Uniform Anatomical Gift Act (UAGA) & Uniform Determination of Death Act (UDDA)
At a glance
Revocation of FPA after death
No
24-6B-8 (A)
UAGA good faith immunity
Yes
24-6B-18
Coroner / ME role in UAGA
Yes
OPO must obtain ME release
Yes
24-6B-22 and 24-6B-23
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)
24-6B-2(C)
Is revocation of FPA after death allowed?
No
24-6B-8 (A)
Does the UAGA include a good faith immunity clause?
Yes
24-6B-18
Does the UAGA give instructions for the coroner / Medical Examiner role?
Yes
Must the OPO obtain release from the coroner / Medical Examiner?
Yes
24-6B-22 and 24-6B-23
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
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 24-6B-4)
State Education Initiatives, Recommendations & Requirements
New Mexico law requires all state-approved driver education courses to include instruction on organ, tissue, eye donation. (Section 66-5-20)
Unique Nuances to Note
New Mexico’s hierarchy specifically states that a spouse loses priority if the spouse is legally separated or are the subject of a pending action for annulment, divorce, dissolution or separation. (Section 24-6B-9(B)(2))
An appointed agent has priority over the spouse in the surrogate hierarchy for making an organ donation. (Section 24-6B-9(B))
New Mexico’s UAGA requires hospital to follow federal (Centers for Medicare and Medicaid Services) requirements for organ donation. Hospitals must promptly notify and work with their designated OPO when a patient is near death or after death and they must cooperate in the organ donation and recovery process. (Section 24-6B-9.1)
The ME may only decline in the OR after observing the organ recovery and if needed. (Section 24-6B-14)
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.