Uniform Anatomical Gift Act (UAGA) & Uniform Determination of Death Act (UDDA)
At a glance
Revocation of FPA after death
No
333.10108 (1)
UAGA good faith immunity
No (in separate law)
Coroner / ME role in UAGA
No (in separate law)
OPO must obtain ME release
No
Nurse DCD pronouncement
Yes
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)
333.10102 (c)
Is revocation of FPA after death allowed?
No
333.10108 (1)
Does the UAGA include a good faith immunity clause?
No (in separate law)
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?
No
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 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 has been issued a driver’s license or state identification card may register as an organ donor. If the minor is not emancipated, a parent or legal guardian may make the anatomical gift decision on the minor’s behalf. (Section 333.10104)
State Education Initiatives, Recommendations & Requirements
Michigan law requires all Segment 2 driver education courses to include at least 10 minutes of instruction on organ, eye, tissue donation. (Section 256.659)
Unique Nuances to Note
In the hierarchy of decision-makers, the second last category is “the persons assigned by the state of Michigan to authorize medical care for the decedent at the time of death, including public ward custodians, correctional or mental health facility personnel, or foster parents.”
Michigan has strict guidance for county medical examiners and their role in donation. These requirements are found HERE (https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-52-209)
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
The act specifically states that a physician or registered nurse may pronounce a person’s death.