Title 26B, Title 26B: Utah Health and Human Services Code

26B-8-221. Authority of county attorney or district attorney to subpoena witnesses and compel testimony -- Determination if decedent died by unlawful means. (1) The district attorney or county attorney having criminal jurisdiction may subpoena witnesses and compel testimony conce…

26B-8-222. Additional powers and duties of department. The department may: (1) establish rules to carry out the provisions of this part; (2) use the department's authority under this part to identify opportunities for prevention of, intervention in, and postvention of deaths unde…

26B-8-223. Authority of examiner to provide organ or other tissue for transplant purposes. (1) When requested by the licensed physician of a patient who is in need of an organ or other tissue for transplant purpose, by a legally created Utah eye bank, organ bank or medical facili…

26B-8-224. Autopsies -- Persons eligible to authorize. (1) Autopsies may be authorized: by the commissioner of the Labor Commission or the commissioner's designee as provided in Section; 34A-2-603 by individuals by will or other written document; upon a decedent by the next of ki…

26B-8-225. Burial of an unclaimed body -- Request by the school of medicine at the University of Utah -- Medical examiner may retain tissue for dog training. (1) Except as described in Subsectionor, a county shall provide, at the county's expense, decent disposition of an unclaim…

26B-8-226. Social security number in certification of death. A certification of death shall include, if known, the social security number of the deceased person, and a copy of the certification shall be sent to the Office of Recovery Services within the department upon request.

26B-8-227. Registry of unidentified deceased persons. (1) If the identity of a deceased person over which the medical examiner has jurisdiction under Sectionis unknown, the medical examiner shall do the following: 26B-8-205 assign a unique identifying number to the body; create a…

26B-8-228. Testing for suspected suicides -- Maintaining information -- Compensation to deputy medical examiners. (1) In all cases where it is suspected that a death resulted from suicide, including assisted suicide, the medical examiner shall endeavor to have the following tests…

26B-8-229. Psychological autopsy examiner. (1) With funds appropriated by the Legislature for this purpose, the department shall provide compensation, at a standard rate determined by the department, to a psychological autopsy examiner. (2) The psychological autopsy examiner shal…

26B-8-230. Application for permit to render a dead body unavailable for postmortem investigation -- Medical examiner review fee. (1) Upon receiving an application by a person for a permit to render a dead body unavailable for postmortem investigation, the medical examiner shall d…

26B-8-231. Overdose fatality examiner. (1) Within funds appropriated by the Legislature, the department shall provide compensation, at a standard rate determined by the department, to an overdose fatality examiner. (2) The overdose fatality examiner shall: work with the medical e…

26B-8-232. Injury reporting requirements by health care provider -- Contents of report -- Penalties. (1) As used in this section: "Health care provider" means any person, firm, corporation, or association which furnishes treatment or care to persons who have suffered bodily injur…

26B-8-233. Family outreach specialist. (1) With funds appropriated by the Legislature for this purpose, the department shall provide compensation, at a standard rate determined by the department, to a family outreach specialist. (2) The family outreach specialist shall: engage wi…

26B-8-301. Definitions. As used in this part: (1) "Adult" means an individual who is at least 18 years old. (2) "Agent" means an individual: authorized to make health care decisions on the principal's behalf by a power of attorney for health care; or expressly authorized to make …

26B-8-302. Applicability. This part applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.

26B-8-303. Who may make anatomical gift before donor's death. Subject to Section, 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 Sectionby: (1) the…

26B-8-304. Manner of making anatomical gift before donor's death. (1) A donor may make an anatomical gift: by authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver license or identification card; in a will; d…

26B-8-305. Amending or revoking anatomical gift before donor's death. (1) Subject to Section, a donor or other person authorized to make an anatomical gift under Sectionmay amend or revoke an anatomical gift by: 26B-8-307 26B-8-303 a record signed by: the donor; the other person;…

26B-8-306. 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 record signed by: the individual; or subject to Subsection, another individual acting at the direction of the individual…

26B-8-307. Preclusive effect of anatomical gift, amendment, or revocation. (1) Except as otherwise provided in Subsectionand subject to Subsection, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or re…

26B-8-308. Who may make anatomical gift of decedent's body or part. (1) Subject to Subsectionsandand unless barred by Sectionor, an anatomical gift of a decedent's body or part for purpose of transplantation, therapy, research, or education may be made by any member of the follow…

26B-8-309. Manner of making, amending, or revoking anatomical gift of decedent's body or part. (1) A person authorized to make an anatomical gift under Sectionmay make an anatomical gift by a document of gift signed by the person making the gift or by that person's oral communica…

26B-8-310. 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 hospital, accredited medical school, dental school, college, university, organ procurement organization,…

26B-8-311. Search and notification. (1) The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a …

26B-8-312. 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 anatom…

26B-8-313. 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 Department of Public Safety and any donor registry t…

26B-8-314. 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.

26B-8-315. Sale or purchase of parts prohibited. (1) Except as otherwise provided in Subsection, 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 ind…

26B-8-316. 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 third degree felony.

26B-8-317. Immunity. (1) A person that acts in accordance with this part 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…

26B-8-318. 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: this part; the laws of the state or country where it was executed; or the laws of the state or countr…

26B-8-319. Donor registry. (1) The Department of Public Safety may establish or contract for the establishment of a donor registry. (2) The Driver License Division of the Department of Public Safety shall cooperate with a person that administers any donor registry that this state…

26B-8-320. Effect of anatomical gift on advance health care directive. (1) As used in this section: "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 conce…

26B-8-321. Cooperation between medical examiner and procurement organization. (1) A medical examiner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education. (2) If …

26B-8-322. Facilitation of anatomical gift from decedent whose body is under jurisdiction of medical examiner. (1) Upon request of a procurement organization, a medical examiner shall release to the procurement organization the name, contact information, and available medical and…

26B-8-323. Uniformity of application and construction. In applying and construing the uniform act in this part, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

26B-8-324. Relation to Electronic Signatures in Global and National Commerce Act. This act modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit or supersede Section 101(a) of that a…

26B-8-401. Definitions. As used in this part: (1) "Disclosure" or "disclose" means the communication of health data to any individual or organization outside the department. (2) "Health data" means any information, except vital records as defined in Section, relating to the healt…

26B-8-402. Powers of department to collect and maintain health data. The department may on a voluntary basis, except when there is specific legal authority to compel reporting of health data: (1) collect and maintain health data on: the extent, nature, and impact of illness and d…

26B-8-403. Quality and publication of statistics. The department shall: (1) take such actions as may be necessary to assure that statistics developed under this part are of high quality, timely, and comprehensive, as well as specific, standardized, and adequately analyzed and ind…

26B-8-404. Coordination of health data collection activities. (1) The department shall coordinate health data activities within the state to eliminate unnecessary duplication of data collection and maximize the usefulness of data collected. (2) Except as specifically provided, th…

26B-8-405. Uniform standards -- Powers of department. The department may: (1) participate and cooperate with state, local, and federal agencies and other organizations in the design and implementation of uniform standards for the management of health information at the federal, s…

26B-8-406. Disclosure of health data -- Limitations. The department may not make a disclosure of any identifiable health data unless: (1) one of the following persons has consented to the disclosure: the individual; the next-of-kin if the individual is deceased; the parent or leg…

26B-8-407. Disclosure of health data -- Discretion of department -- Exception. (1) Any disclosure provided for in Sectionshall be made at the discretion of the department. 26B-8-406 (2) Notwithstanding Subsection (1), the disclosure provided for in: Subsectionshall be made when t…

26B-8-408. Health data not subject to subpoena or compulsory process -- Exception. Identifiable health data obtained in the course of activities undertaken or supported under this part may not be subject to discovery, subpoena, or similar compulsory process in any civil or crimin…

26B-8-409. Department measures to protect security of health data. The department shall protect the security of identifiable health data by use of the following measures and any other measures adopted by rule: (1) limit access to identifiable health data to authorized individuals…