Uniform Anatomical Gift Act (UAGA) & Uniform Determination of Death Act (UDDA)
At a glance
Revocation of FPA after death
No
113A:8 (a) and 113A:23
UAGA good faith immunity
Yes
113A:18
Coroner / ME role in UAGA
Yes
OPO must obtain ME release
Yes
113A:21 and 113A:22
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.)
113A:2
Is revocation of FPA after death allowed?
No
113A:8 (a) and 113A:23
Does the UAGA include a good faith immunity clause?
Yes
113A:18
Does the UAGA give instructions for the coroner / Medical Examiner role?
Yes
Must the OPO obtain release from the coroner / Medical Examiner?
Yes
113A:21 and 113A:22
Determination of Death
Types of death referenced in the UDDA
Respiratory and circulatory death.
Brain death.
Deaths which must be pronounced by a physician
Not specified.
How many brain death declarations are required?
One brain death 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 legally authorized to apply for a driver’s license or identification card may register as an organ donor. If the minor is not emancipated, a parent may make the anatomical gift decision on the minor’s behalf. (Section 113A:4)
State Education Initiatives, Recommendations & Requirements
Massachusetts law requires all state approved driver education and training courses to include an information session on organ and tissue donation. (Section 90:8D)
Unique Nuances to Note
Massachusetts dedicates Section 113A:23 to requiring that a donor’s decision be honored. (Section 113A:23)
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.