Uniform Anatomical Gift Act (UAGA) & Uniform Determination of Death Act (UDDA)
At a glance
Revocation of FPA after death
No
39-3408(1)
UAGA good faith immunity
Yes
327-18
Coroner / ME role in UAGA
Yes
OPO must obtain ME release
Yes
39-3423
Nurse DCD pronouncement
No
UDDA good faith immunity
Unknown
Anatomical Gift Act
When does FPA take effect?
After death.
(Does not specify type of death and UDDA determines types of death)
39-3402(3)
Is revocation of FPA after death allowed?
No
39-3408(1)
Does the UAGA include a good faith immunity clause?
Yes
327-18
Does the UAGA give instructions for the coroner / Medical Examiner role?
Yes
Must the OPO obtain release from the coroner / Medical Examiner?
Yes
39-3423
Determination of Death
Types of death referenced in the UDDA
The repealed UDDA recognized circulatory and neurological (brain) death. Current practice follows hospital POlicy and Procedures and accepted medical standard, typically using the 2023 AAN brain death guideline.
Deaths which must be pronounced by a physician
Not specifically prescribed by a current Idaho UDDA statute. Determination follows hospital Policy & Procedures and accepted medical standards.
How many brain death declarations are required?
Unknown.
Could nurse pronouncement in DCD be possible?
No
t specified in current Idaho statute; refer to hospital P&P
Does the UDDA include a good faith immunity clause?
Unknown
Pediatric Nuances & Insights
Idaho allows minors aged 16 or 17 to make an anatomical gift with written parental or guardian consent. Emancipated minors can donate independently. (Section 39-3404)
Unique Nuances to Note
If there is no donor designation, family members who are asked to donate must be give specific information. This include organs/tissues requested, intended uses, testing procedures, costs, burial implications, access to medical records. (Section 39-3411)
Idaho has a very strong FPA; once a valid donor decision exists, it cannot be overridden by others except as specifically provided by statute (Section 39-3408 and 39-3410)
A donor designation on a driver’s license remains valid even if the license itself expires, is suspended or revoked.(Section 39-3405(3))
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
Although Idaho’s former UDDA has been repealed, the current end-of-life practices are informed by a couple of other Idaho statutes. Idaho Code Section 39-260 (death certificate registation), Title 39, Chapter 45 (Medical Consent and Natural Death Act including advance directives, POST forms, DNR orders), Section 39-4514 (general provisions on advance care planning and life-sustaining treatment, and Sectino 10-1217 (legal proteciton on health care dicisions). All of these statues do not establish criteria for dterminin gdeath and hospitals rely on their P&P and accted medical standards including AAN brain death guideline