Uniform Anatomical Gift Act (UAGA) & Uniform Determination of Death Act (UDDA)
At a glance
Revocation of FPA after death
No
NRS. 451.562 (1)
UAGA good faith immunity
Yes
NRS 451.592
Coroner / ME role in UAGA
Yes
NRS 451.596 and 451.597
OPO must obtain ME release
Yes
NRS 451.596 and 451.597
Nurse DCD pronouncement
Unknown
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)
NRS 451.513
Is revocation of FPA after death allowed?
No
NRS. 451.562 (1)
Does the UAGA include a good faith immunity clause?
Yes
NRS 451.592
Does the UAGA give instructions for the coroner / Medical Examiner role?
Yes
NRS 451.596 and 451.597
Must the OPO obtain release from the coroner / Medical Examiner?
Yes
NRS 451.596 and 451.597
Determination of Death
Types of death referenced in the UDDA
Death by Circulatory and Respiratory Criteria.
Death by Neurological Criteria (Brain Death).
Deaths which must be pronounced by a physician
For neurological criteria (brain death).
How many brain death declarations are required?
One brain death declaration is needed.
Could nurse pronouncement in DCD be possible?
Unknown
Does the UDDA include a good faith immunity clause?
Unknown
Pediatric Nuances & Insights
A minor may make an organ donation decision if the minor is emancipated or is at least 16 years old and legally authorized to apply for a driver’s license. A parent may also make an anatomical gift on behalf of an unemancipated minor.
State Education Initiatives, Recommendations & Requirements
Nevada requires organ, eye, tissue donation education to be taught in health classes for middle school and high school students.
Unique Nuances to Note
In 2025, Nevada enacted SB 349, it came into effect on july 1st, 2025. This amendment to Section NRS 41.579, which allows a procurement organization to transport, or arrange the transportation of a deceased donor’s body or part when medical equipment is needed to make sure medical suitability. The amendment also allows a country corner to demand notification when such transportation happens within their jurisdiction.
at the request of the OPO, the coroner should consult with the physician or technician designated by the OPO to remove the part, before making a final determination not to allow recovery. (Section NRS 451.596)
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
Nevada’s UDDA does not specify who is responsible for determining death. However, for brain death determination (BDD), the law states that the published recommended guidelines of the American Academy of Neurology (AAN) should be followed, which implies that a physician performs the examination. For infants and children, the law references the brain death determination guidelines developed by the Pediatric Section of the Society of Critical Care Medicine (SCCM).
Nevada’s Section NRS 451/008 emphasizes that medical treatment that is necessary to preserve organs for donation cannot be withheld or withdrawn from an individual who is a potential organ donor.