Uniform Anatomical Gift Act (UAGA) & Uniform Determination of Death Act (UDDA)
At a glance
Revocation of FPA after death
No
Part 2 of Section 72-12-201 (13)
UAGA good faith immunity
Unknown
Coroner / ME role in UAGA
Yes
OPO must obtain ME release
Yes
Part 2 Section 72-17-215 and 72-17-217 and 72-17-218
Nurse DCD pronouncement
Yes
UDDA good faith immunity
Unknown
Anatomical Gift Act
When does FPA take effect?
After death.
(The type of death is not specified, as it is determined under the UDDA)
Part 1 Section 72-17-102 (3) and Part 1 Section 72-17-201 (6)
Is revocation of FPA after death allowed?
No
Part 2 of Section 72-12-201 (13)
Does the UAGA include a good faith immunity clause?
Unknown
Does the UAGA give instructions for the coroner / Medical Examiner role?
Yes
Must the OPO obtain release from the coroner / Medical Examiner?
Yes
Part 2 Section 72-17-215 and 72-17-217 and 72-17-218
Determination of Death
Types of death referenced in the UDDA
Irreversible cessation of circulatory and respiratory functions.
Irreversible cessation of all brain function including the brain stem.
Deaths which must be pronounced by a physician
No specific roles are specified for pronouncement of either type of death.
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 authorized to apply for a driver’s license may register as an organ donor. If the minor does not meet these requirements, a parent or legal guardian may donate their children’s organ on their behalf. (Section 72-17-201)
Unique Nuances to Note
If a prospective donor has made a declaration, any measures necessary to make sure their medical suitability for organ transplantation or therapy may not be withheld or withdrawn unless their declaration expressly provides to the contrary. (Section 72-17-216 (2))
The coroner or medical examiner must not unreasonably withhold cooperation from organ recovery organisations and must collaborate with them to preserve both donation opportunities and medicolegal investigations. (Section 72-17-217)
While donation authorization is being evaluated, a hospital may continue or initiate any necessary measures to preserve the medical suitability of organs. (Section 72-17-218)
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.