Uniform Anatomical Gift Act (UAGA) & Uniform Determination of Death Act (UDDA)
At a glance
Revocation of FPA after death
No
7-1531.07 (a)
UAGA good faith immunity
Yes
7-1531.17
Coroner / ME role in UAGA
Yes
OPO must obtain ME release
Yes
7-1531.21 and 7-1531.22
Nurse DCD pronouncement
Yes
UDDA good faith immunity
Unknown
Anatomical Gift Act
When does FPA take effect?
After death.
7-1531.01 (3)
Is revocation of FPA after death allowed?
No
7-1531.07 (a)
Does the UAGA include a good faith immunity clause?
Yes
7-1531.17
Does the UAGA give instructions for the coroner / Medical Examiner role?
Yes
Must the OPO obtain release from the coroner / Medical Examiner?
Yes
7-1531.21 and 7-1531.22
Determination of Death
Types of death referenced in the UDDA
Death by Respiratory & Circulatory Criteria
Death by Neurological Criteria (Brain Death)
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?
Yes
Does the UDDA include a good faith immunity clause?
Unknown
Unique Nuances to Note
Under DC’s law, domestic partners have the same legal priority as spouses in the hierarchy of decision-makers. (Section 7-1531-08)
If the Medical Examiner denies organ recovery, they must provide written reasons explaining why recovery could not proceed. (Section 7-1531.22 (h))
Hospitals and hospices to help carry out a patient’s decision become an organ donor. (Section 7-1531.24(c))
The law allows hospitals to temporarily preserve a person’s organs for the family. (Section 1531.25)
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.