Uniform Anatomical Gift Act (UAGA) & Uniform Determination of Death Act (UDDA)
At a glance
Revocation of FPA after death
No
44-5-146 (a)
UAGA good faith immunity
Yes
44-5-156
Coroner / ME role in UAGA
Yes
OPO must obtain ME release
Yes
44-5-159.1 and 44-5-159.4
Nurse DCD pronouncement
Unknown
UDDA good faith immunity
Yes
31-10-16 (b)
Anatomical Gift Act
When does FPA take effect?
After death.
(Does not specify type of death, UDDA determines types of death)
44-5-141 (3)
Is revocation of FPA after death allowed?
No
44-5-146 (a)
Does the UAGA include a good faith immunity clause?
Yes
44-5-156
Does the UAGA give instructions for the coroner / Medical Examiner role?
Yes
Must the OPO obtain release from the coroner / Medical Examiner?
Yes
44-5-159.1 and 44-5-159.4
Determination of Death
Types of death referenced in the UDDA
Circulatory and respiratory death.
Neurological (brain death).
Deaths which must be pronounced by a physician
Circulatory and respiratory death.
Neurological (brain death).
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?
Yes
31-10-16 (b)
Pediatric Nuances & Insights
A minor who is at least 16 years old may register as an organ donor when applying for a driver’s license or permit. However, if the donor dies before turning 18, a parent or legal guardian have the ability to revoke or amend the donation decision. (Section 44-5-142 – 143)
State Education Initiatives, Recommendations & Requirements
Georgia Senate Resolution 483 requires the inclusion of organ and tissue donation education in Georgia’s 8th grade and high school health classes. Click here for more information
Unique Nuances to Note
The last category of decision-makers after “any other person having the authority to dispose of the decedent’s body” is a representative ad litem who shall be appointed by a court of competent jurisdiction (etc.)
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
According to Section 31-7-16, non-physicians may pronounce death in nursing home in cases of natural deaths. If, however a patient dies of other than natural causes, only a physician may make the determination of death.
According to Section 43-34-25 (o) it may be possible for an Advance Practice Nurse or per section 43-34-103 (j) a Physician Assistant, to pronounce brain death (BD) or any other death, if they are under the supervision of a physician.