Uniform Anatomical Gift Act (UAGA) & Uniform Determination of Death Act (UDDA)
At a glance
Revocation of FPA after death
No
15-19-208 (a) and (g)
UAGA good faith immunity
Yes
15-19-218
Coroner / ME role in UAGA
Yes
15-19-222 and 15-19-223
OPO must obtain ME release
Yes
15-19-222 and 15-19-223
Nurse DCD pronouncement
Unknown
UDDA good faith immunity
Unknown
Anatomical Gift Act
When does FPA take effect?
After death.
15-19-202 (3)
Is revocation of FPA after death allowed?
No
15-19-208 (a) and (g)
except for unemancipated minor donor rule
Does the UAGA include a good faith immunity clause?
Yes
15-19-218
Does the UAGA give instructions for the coroner / Medical Examiner role?
Yes
15-19-222 and 15-19-223
Must the OPO obtain release from the coroner / Medical Examiner?
Yes
15-19-222 and 15-19-223
Determination of Death
Types of death referenced in the UDDA
Circulatory and respiratory death.
Neurological (brain death)
Section 12-240-140(1)(a) - (b)
Deaths which must be pronounced by a physician
Not specified.
How many brain death declarations are required?
One brain death declaration is needed.
Could nurse pronouncement in DCD be possible?
Unknown
Does the UDDA include a good faith immunity clause?
Unknown
Pediatric Nuances & Insights
A minor may register as an organ donor when applying for a instruction permit or driver’s license. But unless the minor is emancipated, a parents or guardian must sign a consent form for the donor designation to be valid. (Section 42-2-107)
Unique Nuances to Note
Colorado allows a minor who is at least 16 and authorized to apply for a driver’s license to make an anatomical gift before death.
Section 15-19-204(1)(b)
A donor registry symbol or statement is a valid way to make an anatomical gift.
Section 15-19-205(a)(1) and (b)
Colorado gives priority to a “designated beneficiary” with anatomical gift authority, placing that person after the spouse and before adult children.
Section 15-19-209 (a)(2.5)
If an unemancipated minor donor dies, a reasonably available parent may revoke or amend the minor’s anatomical gift.
Section 15-19-208(g)
A donor’s own anatomical gift usually prevents others from amending or revoking it unless a statutory exception applies.
Section 15-19-208 (a)
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
Colorado’s death law states that an individual is deceased when circulation and respiration have irreversibly ceased, or when all functions of the entire brain including the brainstem have irreversibly ceased. The law also said that a determination of death must be based on generally accepted medical standards.