. Except as otherwise prescribed in subsections G and H of this section and subject to the requirements of subsection F of this section, 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 a…

A. Subject to the requirements of subsections B and C of this section, and unless barred pursuant to section 36-846 or 36-847, an anatomical gift for transplantation, therapy, research or education may be made by any member of the following classes of persons who is reasonably av…

A. A person who is authorized to make an anatomical gift pursuant to section 36-848 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 that is contemporaneously reduced t…

A. An anatomical gift may be made to the following named in the document of gift: 1. An organ procurement organization. 2. A hospital, accredited medical school, dental school, college, university, procurement organization or any other appropriate person, for research or educatio…

1. Determine that the individual is ineligible to receive an organ transplant. 2. Deny the individual medical or other services related to an organ transplant, including evaluation, surgery, counseling and postoperative treatment. 3. Refuse to refer the individual to a transplant…

A. If an individual believes that a health care provider or health care facility has violated or is violating section 36-850.01, the affected individual may commence a civil action for injunctive and other equitable relief against the health care provider or health care facility …

A. A document of gift need not be delivered during the donor's lifetime to be effective. B. On or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying o…

A. A person may not act as a procurement organization in this state unless the person is licensed by the department of health services as a procurement organization. The person shall apply in writing to the director of the department on a form specified by the director, shall inc…

A procurement organization that is licensed pursuant to section 36-851.01 by virtue of its accreditation status: 1. Is deemed to meet health and safety requirements that are equivalent to those set forth in section 36-851.03 and is not required to meet the requirements prescribed…

A. Except as provided in section 36-851.02, each procurement organization that is required to be licensed pursuant to section 36-851.01 shall do all of the following: 1. Designate a medical director who is a physician licensed pursuant to title 32, chapter 13 or 17 and who provid…

A. When a hospital refers an individual at or near death to an organ procurement organization, the organization shall make a reasonable search of the records of any donor registry that it knows exists for the geographical area in which the individual resides to determine if the i…

A. Each hospital in this state shall enter into one or more agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts. B. If there has been an anatomical gift, the institution where the removal of any donated parts occur…

A. Except as otherwise provided in subsection B, a person who 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, is guilty of a class 3 felony. B…

A person who, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces or obliterates a document of gift, an amendment or revocation of a document of gift or a refusal of gift is guilty of a class 6 felony.

A. A person is not subject to civil liability, criminal prosecution or administrative proceedings for good faith acts or omissions related to procurement of parts in compliance with this article. All acts and omissions are presumed to be in good faith unless the acts or omissions…

A. A document of gift is valid if executed in accordance with: 1. This article. 2. The laws of the state or country where it was executed. 3. The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence or was a national at …

A. An organ procurement organization shall establish a donor registry in this state. B. The motor vehicle division of the department of transportation shall cooperate with the organ procurement organization that administers a donor registry to transfer to the donor registry all r…

A. If the terms of a prospective donor's living will or health care directive and the express or implied terms of an anatomical gift made by the prospective donor, or made by any other person, appear to be in conflict with regard to the administration of measures necessary to ens…

A. The medical examiner or individual legally delegated that authority may release and permit the removal of a part from or all of a body within the custody of that official for transplantation, therapy, research or education pursuant to title 11, chapter 3, article 12 if the par…

A. The county medical examiner or individual legally delegated that authority shall release the name, contact information and available medical and social history of a decedent whose body is under the jurisdiction of the medical examiner to: 1. The designated procurement organiza…

In applying and construing this article, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

This act modifies, limits and supersedes the electronic signatures in global and national commerce act, but does not modify, limit or supersede section 101(a) of that act (15 United States Code section 7001) or authorize electronic delivery of any of the notices described in sect…

Each executed document of gift transferred by the department of transportation to an organ procurement organization is presumed to be a valid document of gift that establishes an anatomical gift for transplantation or therapy if all of the following apply: 1. The organ procuremen…