Uniform Anatomical Gift Act (UAGA) & Uniform Determination of Death Act (UDDA)
Puerto Rico
When does FPA* take effect?
After death
(does not specify type of death, UDDA determines types of death)
Section No. 3620d. Donors - (a)
Is revocation of FPA after death allowed?
UnknownUAGA includes a Good Faith Immunity clause?
YesSection No. 3620f
UAGA includes instructions for the role of the coroner / Medical Examiner?
UnclearUnique Nuances to Note:
The PR decision-maker hierarchy is a little different than most states. Make sure to review and follow it – 3620d. Donors (c)
If a decedent is unclaimed after a 24-hour search, the institution has an obligation to notify the death to the Board (3620l. Unclaimed). (Board is defined as the ‘Human Bodies, Organs, and Tissues Disposition Board’ – 3620 (l)). The following sections continue to outline the process of such cases.
Types of Death Referenced in the UDDA:
Death by Respiratory & Circulatory 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 deathHow many brain death declarations are required?
One brain death declaration is requiredCould Nurse pronouncement in DCD be possible according to the UDDA?
YesDoes the UDDA include a Good Faith Immunity clause?
UnknownDisclaimer
Healthcare is managed state by state. Each state has their own version of the Uniform Anatomical Gift Act (UAGA), which outlines all of the rules around the gift of giving of organs, eyes, and tissues, as well as their 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 legal binding nature of the First Person Authorization (FPA)* for donation. In the majority of states, FPA takes effect after the death of a person, at which point the decision cannot be revoked or ammended. One must then review how that state determines a person to be dead, according to that state’s UDDA. The only exception are minors, in which case in most instances the parents can change the minor’s decision.
The table above provides links to the state laws and where needed, navigation steps are provided. The relevant section numbers of the state laws have been provided for reference of the verbiage about when the FPA takes effect as well as the section that references the legal binding nature of the FPA.
There can be nuances within the state laws that differ from state to state. An effort has been made to highlight some of the nuances within a state’s UAGA and UDDA, however, this table is not all inclusive. It is highly advised to read each state’s UAGA and UDDA thoroughly for clarity.