Title 39 — HEALTH AND SAFETY

39-3401. Short title. This chapter shall be known and may be cited as the "Revised Uniform Anatomical Gift Act."

39-3401A. Storage and transport of human bodies or body parts — Duties of state department of health and welfare — Enforcement and penalties. (1) In addition to any other duties and responsibilities, the director of the department of health and welfare shall register facilities f…

39-3402. Definitions. In this chapter: (1) "Adult" means an individual who is at least eighteen (18) years of age. (2) "Agent" means an individual: (a) Authorized to make health care decisions on the principal’s behalf by a power of attorney for health care; or (b) Expressly auth…

39-3403. Applicability. This chapter applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.

39-3404. Who may make anatomical gift before donor’s death. Subject to section 39-3408, Idaho Code, an anatomical gift of a donor’s body or part may be made during the life of the donor for the purpose of transplantation, therapy, research or education in the manner provided in s…

39-3405. Manner of making anatomical gift before donor’s death. (1) A donor may make an anatomical gift: (a) 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; (b) In a…

39-3406. Amending or revoking anatomical gift before donor’s death. (1) Subject to section 39-3408, Idaho Code, a donor or other person authorized to make an anatomical gift under section 39-3404, Idaho Code, may amend or revoke an anatomical gift by: (a) A record signed by: (i) …

39-3407. Refusal to make anatomical gift — Effect of refusal. (1) An individual may refuse to make an anatomical gift of the individual’s body or part by: (a) A record signed by: (i) The individual; or (ii) Subject to subsection (2) of this section, another individual acting at t…

39-3408. Preclusive effect of anatomical gift, amendment or revocation. (1) Except as otherwise provided in subsection (7) of this section and subject to subsection (6) of this section, in the absence of an express, contrary indication by the donor, a person other than the donor …

39-3409. Who may make anatomical gift of decedent’s body or part. (1) Subject to subsections (2) and (3) of this section and unless barred by section 39-3407 or 39-3408, Idaho Code, an anatomical gift of a decedent’s body or part for purpose of transplantation, therapy, research …

39-3410. Manner of making, amending or revoking anatomical gift of decedent’s body or part. (1) A person authorized to make an anatomical gift under section 39-3409, Idaho Code, may make an anatomical gift by a document of gift signed by the person making the gift or by that pers…

39-3411. Requirements for informed consent. In the absence of a document of gift or other evidence of an individual’s intention to make or refuse to make an anatomical gift, the following information shall be provided to any person or persons, listed in section 39-3409, Idaho Cod…

39-3412. Persons that may receive anatomical gift — Purpose of anatomical gift. (1) An anatomical gift may be made to the following persons named in the document of gift: (a) A hospital; accredited medical school, dental school, college, or university; organ procurement organizat…

39-3413. Search and notification. (1) For purposes of this section, "first responder" means a law enforcement officer, firefighter, emergency medical services provider, coroner or other emergency rescuer. (2) The following persons shall make a reasonable search of an individual w…

39-3414. Delivery of document of gift not required — Right to examine. (1) A document of gift need not be delivered during the donor’s lifetime to be effective. (2) Upon or after an individual’s death, a person in possession of a document of gift or a refusal to make an anatomica…

39-3415. Rights and duties of procurement organization and others. (1) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the Idaho transportation department and any donor registry…

39-3416. Coordination of procurement and use. Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.

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 o…

39-3418. Other prohibited acts. A person that, 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 commits a felony and upon conviction is subject…

39-3419. Immunity. (1) A person that acts in accordance with this chapter 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. (2) Neither t…

39-3420. Law governing validity — Choice of law as to execution of document of gift — presumption of validity. (1) A document of gift is valid if executed in accordance with: (a) This chapter; (b) The laws of the state or country where it was executed; or (c) The laws of the stat…

39-3421. Donor registry. (1) The Idaho transportation department shall cooperate with a person that administers any donor registry that this state establishes, contracts for, or recognizes for the purpose of transferring to the donor registry all relevant information regarding a …

39-3422. Effect of anatomical gift on advance health care directive. (1) In this section: (a) "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 …

39-3423. Cooperation between coroner and procurement organization. (1) A coroner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research or education. (2) A part may not be remove…

39-3424. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

39-3425. Relation to electronic signatures in global and national commerce act. This chapter modifies, limits and supersedes the electronic signatures in global and national commerce act, 15 U.S.C. section 7001 et seq., but does not modify, limit or supersede section 101(a) of th…