Uniform Anatomical Gift Act (UAGA) & Uniform Determination of Death Act (UDDA)
At a glance
Revocation of FPA after death
No
157.06 (8/a)
UAGA good faith immunity
Yes
157.06 (18)
Coroner / ME role in UAGA
Yes
OPO must obtain ME release
Yes
157.06 (22m) and 157.06 (23m) and 157.06 (24m) and 157.06 (25m)
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)
157.06 (2/b)
Is revocation of FPA after death allowed?
No
157.06 (8/a)
Does the UAGA include a good faith immunity clause?
Yes
157.06 (18)
Does the UAGA give instructions for the coroner / Medical Examiner role?
Yes
Must the OPO obtain release from the coroner / Medical Examiner?
Yes
157.06 (22m) and 157.06 (23m) and 157.06 (24m) and 157.06 (25m)
Determination of Death
Types of death referenced in the UDDA
Death by Respiratory and 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 death.
How many brain death declarations are required?
One brain death is needed
Could nurse pronouncement in DCD be possible?
Yes
Does the UDDA include a good faith immunity clause?
Unknown
Pediatric Nuances & Insights
If an unemancipated minor dies, a parent can revoke or amend the anatomical gift of the minor, or they can also revoke the minor’s refusal to donate.
Wisconsin allows minors who are at least 15 years old to register as donors.
State Education Initiatives, Recommendations & Requirements
State approved driver education courses must include organ and tissue donation as part of the required classroom curriculum for student under age 18.
Unique Nuances to Note
Wisconsin recognizes domestic partnerships and places them on the same level as the spouse in the hierarchy of decision makers.
UAGA lists all of the CMS CoPs for hospitals.
Wisconsin Act 868 that took effect in n2024, allows Wisconsin residents to register as anatomical donors when filing their state income tax return and requires the Department of Revenue to send those donor authorizations to the state’s donor registry. It also clarifies through adding Section 157.06(6)(bm) that choosing not to register as a donor though a driver’s license, hunting/fishing/trapping license or state income tax return does not revoke a previously made anatomical gift unless the donor specifically requests to be removed from the donor registry.
Wisconsin allows donor registration through multiple state agencies: driver’s license / ID, huting, fishing, trapping license, income tax return.
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.