Title 36, Public Health and Safety

A. It is the policy of this state to make every effort to detect, as early as possible, sickle cell anemia, an heritable disorder which leads to physical defects. The director has the responsibility of designating tests and regulations to be used in executing this policy. Such te…

A. Testing for sickle cell anemia may be conducted at the following times by the department of health services: 1. Upon first enrollment of a child in an elementary school in this state. 2. For any child not tested pursuant to paragraph 1, upon first enrollment at a junior high s…

A. Subject to the availability of monies, the department of health services, through the children's rehabilitative services, may develop and operate, either directly or by contracting with public or private providers, programs for the diagnosis, care and treatment of children suf…

A. Subject to the availability of monies, the department of health services, through the children's rehabilitative services, may develop and operate, either directly or by contracting with public or private providers, programs for the diagnosis, care and treatment of adults suffe…

In this article, unless the context otherwise requires: 1. "Bar" means that portion of any premises licensed under section 4-209, subsection B, paragraph 6, 7, 11, 12 or 14 that is primarily used for the selling, consumption or serving of alcoholic beverages and that is not prima…

A. It is unlawful for a retail tobacco vendor to sell, furnish, give or provide beedies or bidis to a person who is under twenty-one years of age in this state. B. Any person who violates this section is guilty of a class 3 misdemeanor.

A. A person shall not sell tobacco products through a vending machine unless the vending machine is located in either: 1. A bar. 2. An employee lounge area that is not open to the public and the business in which the lounge area is located does not employ minors. B. A sign measur…

A. Tobacco products are prohibited on school grounds, inside school buildings, in school parking lots or playing fields, in school buses or vehicles or at off-campus school sponsored events. For purposes of this subsection, "school" means any public, charter or private school whe…

A. Except as provided in subsection B or C of this section, it is unlawful to manufacture, sell or distribute in this state either: 1. A package or other container of cigarettes that contains fewer than twenty cigarettes. 2. A package of roll-your-own tobacco that contains less t…

A. It is unlawful for a person to deliver or cause to be delivered to any residence in this state any tobacco products unsolicited by at least one adult who resides at that address. B. A person who knowingly violates subsection A of this section is guilty of a class 2 misdemeanor…

A. A person shall not do either of the following: 1. Cause a tobacco product to be ordered or purchased by anyone other than a licensed person or a retailer who orders or purchases from a licensed person, including by ordering or purchasing a tobacco product. 2. Knowingly provide…

A. A person who is at least eighteen years of age may possess, accept, receive or use a tobacco product, an alternative nicotine product or any instrument or paraphernalia that is solely designed for smoking or ingesting a tobacco product or shisha as defined in section 13-3622, …

A. A city, town, county or nongovernmental organization, including a local health department or an organization that promotes scientifically proven ways of mitigating health risks associated with drug use and other high-risk behaviors, or any combination of these entities, may es…

A. Notwithstanding title 13, chapter 34, an employee, volunteer or participant of a program established pursuant to section 36-798.51 may not be charged with or prosecuted for possession of any of the following: 1. A needle, hypodermic syringe or other injection supply item obtai…

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 in subsection I or J of this section, the duty of burying the body of or providing other funeral and disposition arrangements for a decedent devolves in the following order: 1. If the decedent was married, on the surviving spouse unless: (a) The decedent was…

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…

A. A health care provider may not, solely on the basis of an individual's disability, do any of the following: 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…

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…