Uniform Anatomical Gift Act (UAGA) & Uniform Determination of Death Act (UDDA)
At a glance
Revocation of FPA after death
No
142C3 (5. Preclusive effect (a))
UAGA good faith immunity
Yes
142C.11
Coroner / ME role in UAGA
Yes
OPO must obtain ME release
Yes
142C.4A
Nurse DCD pronouncement
Yes
UDDA good faith immunity
Unknown
Anatomical Gift Act
When does FPA take effect?
After death.
(Type of death is not specified and UDDA determines types of death)
142C.2(3)
Is revocation of FPA after death allowed?
No
142C3 (5. Preclusive effect (a))
Does the UAGA include a good faith immunity clause?
Yes
142C.11
Does the UAGA give instructions for the coroner / Medical Examiner role?
Yes
Must the OPO obtain release from the coroner / Medical Examiner?
Yes
142C.4A
Determination of Death
Types of death referenced in the UDDA
Irreversible cessation of circulatory and respiratory functions.
irreversible cessation of all brain functions.
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
Iowa provides a special exception allowing a parent to amend or revoke certain anatomical gift decisions made by an unemancipated minor. (Section 142C.3(5)(g)-(h))
Iowa uniquely allows anatomical gift registration through hunting, fishing, fur harvester licenses (Only individual who are 16 years old or older are eligible to register for those special licenses). (Section 142C.3)
State Education Initiatives, Recommendations & Requirements
Under Iowa Code Section 321.178, approved driver education courses are legally mandated to include instruction on becoming an organ donor.
Unique Nuances to Note
Iowa has an official donor registry established by statute and authorizes donor designations through the registry. (Section 142.18)
Iowa uniquely allows anatomical gift registration through hunting, fishing, fur harvester licenses (Only individual who are 16 years old or older are eligible to register for those special licenses). (Section 142C.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.