Under present law, 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 following classes of persons who is reasonably available, in the following order of priority: (1) A guardian or conservator of the person of the decedent at the time of death, if the court order authorizes the guardian or conservator to make healthcare decisions; (2) An agent; (3) The spouse of the decedent; (4) Adult children of the decedent; (5) Parents of the decedent; (6) Adult siblings of the decedent; (7) Adult grandchildren of the decedent; (8) Grandparents of the decedent; (9) A surrogate identified pursuant to the present law provision designating a surrogate; (10) An adult who exhibited special care and concern for the decedent; and (11) Any other person having the authority to dispose of the decedent's body. This bill requires an organ procurement organization to contact the classes of persons above, in the order of priority listed above, within five hours of the death of the decedent to inquire about donation of a part or whole of the decedent's body or to schedule to pick up the part or body of the decedent. If, after five hours of the death of the decedent, the organization fails or is unable to execute such duty, then a hospital, nurse, or physician may contact the persons from the list above in the same manner and for the same reasons as the organization.

Statutes affected:
Introduced: 62-5-305(b), 62-5-305