Uniform Anatomical Gift Act (UAGA) & Uniform Determination of Death Act (UDDA)
At a glance
Revocation of FPA after death
No
65-3227(a)
UAGA good faith immunity
Yes
65-3237
Coroner / ME role in UAGA
Yes
OPO must obtain ME release
Yes
65-3241 and 65-3242
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)
65-3221(3)
Is revocation of FPA after death allowed?
No
65-3227(a)
Does the UAGA include a good faith immunity clause?
Yes
65-3237
Does the UAGA give instructions for the coroner / Medical Examiner role?
Yes
Must the OPO obtain release from the coroner / Medical Examiner?
Yes
65-3241 and 65-3242
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
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
Pediatric Nuances & Insights
A minor who is emancipated or at least 16 years old and eligible to apply for a driver’s license or non driver identification card may register as an organ donor. For unemancipated minors who do not meet these requirements, a parent or legal guardian may make the anatomical gift decision on the child’s behalf. (Section 65-3223)
Unique Nuances to Note
Kansas specifically establishes a First Person Consent Organ and Tissue Donor Registry. Registration constitutes full legal consent for donation upon death, and registry information is protected from unauthorized dissemination.
Revocation of a driver’s license does not invalidate the anatomical gifts.
Kansas allows certain minors eligible for driver’s licenses or identification cards to make anatomical gifts.
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.