Uniform Anatomical Gift Act (UAGA) & Uniform Determination of Death Act (UDDA)
At a glance
Revocation of FPA after death
No
7150.35
UAGA good faith immunity
Yes
7150.8
Coroner / ME role in UAGA
Yes
OPO must obtain ME release
Yes
7151.15 (a-d) and 7151.20 (a-f)
Nurse DCD pronouncement
Yes
UDDA good faith immunity
Unknown
Anatomical Gift Act
When does FPA take effect?
After death.
7150.10(3)
Is revocation of FPA after death allowed?
No
7150.35
(See nuance for exception)
Does the UAGA include a good faith immunity clause?
Yes
7150.8
Does the UAGA give instructions for the coroner / Medical Examiner role?
Yes
Must the OPO obtain release from the coroner / Medical Examiner?
Yes
7151.15 (a-d) and 7151.20 (a-f)
Determination of Death
Types of death referenced in the UDDA
Death by Circulatory and Respiratory Criteria.
Death by Neurological Criteria (Brain Death).
Deaths which must be pronounced by a physician
Brain death.
How many brain death declarations are required?
Two declarations are required.
Could nurse pronouncement in DCD be possible?
Yes
Does the UDDA include a good faith immunity clause?
Unknown
Pediatric Nuances & Insights
If an unemancipated minor donor dies, a reasonably available parent may revoke or amend the anatomical gift. (Section 7150.35(g))
State Education Initiatives, Recommendations & Requirements
California AB 1967 mandates the state’s health and science curricula to include age-appropriate education on organ and tissue donation. The goal of this legislation is to make sure student learn about the donation process before they are asked whether they want to register as donor when applying for their firsts driver’s license. Click here for more information
California AB 466 mandats the CA community colleges and california state university systems, and requesting the UC system to provide incoming students with educational materials about the Donate Life California Organ and Tissue Donor Registry. The purpose of the bills is to resolve the trend decreased donor registration rate in CA. Many schools they integrate this information during student orientations. Click here for more information
Unique Nuances to Note
California expressly recognizes electronic donor registry enrollment as a legally valid document of gift.
(Section 7150.10(6) and 7150.20(a)2)
Revocation, suspension, expiration or cancellation of a driver’s license does not invalidate a registered anatomical gift.
(Section 7150.20(c))
If a document simply states “organ donor” or similar language, the gift may be used for transplantation, therapy, research or education purposes.
(Section 7150.50(f))
California recognizes registered domestic partners and places them at the same level as spouses.
(Section 7150.10(6.5) and 7150.40(a)(2))
California specifies that coroners, medical examiners, and hospital administrators may serve as the final class of persons authorized to dispose of the body.
(Section 7150.40(a)(10))
CA does require a minimum 12-hour search for persons in the hierarchy of decision-makers before going with the final class of decision-makers, if the patient is stable.
Healthcare is managed state by state. Each state has its own version of the Uniform Anatomical Gift Act (UAGA), which outlines the rules around the gift of organs, eyes and tissues, as well as its own version of the Uniform Determination (or Declaration) of Death Act (UDDA).
In general, the majority of states have adopted the Revised UAGA, which emphasizes the legally binding nature of First Person Authorization (FPA) for donation. In most states FPA takes effect after death, at which point the decision cannot be revoked or amended. One must then review how that state determines a person to be dead under its UDDA. The exception is minors, where in most instances a parent can change the minor’s decision.
There can be nuances within state laws that differ from state to state. An effort has been made to highlight some of them here, however this reference is not all inclusive. It is highly advised to read each state’s UAGA and UDDA thoroughly for clarity.
This legislative reference guide is not intended to serve as legal advice. For further detailed questions, please contact your local OPO. For any inaccuracies or corrections, please contact The Alliance at info@organdonationalliance.org.
Other Comments
In California, brain death determinations must be documented and safeguards are in place to prevent physicians involved in the determination from participating in organ recovery.