State Legislation
& Donor Registries by State
The clickable map allows you to review the UAGA and Determination of Death legislation in each state. These state laws facilitate organ and tissue donation commitments and make transplants happen.
The Alliance Resource Section
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 July 1st, 2018). 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.
These links may not remain current as states revise their websites and codes. If the link is broken, cut and paste the link into your browser’s address line. If the link still does not work, please let us know by sending an email to [email protected].
Please note: Laws (and linked websites) change and your use of the information in this section is subject to the Terms and Conditions of Use.
This section has been reviewed and updated as of December 2018.
NOT PICTURED
VIRGIN ISLANDS
- State: Anatomical Gift Laws: VIRGIN ISLANDS_RUAGA, 19 V.I.C. §§401-425, Click “I Agree.” Type < Revised Uniform Anatomical Gift > in the search field. When results appear, select Chapter 20 and Revised Uniform Anatomical Gift Act.
- Determination of Death: 19 V.I.C. § 869, Click “I Agree.” Type < Determination of Death > in the search field. When results appear, select “§ 869. Uniform Determination of death.”
PUERTO RICO
- State: Anatomical Gift Laws: 24 L.P.R.A. §§3620-3620y, to read statute as codified, click “I Agree.” At search page, cut and paste < Donations and Transplants > in search field and check Table of Contents immediately below. Select Chapter 150 for a full listing of section numbers.
- Determination of Death: 24 LPRA §3620 (m), Click “I Agree.” Type < Respiratory and Circulatory > in the search field. When results appear, select “§ 3620 Definitions.”
Federal Statutes
- National Organ Transplant Act (NOTA), as amend and codified, 42 USC §§ 273 et seq.
- Social Security Act, Hospital protocols for organ procurement and standards for organ procurement agencies, 42 USC §1320b-8
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Drivers Privacy Protection Act, 18 USC 2721 et. seq. (PL103-322)
- Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 USC 1320d-1329d-8
- United States Code – Official web site – search here for the most current versions of federal laws.
Federal Regulations
- Basic Hospital Functions: Conditions of Participation: Organ Tissue and Eye Procurement, 42 CFR §482.45
- Specialty Hospitals: Conditions of Participation, 42 CFR. §§482.68 through 104
- Critical Access Hospitals: Conditions of Participation: Organ Tissue and Eye Procurement, 42 CFR §485.643
- Federal Register Notice for Hospital Conditions of Participation, 72 Fed Reg. 15198, 2007-03-30
- Federal Register Notice for Hospital Identification of Potential Donors, 63 Fed Reg. 33856, 1998-06-22
- OPO: Requirements for Certification and Designation and Conditions for Coverage, 42 CFR §486.301 through §486.348
- Federal Register Notice for OPO Requirements for Certification and Designation and Conditions for Coverage, 71 Fed Reg. 31046 (2006-05-31)
- CMS Emergency Preparedness Final Rule CROSSWALK – Download
- OPTN Bylaws – click here for link to OPTN bylaws web page
- OPTN Policies – click here for link to OPTN policies web page
- OPTN – Regulations Establishing OPTN, 42 CFR §121.1 through §121.13
- HIPAA Official HHS Site for laws, regulations, guidance and FAQs – click here
- Federal Register Notice for HIPAA Privacy Regulations, 65 Fed. Reg. 82462, 2000-12-28
Accreditation
- AOPO – Members can access AOPO Standards and Interpretive Guidelines by logging in to the Members Portal. All others should contact AOPO directly.
- The Joint Commission – Hospital Accreditation Standards here.
- Health Facilities Accreditation (HFAP)
- Det Norske Veritas Healthcare (DNV)
Legislative Resources
- U.S. Government Information on Organ Donation and Transplantation (OrganDonor.gov) – For information on Organ Donation Legislation and Policy
- Center for Medicare & Medicaid Services (CMS)
- Health Resources & Services Administration (HRSA)
- United Network for Organ Sharing (UNOS)
- Organ Procurement and Transplant Network (OPTN)
- Federal Drug Administration (FDA)
- American Association of Tissue Banks (AATB)
- Eye Bank Association of America (EBAA)
- Revised Uniform Anatomical Gift Act (RUAGA) (2006) – National Conference of Commissioners on Uniform State Laws (now the Uniform Law Commission) is available with explanatory comments. See View Final Act (on left) and download Final Act (last amended 2009).
- Legal Framework for Information Sharing in Organ Donation and Transplantation, Glazier A., New England Organ Bank (NEOB)
- AST-FMLA Summary
- Department of Labor Response to Living Donors and FMLA – Download
- Joint Commission Requirements for Organ Procurement Organizations – Download
- The Principles of Gift Law and the Regulation of Organ Donation – Download