State Legislation

Hover over each state to access links to official government websites hosting electronic versions of state and federal laws pertaining to anatomical gift laws, determination of death laws and online registries. All citations are to laws and regulations posted on the linked websites as of the date the site was last visited for the purposes of compiling this section of the Toolbox (i.e. through August 2023). In some instances, we have been able to link only to the website home page. In those cases, we have provided navigation instructions to assist you in locating the cited law/regulation.

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This section has been reviewed and updated as of August 2023.

Not Pictured

VIRGIN ISLANDS

• UAGA: Title 19 > Part II > Chapter 20 > Section 401-425 (Use the navigation details by clicking on the relevant + signs to get to the UAGA content). FPA becomes effective after death (section 402 (2)). Revocation of FPA is NOT allowed after death (section 408 (a)). The UAGA includes a good faith immunity clause (section 418). The UAGA includes instructions for the role of the coroner / ME. OPO must obtain release from the coroner / ME for cases falling under their jurisdiction (section 422& 423). The OPO may ask the ME to attend the organ recovery before declining.
• UDDA: Title 19 > Part IV > Chapter 37 > Subchapter III > Section 869 (When using the link, you may need to check a box acknowledging you are not a robot). UDDA recognizes both respiratory & circulatory death, as well as death by neurological criteria (brain death). Only one brain death declaration is required.  It is not specified who must declare brain death. Nurses could potentially pronounce circulatory death in DCD cases.

PUERTO RICO

• UAGA: Title 24 > Part VII > Chapter 150 > Section 3601 – 3620y (Scroll down and use the navigation details by clicking on the relevant + signs to get to the UAGA content.). FPA becomes effective after death (section 3620d. Donors – (a)). It is unclear if revocation of FPA is allowed after death. The UAGA includes a good faith immunity clause (section 3620f). It is unclear what the regulatory requirements are for working with the coroner / ME. Additional Comments:
  • The PR decision-maker hierarchy is a little different than most states. Make sure to review and follow it – 3620d. Donors (c)
  • If a decedent is unclaimed after a 24-hour search, the institution has an obligation to notify the death to the Board (3620l. Unclaimed). (Board is defined as the ‘Human Bodies, Organs, and Tissues Disposition Board’ – 3620 (l)). The following sections continue to outline the process of such cases.
• UDDA: Title 24 > Part VII > Chapter 150 > Section 3620 (n) (Scroll to letter ‘n’, the definition of death). UDDA recognizes both respiratory & circulatory death, as well as death by neurological criteria (brain death). Only one brain death declaration is required. It is not specified who must declare brain death. Nurses could potentially pronounce circulatory death in DCD cases.