Uniform Anatomical Gift Act (UAGA) & Uniform Determination of Death Act (UDDA)
At a glance
Revocation of FPA after death
No
765.512 (b)
UAGA good faith immunity
Yes
765.517 (5) and 765.522 (6)
Coroner / ME role in UAGA
Yes
OPO must obtain ME release
Yes
765.547
Nurse DCD pronouncement
Yes
UDDA good faith immunity
Unknown
Anatomical Gift Act
When does FPA take effect?
After death.
(Type of death was not specified, UDDA determines types of death)
765.511(2)
Is revocation of FPA after death allowed?
No
765.512 (b)
Does the UAGA include a good faith immunity clause?
Yes
765.517 (5) and 765.522 (6)
Does the UAGA give instructions for the coroner / Medical Examiner role?
Yes
Must the OPO obtain release from the coroner / Medical Examiner?
Yes
765.547
Determination of Death
Types of death referenced in the UDDA
Death is referenced generally, and death by neurological criteria (brain death) is defined.
Deaths which must be pronounced by a physician
Neurological (brain death) only.
How many brain death declarations are required?
Two brain death declarations are needed.
Could nurse pronouncement in DCD be possible?
Yes
Does the UDDA include a good faith immunity clause?
Unknown
Pediatric Nuances & Insights
Under current Florida law, a person under 18 generally cannot register as an organ donor on their own. A parent or legal guardian may make an anatomical gift on behalf of a minor after the child’s death, unless the minor was legally emancipated. (Section 765.512)
State Education Initiatives, Recommendations & Requirements
Under this florida law, public high school in Florida is required to include instruction on organ and tissue donation as part of the required health education curriculum. The purpose of this is to education students about donation process before they reach the age at which they are eligible for driver license and have the ability to make donor registration decisions. (Section 1003.42(2)(n))
Unique Nuances to Note
Florida does not have the Revised UAGA.
If no one else in the decision-maker hierarchy is available, a court-appointed representative ad litem may make the decision.
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
Pronouncing physicians for brain death (BD) must be the treating physician and a board-eligible or board-certified neurologist, neurosurgeon, internist, pediatrician, surgeon, or anesthesiologist.
Next of Kin (NOK) should be notified as soon as practicable and the notification must be noted in the medical records.
No legislation surrounding the declaration of respiratory and circulatory criteria.