Uniform Anatomical Gift Act (UAGA) & Uniform Determination of Death Act (UDDA)
At a glance
Revocation of FPA after death
No
2354.2 (a)
UAGA good faith immunity
Yes
2354.6
Coroner / ME role in UAGA
No (in separate law)
OPO must obtain ME release
Yes
RS 13:5715
Nurse DCD pronouncement
No
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)
2351(d)
Is revocation of FPA after death allowed?
No
2354.2 (a)
Does the UAGA include a good faith immunity clause?
Yes
2354.6
Does the UAGA give instructions for the coroner / Medical Examiner role?
No (in separate law)
Must the OPO obtain release from the coroner / Medical Examiner?
Yes
RS 13:5715
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
Death by Circulatory and Respiratory Criteria.
Death by Neurological (brain) criteria.
How many brain death declarations are required?
If organ donation is being pursued, two physicians must declare brain death.
Could nurse pronouncement in DCD be possible?
No
Does the UDDA include a good faith immunity clause?
Unknown
Pediatric Nuances & Insights
If a minor dies after registering as an organ donor or signing a refusal, the OPO must locate the minor’s parent and give them the opportunity to revoke or amend the donation decision, unless the minor was emancipated. (Section 2352(G))
State Education Initiatives, Recommendations & Requirements
Louisiana’s Aliye’s Law requires all public health schools in the state to provide instruction on organ donation as part of an existing required courses including health education.
Unique Nuances to Note
There is an error in the state website’s labeling:
1) RS 17:2354.1 is incorrectly labeled as coroner’s consent for eye enucleation, but is about refusal to make an anatomical gift
2) RS 17: 2354.2 is incorrectly labeled as coroner’s consent for kidney removal, but is about preclusive effect of anatomical gift….
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
For DCD potential, a second physician must provide an opinion to the candidacy of the person for the organ donation process.