Revised Uniform Anatomical Gift Act.

WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0086

ENROLLED ACT NO. 31, SENATE

SIXTIETH LEGISLATURE OF THE STATE OF
WYOMING
2009 GENERAL SESSION

AN ACT relating to
anatomical gifts; repealing the Uniform Anatomical Gift Act and adopting the Revised Uniform Anatomical Gift Act;

making conforming amendments;
providing for the effectiveness of prior gifts;

and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 35
‑
5
‑
201 through 35
‑
5
‑
22
5
are created to read:

ARTICLE 2
REVISED UNIFORM ANATOMICAL GIFT ACT

35
‑
5
‑
20
1.

S
hort title
.

This act may be cited as the
"
Revised Uniform Anatomical Gift Act
"
.

35
‑
5
‑
20
2.

D
efinitions
.

(a
)

As used in t
his
act
:

(i
)

"
Agent
"
means an individual:

(
A
)

A
uthorized to make health-care decisions on the principal
'
s behalf by a power of attorney for health care; or

(B
)

E
xpressly authorized to make an anatomical gift on the principal
'
s behalf by any other record signed by the principal
.

(
ii
)

"
Anatomical gift
"
means a donation of all or part of a human body to take effect after the donor
'
s death for the purpose of transplantation, therapy, research or education
;

(
i
ii
)

"
Decedent
"
means a deceased individual whose body or part is or may be the source of an anatomical gift
.
The term includes a stillborn infant and, subject to restrictions imposed by law other than this
act
, a fetus
;

(
i
v)

"
Department
"
means the department of
transportation
;

(
v
)

"
Disinterested witness
"
means a witness other than the spouse, child, parent, sibling, grandchild, grandparent or guardian of the individual who makes, amends, revokes or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the individual
.
The term does not include a person to which an anatomical gift could pass under
W.S.
35
‑
5
‑
2
11
;

(
vi
)

"
Document of gift
"
means a donor card or other record used to make an anatomical gift
.
The term includes a statement or symbol on a driver
'
s license, identification card or donor registry
;

(
vi
i
)

"
Donor
"
means an individual whose body or part is the subject of an anatomical gift
;

(
vii
i
)

"
Donor registry
"
means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts
;

(
i
x
)

"
Driver
'
s license
"
means a license or permit issued by the
department
to operate a vehicle, whether or not conditions are attached to the license or permit
;

(
x
)

"
Eye bank
"
means a person
who
is licensed, accredited or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage or distribution of human eyes or portions of human eyes
;

(
x
i
)

"
Guardian
"
means a person appointed by a court to make decisions regarding the support, care, education, health or welfare of an individual
.
The term does not include a guardian ad litem
;

(
xi
i
)

"
Hospital
"
means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the
United States
, a state or a subdivision of a state
;

(
xi
ii
)

"
Identification card
"
means an identification card issued by the
department;

(
x
i
v
)

"
Know
"
means to have actual knowledge
;

(
xv
)

"
Organ procurement organization
"
means a person designated by the
s
ecretary of the
United States

d
epartment of
h
ealth and
h
uman
s
ervices as an organ procurement organization
;

(
xvi
)

"
Parent
"
means a parent whose parental rights have not been terminated
;

(
x
vii
)

"
Part
"
means an organ, an eye or tissue of a human being
.
The term does not include the whole body
;

(
x
viii
)

"
Physician
"
means an individual authorized to practice medicine or osteopathy under the law of any state
;

(
x
i
x
)

"
Procurement organization
"
means an eye bank, organ procurement organization or tissue bank
;

(
xx
)

"
Prospective donor
"
means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research or education
.
The term does not include an individual who has made a refusal
;

(
xxi
)

"
Reasonably available
"
means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift
;

(
xx
ii
)

"
Recipient
"
means an individual into whose body a decedent
'
s part has been or is intended to be transplanted
;

(
xx
ii
i
)

"
Record
"
means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form
;

(xx
i
v
)

"
Refusal
"
means a record created under
W.S. 35
‑
5
‑
20
7 that expressly states an intent to bar other persons from making an anatomical gift of an individual
'
s body or part
;

(
xxv
)

"
Sign
"
means, with the present intent to authenticate or adopt a record:

(A
)

T
o execute or adopt a tangible symbol; or

(B
)

T
o attach to or logically associate with the record an electronic symbol, sound or process.

(
xx
vi
)

"
State
"
means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States
;

(
xx
vii
)

"
Technician
"
means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited or regulated under federal or state law
.
The term includes an enucleator
;

(
xx
viii
)

"
Tissue
"
means a portion of the human body other than an organ or an eye
.
The term does not include blood unless the blood is donated for the purpose of research or education
;

(
xx
i
x
)

"
Tissue bank
"
means a person that is licensed, accredited or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage or distribution of tissue
;

(
xxx
)

"
Transplant hospital
"
means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients
;

(xxxi)

"This act" means W.S. 35
‑
5
‑
201 through 35
‑
5
‑
22
5
.

35
‑
5
‑
20
3.

Ap
plicability
.

This
act
applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.
All anatomical gifts
deemed
to be effective under
W
.S. 35
‑
5
‑
101 through 35
‑
5
‑
119, prior to its repeal by this enactment, shall continue to be deemed and regarded to be effective after the effective date of this act.

35
‑
5
‑
20
4.

W
ho may make anatomical gift before donor
'
s death
.

(a
)

Sub
ject to
W.S.
35
‑
5
‑
20
8, 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
W.S. 35
‑
5
‑
20
5 by:

(
i
)

T
he donor, if the donor is an adult or if the donor is a minor and is:

(A
)

E
mancipated; or

(B
)

A
uthorized under state law to apply for a driver
'
s license because the donor is at least
sixteen (16
)

years of age
.

(
ii
)

A
n agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift;

(iii
)

A
parent of the donor, if the donor is an unemancipated minor
to whom subparagraph (i)(B) of this subsection does not apply
; or

(
iv
)

T
he donor
'
s guardian
,

i
f the donor is an unemancipated minor
to whom subparagraph (i)(B) of this subsection does not apply.

35
‑
5
‑
20
5.

Manner of making anatomical gift before donor
'
s de
ath.

(a
)

A donor may make an anatomical gift:

(
i
)

B
y 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;

(
ii
)

I
n a will;

(
iii
)

D
uring a terminal illness or injury of the donor, by any form of communication addressed to at least two
(2)
adults, at least one
(1)
of whom is a disinterested witness; or

(
iv
)

A
s provided in subsection (b
)

of this section
.

(b
)

A donor or other person authorized to make an anatomical gift under
W.S.
35
‑
5
‑
20
4 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry
.
If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and
shall
:

(i
)

B
e witnessed by at least two
(2)
adults, at least one
(1)
of whom is a disinterested witness, who have signed at the request of the donor or the other person; and

(
ii
)

S
tate that it has been signed and witnessed as provided in paragraph
(i
)

of this subsection
.

(c
)

Revocation, suspension, expiration or cancellation of a driver
'
s license or identification card upon which an anatomical gift is indicated does not invalidate the gift.

(d
)

An anatomical gift made by will takes effect upon the donor
'
s death whether or not the will is probated
.
Invalidation of the will after the donor
'
s death does not invalidate the gift.

35
‑
5
‑
20
6.

Amending or revoking anatomical gift before donor
'
s death
.

(a
)

Subject to
W.S.
35
‑
5
‑
20
8, a donor or other person authorized to make an anatomical gift under
W.S.
35
‑
5
‑
20
4 may amend or revoke an anatomical gift by:

(
i)

A record signed by:

(A
)

The donor;

(B
)

The other person; or

(C
)

Subject to subsection (b)
of this section
, another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign
.

(i
i
)

A later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency
.

(b
)

A record signed pursuant to
subparagraph
(a)
(i)
(C
)
of this section

shall
:

(i
)

B
e witnessed by at least two
(2)
adults, at least one
(1)
of whom is a disinterested witness, who have signed at the request of the donor or the other person; and

(ii
)

S
tate that it has been signed and witnessed as provided in paragraph
(i)
of this subsection
.

(c
)

Subject to
W.S.
35
‑
5
‑
20
8, a donor or other person authorized to make an anatomical gift under
W.S.
35
‑
5
‑
20
4 may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.

(d
)

A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two
(2)
adults, at least one
(1)
of whom is a disinterested witness.

(e
)

A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection (a)
of this section
.

35
‑
5
‑
20
7.

R
efusal to make anatomical gift; effect of refusal
.

(a
)

An
individual may refuse to make an anatomical gift of the individual
'
s body or part by:

(i
)

A
record signed by:

(A
)

T
he individual; or

(B
)

S
ubject to subsection (b
)

of this section
, another individual acting at the direction of the individual if the individual is physically unable to sign
.

(ii
)

T
he individual
'
s will, whether or not the will is admitted to probate or invalidated after the individual
'
s death; or

(iii
)

A
ny form of communication made by the individual during the individual
'
s terminal illness or injury addressed to at least two
(2)
adults, at least one
(1)
of whom is a disinterested witness.

(b
)

A record signed pursuant to
subparagraph
(a)
(i)
(B
)

of this section
shall
:

(i
)

B
e witnessed by at least two
(2)
adults, at least one
(1)
of whom is a disinterested witness, who have signed at the request of the individual; and

(ii
)

S
tate that it has been signed and witnessed as provided in paragraph
(i)
of this subsection
.

(c
)

An individual who has made a refusal may amend or revoke the refusal:

(i
)

I
n the manner provided in subsection (a
)
of this section

for making a refusal;

(ii
)

B
y subsequently making an anatomical gift pursuant to
W.S.
35
‑
5
‑
20
5 that is inconsistent with the refusal; or

(iii
)

B
y destroying or cance
l
ling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.

(d
)

Except as otherwise provided in
W.S.
35
‑
5
‑
20
8(h), in the absence of an express, contrary indication by the individual set forth in the refusal, an individual
'
s unrevoked refusal to make an anatomical gift of the individual
'
s body or part bars all other persons from making an anatomical gift of the individual
'
s body or part.

35
‑
5
‑
20
8.

P
reclusive effect of anatomical gift, amendment or revocation
.

(a
)

Except as otherwise provided in subsection (g
)

and subject to 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 anatomical gift of a donor
'
s body or part if the donor made an anatomical gift of the donor
'
s body or part under
W.S.
35
‑
5
‑
20
5 or an amendment to an anatomical gift of the donor
'
s body or part under
W.S.
35
‑
5
‑
20
6.

(b
)

A donor
'
s revocation of an anatomical gift of the donor
'
s body or part under
W.S.
35
‑
5
‑
20
6 is not a refusal and does not bar another person specified in
W.S.
35
‑
5
‑
20
4 or
35
‑
5
‑
20
9 from making an anatomical gift of the donor
'
s body or part under
W.S.
35
‑
5
‑
20
5 or
35
‑
5
‑
2
10.

(c
)

If a person other than the donor makes an unrevoked anatomical gift of the donor
'
s body or part under
W.S.
35
‑
5
‑
20
5 or an amendment to an anatomical gift of the donor
'
s body or part under
W.S.
35
‑
5
‑
20
6, another person may not make, amend or revoke the gift of the donor
'
s body or part under
W.S.
35
‑
5
‑
2
10.

(d
)

A revocation of an anatomical gift of a donor
'
s body or part under
W.S.
35
‑
5
‑
20
6 by a person other than the donor does not bar another person from making an anatomical gift of the body or part under
W.S. 35
‑
5
‑
20
5 or
35
‑
5
‑
2
10.

(e
)

In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under
W.S. 35
‑
5
‑
20
4, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.

(f
)

In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under
W.S. 35
‑
5
‑
20
4, an anatomical gift of a part for one
(1)
or more of the purposes set forth in
W.S. 35
‑
5
‑
20
4 is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under
W.S. 35
‑
5
‑
20
5 or
35
‑
5
‑
2
10.

(g
)

If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor
'
s body or part.

(h
)

If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor
'
s refusal.

35
‑
5
‑
20
9.

Who
may make anatomical gift of decedent
'
s body or part
.

(a
)

Subject to subsections (b
)

and (c
)

of this section
and unless barred by
W.S. 35
‑
5
‑
20
7 or
35
‑
5
‑
20
8, 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 order of priority listed:

(i
)

A
n agent of the decedent at the time of death who could have made an anatomical gift under
W.S. 35
‑
5
‑
20
4
(a)
(ii
)

immediately before the decedent
'
s death;

(ii
)

The
spouse of the decedent;

(iii
)

Adult
children of the decedent;

(iv
)

Parents
of the decedent;

(v
)

Adult
siblings of the decedent;

(vi
)

Adult
grandchildren of the decedent;

(vii
)

Grandparents
of the decedent;

(viii
)

An
adult who exhibited special care and concern for the decedent;

(ix
)

The
persons who were acting as the guardians of the person of the decedent at the time of death; and

(
x)

Any
other person having the authority to dispose of the decedent
'
s body.

(b
)

If there is more than one
(1)
member of a class listed in
paragraph

(i)
,
(iii)
,
(iv)
,
(v)
,
(vi)
,
(vii)
or
(ix
)

of subsection (a) of this section
entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under
W.S. W.S. 35
‑
5
‑
2
11 knows of an objection by another member of the class
.
If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.

(c
)

A person may not make an anatomical gift if, at the time of the decedent
'
s death, a person in a prior class under subsection (a
)
of this section
is reasonably available to make or to object to the making of an anatomical gift.

35
‑
5
‑
2
10.

Manner of making, amending or revoking anatomical gift of
decedent
'
s
body or part
.

(a
)

A person authorized to make an anatomical gift under
W.S. 35
‑
5
‑
20
9 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 is contemporaneously reduced to a record and signed by the individual receiving the oral communication.

(b
)

Subject to subsection (c)
of this section
, an anatomical gift by a person authorized under
W.S. 35
‑
5
‑
20
9 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available
.
If more than one
(1)
member of the prior class is reasonably available, the gift made by a person authorized under
W.S. 35
‑
5
‑
20
9 may be:

(i
)

Amended
only if a majority of the reasonably available members agree to the amending of the gift; or

(ii
)

Revoked
only if a majority of the reasonably available members agree to the
revocation
of the gift or if they are equally divided as to whether to revoke the gift.

(c
)

A revocation under subsection (b
)

of this section
is effective only if, before an incision has been made to remove a part from the donor
'
s body or before invasive procedures have begun to prepare the recipient, the procurement or
ganization, transplant hospital
or physician or technician knows of the revocation.

35
‑
5
‑
2
11.

Persons that may receive anatomical gift; purpose of anatomical gift
.

(a
)

An anatomical gift may be made

to the following persons named in the document of gift:

(i
)

For purposes of research or education, a
hospital
,
accredited medical school, dental school, college or university
,

organ procurement organization
or any appropriate person
;

(
i
i
)

Subject
to subsection (b)
of this section
, an individual designated by the person making the anatomical gift if the individual is the recipient of the part;

(i
ii
)

A

n
amed
eye bank or tissue bank.

(b
)

If an anatomical gift to an individual under
paragraph
(a)
(ii
)

of this section
cannot be transplanted into the individual, the part passes in accordance with subsection (g
)

of this section
in the absence of an express, contrary indication by the person making the anatomical gift.

(c
)

If an anatomical gift of one
(1)
or more specific parts or of all parts is made in a document of gift that does not name a person described in subsection (a
)
of this section

but identifies the purpose for which an anatomical gift may be used, the following rules apply:

(i
)

If the part is an eye and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate eye bank
;

(ii
)

If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank
;

(iii
)

If the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as custodian of the organ
;

(iv
)

If the part is an organ, an eye or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate procurement organization
.

(d
)

For the purpose of subsection (c)
of this section
, if there is more than one
(1)
purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority,
t
he gift
shall
be used for transplantation or therapy, if suitable
.
If the gift cannot be used for transplantation or therapy, the gift may be used for research or education.

(e
)

If an anatomical gift of one
(1)
or more specific parts is made in a document of gift that does not name a person described in subsection (a
)
of this section

and does not identify the purpose of the gift, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (g)
of this section
.

(f
)

If a document of gift specifies only a general intent to make an anatomical gift by words such as
"
donor
,
"

"
organ donor
,
"
or
"
body donor
,
"
or by a symbol or statement of similar import, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (g)
of this section
.

(g
)

For purposes of subsections (b), (e) and (f
)
of this section,
the following rules apply:

(i
)

If the part is an eye, the gift passes to the appropriate eye bank
;

(ii
)

If the part is tissue, the gift passes to the appropriate tissue bank
;

(iii
)

If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ.

(h
)

An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under
paragraph
(a)
(ii)
of this section
, passes to the organ procurement organization as custodian of the organ.

(
j
)

If an anatomical gift does not pass pursuant to subsections (a
)

through (h
)
of this section
or the decedent
'
s body or part is not used for transplantation, therapy, research or education, custody of the body or part passes to the person under obligation to dispose of the body or part.

(k
)

A person may not accept an anatomical gift if the person knows that the gift was not effectively made under
W.S. 35
‑
5
‑
20
5 or
35
‑
5
‑
2
10 or if the person knows that the decedent made a refusal under
W.S. 35
‑
5
‑
20
7 that was not revoked
.
For purposes of th
is
subsection, if a person knows that an anatomical gift was made on a document of gift, the person is deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift.

(
m
)

Except as otherwise provided in
paragraph
(a)
(ii)
of this section
, nothing in this
act
affects the allocation of organs for transplantation or therapy.

35
‑
5
‑
2
1
2
.

Delivery of document of gift not required; right to examine
.

(a
)

A document of gift need not be delivered during the donor
'
s lifetime to be effective.

(b
)

Upon 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 of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under
W.S. 35
‑
5
‑
2
11.

35
‑
5
‑
2
1
3
.

Rights and duties of procurement organization and others
.

(a
)

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
and any donor registry that it knows exists for the geographical area in which the individual resides to ascertain whether the individual has made an anatomical gift.

(b
)

A procurement organization
shall
be allowed reasonable access to information in the records of the
department
to ascertain whether an individual at or near death is a donor.

(c
)

When a hospital refers an individual at or near death to a procurement organization, the organization may conduct any reasonable examination necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research or education from a donor or a prospective donor
.
During the examination period, measures necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent.

(d
)

Unless prohibited by law other than this
act
, at any time after a donor
'
s death, the person to
whom
a part passes under
W.S. 35
‑
5
‑
2
11 may conduct any reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose.

(e
)

Unless prohibited by law other than this
act
, an examination under subsection (c
)

or (d
)
of this section
may include an examination of all medical and dental records of the donor or prospective donor.

(f
)

Upon the death of a minor who was a donor or had signed a refusal, unless a procurement organization knows the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal.

(g
)

Upon referral by a hospital under subsection (a)
of this section
, a procurement organization shall make a reasonable search for any person listed in
W.S. 35
‑
5
‑
20
9 having priority to make an anatomical gift on behalf of a prospective donor
.
If a procurement organization receives information that an anatomical gift to any other person was made, amended or revoked, it shall promptly advise the other person of all relevant information.

(h
)

Subject to
W.S. 35
‑
5
‑
2
11(
j
)

and
35
‑
5
‑
2
23, the rights of the person to
whom
a part passes under
W.S. 35
‑
5
‑
2
11 are superior to the rights of all others with respect to the part
.
The person may accept or reject an anatomical gift in whole or in part
.
Subject to the terms of the document of gift and this
act
, a person
who
accepts an anatomical gift of an entire body may allow embalming, burial or cremation, and use of remains in a funeral service
.
If the gift is of a part, the person to
whom
the part passes under
W.S. 35
‑
5
‑
2
11, upon the death of the donor and before embalming, burial or cremation, shall cause the part to be removed without unnecessary mutilation.

(
j
)

Neither the physician who attends the decedent at death nor the physician who determines the time of the decedent
'
s death may participate in the procedures for removing or transplanting a part from the decedent.

(
k
)

A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove.

35
‑
5
‑
2
1
4
.

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.

35
‑
5
‑
2
1
5
.

Sale
or purchase of parts prohibit
ed.

(a
)

Except as otherwise provided in subsection (b)
of this section
, 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 commits a
felony

punishable by imprisonment for not more than five (5) years,
a fine
of not more than fifty thousand dollars (
$50,000
.00)
or
both
.

(b
)

A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation or disposal of a part.

35
‑
5
‑
2
1
6
.

Other prohibited acts
.

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 commits a
misdemeanor

punishable by imprisonment for not more than
on
e (
1
) year,
a fine
of not more than
one
thousand dollars (
$
1
,000
.00)
or
both
.

35
‑
5
‑
2
1
7
.

Immunity
.

(a
)

A person
who
acts in accordance with this
act
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.

(b
)

Neither the person making an anatomical gift nor the donor
'
s estate is liable for any injury or damage that results from the making or use of the gift.

(c
)

In determining whether an anatomical gift has been made, amended or revoked under this
act
, a person may rely upon representations of an individual listed in
W.S. 35
‑
5
‑
20
9(a)
(ii)
,
(iii)
,
(iv)
,
(v)
,
(vi)
,
(vii)
or
(viii
)
relating to the individual
'
s relationship to the donor or prospective donor unless the person knows that the representation is untrue.

35
‑
5
‑
2
1
8
.

Law governing validity; choice of law as to execution of document of gift; presumption of validity
.

(a
)

A document of gift is valid if executed in accordance with:

(i
)

This

act
;

(ii
)

The
laws of the state or country where it was executed; or

(iii
)

T
he 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 the time the document of gift was executed.

(b
)

If a document of gift is valid under this section, the law of this state governs the interpretation of the document of gift.

(c
)

A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.

35
‑
5
‑
2
19
.

Donor registry
.

(a)

The
department
shall electronically transfer to a procurement
organization
the information that appears on the front of the driver
'
s license or identification card
, to
includ
e
the name, gender, date of birth, social security number

if it appears on the license or card
, driver
'
s license or identification card number, issue date or renewal date and address of the individual identified as a donor. The
department
shall also electronically transfer any subsequent change
in
the donor
'
s status, including revocation of the gift. The
department
shall submit
to the department of health
a statement of costs incurred to initially install and establish the electronic transfer of donor information. The department of health shall direct the state auditor to reimburse the
department
for the costs from the anatomical awareness account under W.S. 35
‑
5
‑
22
5
to the extent there are funds in that account
. There shall be no charge to a procurement
organization
for the transfer of donor information.

(b)

With the information obtained from the
department
and from other sources including donors and donors
'
agents pursuant to W.S. 35
‑
5
‑
205
(b), the procurement
organization
shall establish and maintain a statewide organ and tissue donor registry to facilitate organ and tissue donations. The cost incurred to create and maintain the registry shall be paid by the procurement
organization
.
Registry information shall be accessible to any procurement
organization
located in
Wyoming
and may be disseminated to a procurement
organization
in another state for the recovery or placement of organs and tissue
.
Registry information may also be disseminated to
Wyoming
eye banks under this section.

(c
)

A donor registry
shall
:

(i
)

Allow
a donor or other person authorized under
W.S. 35
‑
5
‑
20
4 to include on the donor registry a statement or symbol that the donor has made, amended or revoked an anatomical gift;

(ii
)

B
e accessible to a procurement organization to allow it to obtain relevant information on the donor registry to determine, at or near death of the donor or a prospective donor, whether the donor or prospective donor has made, amended or revoked an anatomical gift; and

(iii
)

Be
accessible for purposes of paragraphs
(i
)
and
(ii
)

of this subsection
seven
(7)
days a week on a
twenty-four (
24
)
hour basis.

(d
)

Personally identifiable information on a donor registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor, prospective donor or person
who
made the anatomical gift for any purpose other than to determine, at or near death of the donor or prospective donor, whether the donor or prospective donor has made, amended or revoked an anatomical gift.

(e
)

This section does not prohibit any person from creating or maintaining a donor registry that is not established by or under contract with the state
.
Any such registry
shall
comply with subsections (c
)

and (d)
of this section
.

35
‑
5
‑
2
2
0
.

Effect of anatomical gift on advance health care directive
.

(a
)

In this section:

(i
)

"
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 a health-care decision for the prospective donor
;

(ii
)

"
Declaration
"
means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withd
rawn from the prospective donor;

(iii
)

"
Health-care decision
"
means any decision regarding the health care of the prospective donor
.

(b
)

If a prospective donor has a declaration or advance health-care directive and the terms of the declaration or directive and the express or implied terms of a potential anatomical gift are in conflict with regard to the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy, the prospective donor
'
s attending physician and prospective donor shall confer to resolve the conflict. If the prospective donor is incapable of resolving the conflict, an agent acting under the prospective donor
'
s declaration or directive, or, if none or the agent is not reasonably available, another person authorized by law other than this
act
to make health-care decisions on behalf of the prospective donor, shall act for the donor to resolve the conflict. The conflict
shall
be resolved as expeditiously as possible. Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift for the prospective donor under
W.S. 35
‑
5
‑
20
9. Before resolution of the conflict, measures necessary to ensure the medical suitability of the part may not be withheld or withdrawn from the prospective donor if withholding or withdrawing the measures is not contraindicated by appropriate end-of-life care.

35
‑
5
‑
2
2
1
.

Cooperation between coroner and procurement organization
.

(a
)

A
coroner
shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research or education.

(b
)

If a coroner receives notice from a procurement organization that an anatomical gift might be available or was made with respect to a decedent whose body is under the jurisdiction of the
coroner
and a post-mortem examination is going to be performed, unless the
coroner
denies recovery in accordance with
W.S. 35
‑
5
‑
2
23, the
coroner
or designee shall conduct a post-mortem examination of the body or the part in a manner and within a period compatible with its preservation for the purposes of the gift.

(c
)

A part may not be removed from the body of a decedent under the jurisdiction of a coroner for transplantation, therapy, research or education unless the part is the subject of an anatomical gift
.
The body of a decedent under the jurisdiction of the
coroner
may not be delivered to a person for research or education unless the body is the subject of an anatomical gift
.
This subsection does not preclude a
coroner
from performing the medicolegal investigation upon the body or parts of a decedent under the jurisdiction of the
coroner
.

35
‑
5
‑
2
2
2
.

Facilitation of anatomical gift from decedent whose body is under jurisdiction of coroner
.

(a
)

Upon request of a procurement organization, a
coroner
shall release to the procurement organization the name, contact information and available medical and social history of a decedent whose body is under the jurisdiction of the
coroner
.
If the decedent
'
s body or part is medically suitable for transplantation, therapy, research or education, the
coroner
shall release post-mortem examination results to the procurement organization
.
The procurement organization may make a subsequent disclosure of the post-mortem examination results or other information received from the
coroner
only if relevant to transplantation or therapy.

(b
)

The
coroner
may conduct a medicolegal examination by reviewing all medical records, laboratory test results, x-rays, other diagnostic results and other information that any person possesses about a donor or prospective donor whose body is under the jurisdiction of the
coroner
which the
coroner
determines may be relevant to the investigation.

(c
)

A person
who
has any information requested by a
coroner
pursuant to subsection (b
)
of this section

shall provide that information as expeditiously as possible to allow the
coroner
to conduct the medicolegal investigation within a period compatible with the preservation of parts for the purpose of transplantation, therapy, research or education.

(d
)

If an anatomical gift has been or might be made of a part of a decedent whose body is under the jurisdiction of the
coroner
and a post-mortem examination is not required, or the
coroner
determines that a post-mortem examination is required but that the recovery of the part that is the subject of an anatomical gift will not interfere with the examination, the
coroner
and procurement organization shall cooperate in the timely removal of the part from the decedent for the purpose of transplantation, therapy, research or education.

(e
)

If an anatomical gift of a part from the decedent under the jurisdiction of the
coroner
has been or might be made, but the
coroner
initially believes that the recovery of the part could interfere with the post-mortem investigation into the decedent
'
s cause or manner of death, the
coroner
shall consult with the procurement organization or physician or technician designated by the procurement organization about the proposed recovery
.
After consultation, the
coroner
may
deny
the recovery.

(f)

The coroner and procurement organization shall enter into an agreement establishing protocols and procedures governing relations between them when the coroner believes that the recovery of a part for anatomical gift from a decedent whose body is under the jurisdiction of the coroner could interfere with the post-mortem investigation into the decedent's cause or manner of death or the documentation or preservation of evidence. Decisions regarding the recovery of a part from the decedent shall be made in accordance with the agreement.

(g
)

If the
coroner
or designee denies recovery under subsection (f)
of this section
, the
coroner
or designee shall:

(i
)

E
xplain in a record the specific reasons for not allowing recovery of the part;

(ii
)

Include
the specific reasons in the records of the
coroner
; and

(iii
)

Provide
a record with the specific reasons to the procurement organization.

(h
)

If the
coroner
or designee allows recovery of a part under subsection (d), (e) or (f)
of this section
, the procurement organization, upon request, shall cause the physician or technician who removes the part to provide the
coroner
with a record describing the condition of the part, a biopsy, a photograph and any other information and observations that would assist in the post-mortem examination.

(
j
)

If a
coroner
or designee is required to be present at a removal procedure under subsection (f)
of this section
, upon request the procurement organization requesting the recovery of the part shall reimburse the
coroner
or designee for the additional costs incurred in complying with subsection (f)
of this section
.

35
‑
5
‑
2
2
3
.

Uniformity of application and construction
.

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

35
‑
5
‑
2
2
4
.

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. Section 7001 et seq., but does not modify, limit or supersede Section 101(a
)

of that act, 15 U.S.C. Section 7001, or authorize electronic delivery of any of the notices described in Section 103(b
)

of that act, 15 U.S.C. Section 7003(b).

35
‑
5
‑
22
5
.

Promotion of anatomical gifts.

Any money received from donations by owners of vehicles under W.S. 31
‑
3
‑
101(h) shall be deposited into a separate
anatomical awareness
account to be used by the department
of health
and its advisory council to promote general public awareness and education for the procurement of organ and tissue donations for anatomical gifts pursuant to this act.

Section 2.

W.S. 6
‑
4
‑
502(b)(v)
, 31
‑
3
‑
101(h),
31
‑
7
‑
111
(b)(viii), 31
‑
7
‑
139(a)
,
31
‑
8
‑
101(a)
and 35
‑
4
‑
607

are
amended to read:

6
‑
4
‑
502.

Mutilation of dead human bodies; penalties; exceptions.

(b)

This section does not apply to:

(v)

Conduct authorized by the
Revised
Uniform Anatomical Gift Act,
W.S.

35
‑
5
‑
101 through 35
‑
5
‑
119

35
‑
5
‑
201 through 35
‑
5
‑
22
5
.

31
‑
3
‑
101.

Registration fees; exemptions.

(h)

Any owner of a vehicle who wishes to donate money to promote awareness and education efforts for procurement of organ and tissue donations for anatomical gifts shall be provided space on the registration form to do so pursuant to W.S. 31
‑
2
‑
201(b)(v)
.
Any money received under this subsection shall be forwarded by the county treasurer to the state treasurer to be deposited into a separate account to be used as provided by W.S.
35
‑
5
‑
118
35
‑
5
‑
22
5
.

31
‑
7
‑
111.

Application for license or permit generally.

(b)

The application shall include:

(viii)

An organ donor notation pursuant to W.S.
35
‑
5
‑
112

35
‑
5
‑
205
;

31
‑
7
‑
139.

Anatomical organ donor.

(a)

The department shall, at the applicant
'
s request, identify on the
Wyoming
driver
'
s license or identification card that the person is an anatomical organ donor as provided by W.S.
35
‑
5
‑
112

35
‑
5
‑
205
.

31
‑
8
‑
101.

Issuance to residents by department; restrictions.

(a)

Any
Wyoming
resident may be issued an identification card by the department of transportation
.
The application shall state the legal name, correct age and any other identifying data the department may require and shall be signed and verified by the applicant. The identification card shall at the applicant
'
s request indicate that the applicant is an anatomical organ donor as provided by W.S.
35
‑
5
‑
112

35
‑
5
‑
205
.

35
‑
4
‑
607.

Who may have bodies in possession.

Any regularly licensed physician or dentist of the state
,

or

any medical student who is a regular matriculate of a recognized medical college, under authority of such physician,
or any person authorized by the Revised Uniform Anatomical Gift Act

may have in his possession human dead bodies, or parts thereof, lawfully obtained, for the purpose of anatomical inquiry or dissection.

Section
3
.

W.S. 35
‑
5
‑
101 through 35
‑
5
‑
119 are repealed.

Section
4
.

Commencing with the
fiscal
year beginning July 1, 2009, any funds in the account established by W.S. 35
‑
5
‑
118 shall be transferred by the state treasurer to the account established by
W
.S. 35
‑
5
‑
22
5
.

Section
5.

This act is effective July 1, 2009.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1