02-05 15:22 1st Sub. (Buff) H.B. 349
Doug Owens proposes the following substitute bill:
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Organ Donation Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Doug Owens
Senate Sponsor:
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LONG TITLE
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General Description:
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This bill addresses public awareness of organ donation.
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Highlighted Provisions:
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This bill:
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▸ requires information about the option to register as an organ donor to be provided in
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connection with:
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● a license, permit, or certificate of registration to be used for hunting, fishing, trapping,
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seining, or dealing in furs;
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● driver education;
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● a preneed funeral arrangement contract;
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● individual income tax booklets;
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● procurement contracts; and
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● health care directives;
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▸ requires the Division of Wildlife Resources to provide an online form by which an
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individual can register as an organ donor;
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▸ designates the third full week of April as Organ Donor Awareness Week; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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23A-4-202, as renumbered and amended by Laws of Utah 2023, Chapter 103
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53B-1-111, as last amended by Laws of Utah 2023, Chapter 328
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53G-10-502, as last amended by Laws of Utah 2021, Chapter 247
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58-9-701, as last amended by Laws of Utah 2012, Chapter 30
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59-10-103.1, as last amended by Laws of Utah 2022, Chapter 258
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63G-1-401, as last amended by Laws of Utah 2024, Chapter 377
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75A-3-207, as renumbered and amended by Laws of Utah 2024, Chapter 364
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ENACTS:
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23A-1-207, Utah Code Annotated 1953
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63G-6a-122, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 23A-1-207 is enacted to read:
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23A-1-207 . Organ donation.
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(1) As used in this section:
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(a) "Donor" means the same as that term is defined in Section 26B-8-301.
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(b) "Donor registry" means the same as that term is defined in Section 26B-8-301.
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(2) On the division's website, the division shall:
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(a) provide information about the option to register as a donor, as that term is defined in
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Section 26B-8-301; and
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(b) provide a form by which an individual can elect to register as a donor and provide
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the information necessary to register as a donor.
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(3) The division shall submit information submitted through the form described in
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Subsection (2)(b) to a donor registry established under Section 26B-8-319.
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Section 2. Section 23A-4-202 is amended to read:
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23A-4-202 . License, permit, and certificate forms prescribed by Wildlife Board.
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(1)(a) [The] Subject to Subsection (1)(b), the Wildlife Board shall prescribe the form of a
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license, permit, or certificate of registration to be used for hunting, fishing, trapping,
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seining, and dealing in furs.
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(b) The Wildlife Board shall require that a license, permit, or certificate of registration to
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be used for hunting, fishing, trapping, seining, or dealing in furs include, on the
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license, permit, or certification or in paper-based or electronic materials that are
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provided contemporaneously with the license, permit, or certification, information
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about the option to register as a donor, as that term is defined in Section 26B-8-301,
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and instructions for accessing a donor registry established under Section 26B-8-319.
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(2) A license, permit, or certificate of registration may be paper-based or in electronic
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format pursuant to the rules made by the Wildlife Board in accordance with Title 63G,
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Chapter 3, Utah Administrative Rulemaking Act.
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(3) A license issued pursuant to Section 23A-4-305 shall be designated as such by a code
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number and may not contain a reference to the licensee's disability.
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Section 3. Section 53B-1-111 is amended to read:
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53B-1-111 . Organ donation notification.
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(1) As used in this section:
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(a) "Donor" means the same as that term is defined in Section [26B-4-137] 26B-8-301.
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(b) "Donor registry" means the same as that term is defined in Section [26B-4-137]
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26B-8-301.
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(c) "Institution of higher education" means an institution as described in Section
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53B-3-102.
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(2)(a) An institution of higher education shall distribute, twice each academic year to
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each enrolled student:
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(i) an electronic message notifying each student of the option to register as a donor by
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selecting the Internet link described in Subsection (2)(a)(ii); and
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(ii) through the electronic message described in Subsection (2)(a)(i) an Internet link
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to a website for a donor registry established under Section 26B-8-319.
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(b) An institution of higher education may also provide to students information on donor
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registry by other electronic, printed, or in-person means.
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Section 4. Section 53G-10-502 is amended to read:
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53G-10-502 . Driver education established by a local education agency.
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(1)(a) A local education agency may establish and maintain driver education for pupils.
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(b) A school or local education agency that provides driver education shall provide an
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opportunity for each pupil enrolled in that school or local education agency to take
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the written test when the pupil is 15 years and nine months [of age] old.
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(c) Notwithstanding the provisions of Subsection (1)(b), a school or local education
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agency that provides driver education may provide an opportunity for each pupil
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enrolled in that school or local education agency to take the written test when the
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pupil is 15 years [of age] old.
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(2) The purpose of driver education is to help develop the knowledge, attitudes, habits, and
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skills necessary for the safe operation of motor vehicles.
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(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
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state board shall make rules for driver education offered in the public schools.
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(4) The rules under Subsection (3) shall:
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(a) require at least one hour of classroom training on the subject of railroad crossing
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safety for each driver education pupil;
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(b) require instruction, based on data and information provided by the Division of Air
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Quality, on:
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(i) ways drivers can improve air quality; and
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(ii) the harmful effects of vehicle emissions;[ and]
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(c) require at least 30 minutes of instruction on the subject of organ donation, including
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information regarding the option to register as a donor, as that term is defined in
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Section 26B-8-301, and instructions for accessing a donor registry established under
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Section 26B-8-319; and
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(d) establish minimum standards for approved driving ranges under Section 53-3-505.5.
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(5) The requirements of Section 53-3-505.5 apply to any behind-the-wheel driving training
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provided as part of driver education offered under this part and used to satisfy the driver
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training requirement under Section 53-3-204.
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Section 5. Section 58-9-701 is amended to read:
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58-9-701 . Preneed contract requirements.
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(1)(a) A preneed funeral arrangement sold in Utah shall be evidenced by a written
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contract.
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(b) The funeral service establishment shall maintain a copy of the contract until five
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years after all of the establishment's obligations under the contract have been
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executed.
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(c) At the same time a sales agent or funeral service director provides a written contract
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of a preneed funeral arrangement to a buyer, the sales agent or funeral director shall
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distribute to the buyer a written or electronic message notifying the buyer of the
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option to register as a donor, as that term is defined in Section 26B-8-301, and
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providing instructions for accessing a donor registry established under Section
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26B-8-319.
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(2) The form for a written contract of a preneed funeral arrangement under Subsection (1)
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shall:
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(a) be written in clear and understandable language printed in an easy-to-read type size
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and font;
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(b) bear the preprinted name, address, telephone number, and license number of the
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funeral service establishment obligated to provide the services under the contract
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terms;
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(c) clearly identify that the contract is a guaranteed product contract;
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(d) provide that a trust is established in accordance with the provisions of Section
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58-9-702;
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(e) if the contract is funded by an insurance policy or product, provide that the insurance
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policy or product is filed with the Insurance Department and meets the requirements
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of Title 31A, Insurance Code; and
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(f) conform to other standards created by rules made by division under Title 63G,
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Chapter 3, Utah Administrative Rulemaking Act, to protect the interests of buyers
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and potential buyers.
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(3) A preneed funeral arrangement contract shall provide for payment by the buyer in a
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form which may be liquidated by the funeral service establishment within 30 days after
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the day the funeral service establishment or sales agent receives the payment.
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(4) A preneed funeral arrangement contract may not be revocable by the funeral service
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establishment except:
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(a) in the event of nonpayment; and
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(b) under terms and conditions clearly set forth in the contract.
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(5)(a) A preneed funeral arrangement contract may not be revocable by the buyer or
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beneficiary except:
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(i) in the event of:
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(A) a substantial contract breach by the funeral service establishment; or
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(B) substantial evidence that the funeral service establishment is or will be unable
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to provide the personal property or services to the beneficiary as provided
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under the contract; or
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(ii) under terms and conditions clearly set forth in the contract.
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(b) The preneed funeral arrangement contract shall contain a clear statement of the
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manner in which payments made on the contract shall be refunded to the buyer or
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beneficiary upon revocation by the beneficiary.
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(6)(a) A preneed funeral arrangement contract shall provide the buyer the option to
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require the funeral service establishment to furnish a written disclosure to a person
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who does not live at the same residence as the buyer.
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(b) The preneed funeral arrangement buyer may choose:
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(i) a full disclosure containing a copy of the entire preneed funeral arrangement
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contract;
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(ii) a partial disclosure informing the recipient of:
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(A) the existence of a preneed funeral arrangement contract; and
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(B) the name, address, telephone number, and license number of the funeral
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service establishment obligated to provide the services under the preneed
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funeral arrangement contract; or
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(iii) not to require the funeral service establishment to furnish a written disclosure to
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another person.
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Section 6. Section 59-10-103.1 is amended to read:
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59-10-103.1 . Information to be contained on individual income tax returns or
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booklets.
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(1) The commission shall print the phrase "all state income tax dollars support education,
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children, and individuals with disabilities" on:
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(a) the first page of an individual income tax return; and
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(b) the cover page of an individual income tax forms and instructions booklet.
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(2) The commission shall include on an individual income tax return a statement for a
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property owner to declare that the property owner no longer qualifies to receive a
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residential exemption authorized under Section 59-2-103 for that property owner's
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primary residence.
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(3) The commission shall include in each instruction booklet information about the option
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to register as a donor, as that term is defined in Section 26B-8-301, and instructions for
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accessing a donor registry established under Section 26B-8-319.
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Section 7. Section 63G-1-401 is amended to read:
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63G-1-401 . Commemorative periods.
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(1) As used in this section, "commemorative period" means a special observance declared
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by the governor that annually recognizes and honors a culturally or historically
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significant day, week, month, or other time period in the state.
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(2)(a) The governor may declare a commemorative period by issuing a declaration.
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(b) The governor shall maintain a list of all commemorative periods declared by the
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governor.
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(3)(a) The governor's declaration of a commemorative period expires the year
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immediately following the day on which the governor issues the declaration.
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(b) Subsection (3)(a) does not prevent the governor from redeclaring a commemorative
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period before or after the commemorative period expires.
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(4) Notwithstanding Subsections (2) and (3), the following days shall be commemorated
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annually:
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(a) Utah History Day at the Capitol, on the Friday immediately following the fourth
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Monday in January, to encourage citizens of the state, including students, to
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participate in activities that recognize Utah's history;
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(b) Day of Remembrance for Incarceration of Japanese Americans, on February 19, in
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remembrance of the incarceration of Japanese Americans during World War II;
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(c) Utah State Flag Day, on March 9;
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(d) Vietnam Veterans Recognition Day, on March 29;
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(e) Utah Railroad Workers Day, on May 10;
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(f) Dandy-Walker Syndrome Awareness Day, on May 11;
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(g) Armed Forces Day, on the third Saturday in May, in honor of men and women who
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are serving or have served in the United States Armed Forces around the world in
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defense of freedom;
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(h) Arthrogryposis Multiplex Congenita Awareness Day, on June 30;
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(i) Navajo Code Talker Day, on August 14;
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(j) Rachael Runyan/Missing and Exploited Children's Day, on August 26, the
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anniversary of the day three-year-old Rachael Runyan was kidnaped from a
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playground in Sunset, Utah, to:
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(i) encourage individuals to make child safety a priority;
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(ii) remember the importance of continued efforts to reunite missing children with
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their families; and
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(iii) honor Rachael Runyan and all Utah children who have been abducted or
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exploited;
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(k) September 11th Day of Remembrance, on September 11, in honor and remembrance
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of the first responders and persons killed and injured in the terrorist attacks on
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September 11, 2001;
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(l) Constitution Day, on September 17, to invite all Utah adults and Utah school children
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to read directly from the United States Constitution and other primary sources, and
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for students to be taught principles from the United States Constitution that include
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federalism, checks and balances, separation of powers, popular sovereignty, limited
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government, and the necessary and proper, commerce, and supremacy clauses;
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(m) POW/MIA Recognition Day, on the third Friday in September;
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(n) Diwali, on the fifteenth day of the Hindu lunisolar month of Kartik, known as
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Lakshmi puja, or the Hindu festival of lights;
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(o) Victims of Communism Memorial Day, on November 7;
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(p) Indigenous People Day, on the Monday immediately preceding Thanksgiving; and
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(q) Bill of Rights Day, on December 15.
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(5) The Department of Veterans and Military Affairs shall coordinate activities, special
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programs, and promotional information to heighten public awareness and involvement
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relating to Subsections (4)(g) and (m).
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(6) The month of April shall be commemorated annually as Clean Out the Medicine
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Cabinet Month to:
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(a) recognize the urgent need to make Utah homes and neighborhoods safe from
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prescription medication abuse and poisonings by the proper home storage and
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disposal of prescription and over-the-counter medications; and
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(b) educate citizens about the permanent medication disposal sites in Utah listed on
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useonlyasdirected.org that allow disposal throughout the year.
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(7) The second full week of April shall be commemorated annually as Animal Care and
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Control Appreciation Week to recognize and increase awareness within the community
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of the services that animal care and control professionals provide.
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(8) The third full week of April shall be commemorated annually as Organ Donor
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Awareness Week to increase public awareness of the need for organ donors, honor those
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that have saved lives through the gift of organ donation, and encourage citizens to
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register as organ donors.
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[(8)] (9) The first full week of May shall be commemorated annually as State Water Week
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to recognize the importance of water conservation, quality, and supply in the state.
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[(9)] (10) The third full week of June shall be commemorated annually as Workplace Safety
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Week to heighten public awareness regarding the importance of safety in the workplace.
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[(10)] (11) The second Friday and Saturday in August shall be commemorated annually as
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Utah Fallen Heroes Days to:
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(a) honor fallen heroes who, during service in the military or public safety, have
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sacrificed their lives to protect the country and the citizens of the state; and
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(b) encourage political subdivisions to acknowledge and honor fallen heroes.
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[(11)] (12) The third full week in August shall be commemorated annually as Drowsy
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Driving Awareness Week to:
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(a) educate the public about the relationship between fatigue and driving performance;
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and
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(b) encourage the Department of Public Safety and the Department of Transportation to
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recognize and promote educational efforts on the dangers of drowsy driving.
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[(12)] (13) The month of September shall be commemorated annually as American
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Founders and Constitution Month to:
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(a) encourage all civic, fraternal, and religious organizations, and public and private
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educational institutions, to recognize and observe this occasion through appropriate
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programs, teaching, meetings, services, or celebrations in which state, county, and
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local governmental officials are invited to participate; and
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(b) invite all Utah school children to read directly from the United States Constitution
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and other primary sources, and to be taught principles from the United States
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Constitution that include federalism, checks and balances, separation of powers,
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popular sovereignty, limited government, and the necessary and proper, commerce,
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and supremacy clauses.
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[(13)] (14) The third full week of September shall be commemorated annually as Gang
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Prevention Awareness Week.
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[(14)] (15) The month of October shall be commemorated annually as Italian-American
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Heritage Month.
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[(15)] (16) The month of November shall be commemorated annually as American Indian
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Heritage Month.
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[(16)] (17) The first full week of December shall be commemorated annually as Avalanche
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Awareness Week to:
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(a) educate the public about avalanche awareness and safety;
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(b) encourage collaborative efforts to decrease annual avalanche accidents and fatalities;
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and
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(c) honor Utah residents who have lost their lives in avalanches, including those who
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lost their lives working to prevent avalanches.
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Section 8. Section 63G-6a-122 is enacted to read:
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63G-6a-122 . Encouraging the dissemination of information regarding organ
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donation.
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A procurement unit shall encourage all contractors to provide the contractor's employees
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with information about the option to register as a donor, as that term is defined in Section
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26B-8-301, and instructions for accessing a donor registry established under Section 26B-8-319.
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Section 9. Section 75A-3-207 is amended to read:
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75A-3-207 . Notification to health care provider -- Obligations of health care
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providers -- Liability.
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(1) It is the responsibility of the declarant or surrogate, to the extent that the responsibility
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is not assigned to a health care provider or health care facility by state or federal law, to
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notify or provide for notification to a health care provider and a health care facility of:
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(a) the existence of a health care directive;
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(b) the revocation of a health care directive;
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(c) the existence or revocation of appointment of an agent or default surrogate;
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(d) the disqualification of a default surrogate; or
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(e) the appointment or revocation of appointment of a guardian.
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(2)(a) A health care provider or health care facility is not subject to civil or criminal
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liability or to claims of unprofessional conduct for failing to act upon a health care
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directive, a revocation of a health care directive, or a disqualification of a surrogate
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until the health care provider or health care facility has received an oral directive
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from an adult or a copy of a written directive or revocation of the health care
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directive, or the disqualification of the surrogate.
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(b) A health care provider and health care facility that is notified under Subsection (1)
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shall include in the adult patient's medical record:
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(i) the health care directive or a copy of it, a revocation of a health care directive, or a
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disqualification of a surrogate; and
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(ii) the date, time, and place in which any written or oral notice of the document
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described in this Subsection (2)(b) is received.
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(3) A health care provider or health care facility acting in good faith and in accordance with
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generally accepted health care standards is not subject to civil or criminal liability or to
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discipline for unprofessional conduct for:
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(a) complying with a health care decision made by an adult with health care decision
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making capacity;
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(b) complying with a health care decision made by a surrogate apparently having
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authority to make a health care decision for a person, including a decision to withhold
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or withdraw health care;
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(c) declining to comply with a health care decision of a surrogate based on a belief that
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the surrogate then lacked authority;
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(d) declining to comply with a health care decision of an adult who lacks decision
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making capacity;
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(e) seeking a judicial determination, or requiring a surrogate to obtain a judicial
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determination, under Section 75A-3-107 of:
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(i) the validity of a health care directive;
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(ii) the validity of directions from a surrogate or guardian;
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(iii) the decision making capacity of an adult who challenges a physician's finding of
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incapacity; or
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(iv) the authority of a guardian or surrogate; or
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(f) complying with an advance health care directive and assuming that the directive was
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valid when made, and has not been revoked or terminated.
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(4)(a) Health care providers and health care facilities shall:
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(i) cooperate with a person authorized under this chapter to make written directives
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concerning health care;
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(ii) unless the provisions of Subsection (4)(b) apply, comply with:
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(A) a health care decision of an adult; and
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(B) a health care decision made by the highest ranking surrogate then authorized
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to make health care decisions for an adult, to the same extent as if the decision
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had been made by the adult;
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(iii) before implementing a health care decision made by a surrogate, make a
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reasonable attempt to communicate to the adult on whose behalf the decision is
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made:
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(A) the decision made; and
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(B) the identity of the surrogate making the decision.
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(b) A health care provider or health care facility may decline to comply with a health
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care decision if:
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(i) in the opinion of the health care provider:
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(A) the adult who made the decision lacks health care decision making capacity;
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(B) the surrogate who made the decision lacks health care decision making
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capacity;
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(C) the health care provider has evidence that the surrogate's instructions are
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inconsistent with the adult's health care instructions, or, for a person who has
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always lacked health care decision making capacity, that the surrogate's
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instructions are inconsistent with the best interest of the adult; or
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(D) there is reasonable doubt regarding the status of a person claiming the right to
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act as a default surrogate, in which case the health care provider shall comply
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with Subsection 75A-3-203(6); or
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(ii) the health care provider declines to comply for reasons of conscience.
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(c) A health care provider or health care facility that declines to comply with a health
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care decision in accordance with Subsection (4)(b) must:
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(i) promptly inform the adult and any acting surrogate of the reason for refusing to
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comply with the health care decision;
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(ii) make a good faith attempt to resolve the conflict; and
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(iii) provide continuing care to the patient until the issue is resolved or until a transfer
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can be made to a health care provider or health care facility that will implement
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the requested instruction or decision.
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(d) A health care provider or health care facility that declines to comply with a health
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care instruction, after meeting the obligations set forth in Subsection (4)(c) may
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transfer the adult to a health care provider or health care facility that will carry out the
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requested health care decisions.
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(e) A health care facility may decline to follow a health care decision for reasons of
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conscience under Subsection (4)(b)(ii) if:
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(i) the health care decision is contrary to a policy of the facility that is expressly
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based on reasons of conscience;
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(ii) the policy was timely communicated to the adult and an adult's surrogate;
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(iii) the facility promptly informs the adult, if possible, and any surrogate then
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authorized to make decisions for the adult;
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(iv) the facility provides continuing care to the adult until a transfer can be made to a
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health care facility that will implement the requested instruction or decision; and
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(v) unless an adult or surrogate then authorized to make health care decisions for the
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adult refuses assistance, immediately make all reasonable efforts to assist in the
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transfer of the adult to another health care facility that will carry out the
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instructions or decisions.
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(5) A health care provider and health care facility:
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(a) may not require or prohibit the creation or revocation of an advance health care
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directive as a condition for providing health care;[ and]
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(b) when notified of a circumstance described in Subsection (1), shall inform the
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individual giving the notification about the option to register as a donor, as that term
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is defined in Section 26B-8-301, and provide instructions for accessing a donor
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registry established under Section 26B-8-319; and
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[(b)] (c) shall comply with all state and federal laws and regulations governing advance
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health care directives.
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Section 10. Effective Date.
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This bill takes effect on May 7, 2025.
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