Uniform Anatomical Gift Act
The Uniform Anatomical Gift Act (UAGA), and its periodic revisions, is one of the Uniform Acts drafted by the National Conference of Commissioners on Uniform State Laws (NCCUSL), also known as the Uniform Law Commission (ULC), in the United States with the intention of harmonizing state laws between the states.<ref name=":3" /><ref name=":2" /><ref name=":0">Template:Cite web</ref>
The UAGA governs organ donations for the purpose of transplantation.<ref name=":0" /> The Act permits any adult to become an organ donor.<ref name=":4">Template:Cite journal</ref> It also governs the making of anatomical gifts of one's cadaver to be dissected in the study of medicine.<ref name=":0" /> The law prescribes the forms by which such gifts can be made.<ref name=":0" /><ref name=":2" /><ref name=":3" /> It also provides that in the absence of such a document, a surviving spouse, or if there is no spouse, a list of specific relatives in order of preference, can make the gift.<ref name=":0" /> It also seeks to limit the liability of health care providers who act on good faith representations that a deceased patient meant to make an anatomical gift.<ref name=":0" /> The Act also prohibits trafficking and trafficking in human organs for profit from donations for transplant or therapy.<ref name=":5">Template:Cite journal</ref><ref name=":6">Template:Cite journal</ref>
The UAGA provides a template for the legislation to adjust public policy and align it with developments in medical practice.<ref name=":0" /> Some states have their own version of the UAGA which is an updated version of the Uniform laws already enacted throughout the United States.<ref name=":10">Template:Cite journal</ref><ref name=":11">Template:Cite web</ref>
History
There were three versions of the Uniform Anatomical Gift Act that were enacted; the first was the UAGA of 1968, which was followed up with revisions in 1987. The most recent version was created in 2006.<ref name=":0" /> The Uniform Anatomical Gift Act has been established in some form, in every state and the District of Columbia (D.C.), as of 2017.<ref name=":10" /><ref name=":4" />
The law has been revised to make the process of making an anatomical gift more streamlined, "in light of changes in federal law and regulation and related developments in the field of organ donation, thereby facilitating the availability of organs for transplantation."<ref>Template:Cite web</ref> The demand for donated organs is extremely high due to the fact that a large number of people die while waiting for an organ transplant in the United States.<ref name=":5" /><ref name=":0" /><ref>Template:Cite journal</ref> As of 2016, there were fewer registered organ donors than people in need of an organ or tissue transplant.<ref name=":5" />
Formerly, anatomical gifts had to be executed with testamentary formalities, including the creation of a written document with two witnesses; the latest version of the statute eliminates the requirement of the witnesses.<ref name=":2" /> Medical examiners and medical professionals who cared for a patient upon their death were previously permitted to remove a part of a body if there was no known next of kin, or if the body was unidentified.<ref name=":5" /> This change is to encourage the practice of allowing an anatomical gift to be made by a notation on a driver's license.<ref name=":5" /><ref name=":0" />
The Uniform Anatomical Gift Act of 1968
The first Uniform Anatomical Gift Act was created after the first successful heart transplant in 1967; the operation was performed by Dr. Christiaan Barnard.<ref name=":0" /> In 1968, Congress approved the UAGA and recommended that all states adopt it.<ref name=":7">Template:Cite journal</ref> The Act was the first legislation enacted by all states in United States to address the donation of organs, tissues, and eyes as gifts to someone who may be in need of an organ for survival.<ref name=":2">Template:Cite web</ref><ref name=":0" /> The UAGA was drafted in order to increase organ and blood supplies and donation and to protect patients in the United States.<ref name=":7" /> It replaced numerous state laws concerning transplantation and laws lacking a uniform procedure of organ donation and an inadequate process of becoming a donor.<ref name=":7" />
All states adopted the original version of the law.<ref name=":2" />
The Uniform Anatomical Gift Act of 1987
In 1987, the Uniform Anatomical Gift Act of 1968 was revised so that there was a uniform manner of obtaining consent from individuals.<ref name=":7" /><ref name=":0" /> At this time, every state enacted at least some part of the UAGA.<ref name=":7" /> The provisions of the UAGA of 1968 would ban the purchase and sale of body parts, facilitate the simplified process of obtaining authorization to retrieve organs, and ensure that medical staff establish procedures and guidelines to identify organ donors while under hospital care.<ref name=":9">Template:Cite journal</ref> The Act also characterized a body part or organ as property because of the ability of a living individual to gift parts of their body to another individual.<ref name=":3" /><ref name=":7" /> Another major statement that this revised version of the UAGA made was that a coroner's investigation or an autopsy could not be obstructed by an individual's wish for organ donation.<ref name=":7" /> The 1987 UAGA regulated organs for the purposes of transplantation or therapy.<ref name=":9" /> In addition, the individual's wishes to donate were prioritized over the family's or next of kin's wishes. Hospitals were authorized to retrieve organs if an individual was found to have documentation of consenting.<ref name=":9" />
The Act's revisions were enacted by 26 states: Alabama, Arizona, Arkansas, California, Hawaii, Idaho, Indiana, Iowa, Minnesota, Montana, Nevada, New Hampshire, New Mexico, North Dakota, Oregon, Rhode Island, the U.S. Virgin Islands, Utah, Virginia, Washington, and Wisconsin.<ref name=":3">Template:Cite web</ref>
The Uniform Anatomical Gift Act of 2006
Summary
In 2006, The Uniform Anatomical Gift Act was revised with three main goals: motivating more of the population to make anatomical gifts, making honoring an individual's wishes to donate a priority, and maintaining the current organ donation and transplantation system in the United States.<ref name=":5" /> It also has the purpose of setting rules and guidelines for determining the purposes that one had for choosing to make a gift as well as the purpose of the gift of an organ, eye, or tissue itself.<ref name=":0" /> The UAGA was revised to accommodate the developments in medicine and science regarding organ donation and transplantation, as well as the regulations of donation and transplantation with the goal of increasing the supply of gifted organs.<ref name=":5" /><ref name=":0" /> The Uniform Anatomical Gift Act of 2006 was revised to make the laws governing anatomical gifts more uniform between states that had enacted and continued to enforce the UAGA of 1968 and ones that had enacted the revised UAGA of 1987, leading to more consistency.<ref name=":0" />
Revisions
The UAGA of 2006 allows for individuals to consent to organ donation by expressing their wish when obtaining a driver's license, through verbal expression, by writing it in a will or other advance directive, or in any other manner, simplifying the consent process.<ref name=":0" /> This is also known as "opting in" to organ donation.Template:Cn In some states, one may register to become an organ donor online on a state's Donor Registry website, and an individual is permitted to choose which organs they wish to donate by checking boxes.<ref name=":5" /> An important addition to the UAGA of 2006 was the strengthening of certain language regarding one's right to make a decision for themselves pertaining to consent of organ donation, making it harder for others to try to nullify one's wish to consent after their death.<ref name=":6" /><ref name=":0" /> The only exception allowing an individual's consent to donate to be overridden is in the case of the death of a minor when parents or guardians may override the minor's consent.<ref name=":6" /><ref name=":0" /> Language in the Act is also made more clear so that one cannot revoke an anatomical gift as the donor's decision is final.<ref name=":6" /><ref name=":0" /> This revised UAGA additionally created legislation allowing certain people to make an anatomical gift to another person while the donating individual is still alive.<ref name=":0" /> It is stated that it's the duty of law enforcement officers, firefighters, paramedics, and other emergency personnel to search for the records of donor consent upon death.<ref name=":5" /> Another significant addition to the Uniform Anatomical Gift Act of 2006 is the rule of making transplantation or therapy prioritized over research or education with an anatomical gift when a donor's wishes are unclearly stated in documentation.<ref name=":0" />
The Uniform Anatomical Gift Act of 2006 clarifies words written in the law that formerly were ambiguous and confusing such as: anatomical gift, record, refusal, guardian, prospective donor, reasonably available, and disinterested witness.<ref name=":6" /><ref name=":5" />
The UAGA revision of 2006 makes it a felony punishable by a fine or prison to falsify, deface, or destroy organ donor documentation of another.<ref name=":5" />
Many states have drafted and enacted their own updated versions of the UAGA based on the revisions of 2006.<ref name=":10" /><ref name=":11" />
Legislation status of UAGA in the U.S.
In the United States, all states have enacted some version of the UAGA.<ref name=":10" /><ref name=":11" /> States have the authority to use the Uniform Anatomical Gift Acts as a template to put additional revisions into law depending on what best fits the state's needs.<ref name=":10" />
| U.S. State or Territory | UAGA Legislation Version | State Law Location | Legal Citation |
|---|---|---|---|
| Alabama | 2006 | Title 22, Chapter 19, Article 9, Alabama Code | Ala. Code § 22-19-160 to § 22-19-174 |
| Alaska | 2006 | Title 13, Chapter 52, Article 4, Alaska Statutes | Alaska Stat. §§ 13.52.170-13.52.280 |
| Arizona | 2006 | Title 36, Chapter 7, Article 3, Arizona Revised Statutes | Ariz. Rev. Stat. §§ 36-841-36-844 |
| Arkansas | 2006 | Title 20, Subtitle 2, Chapter 17, Subchapter 12, Arkansas Code | Ark. Code Ann. §§ 20-17-1201 to 20-17-1218 |
| California | 2006 | California Health and Safety Code, Chapter 3.5 | Cal. Health & Saf. Code §§ 7150-7156.5 |
| Colorado | 2006 | Title 15, Article 19, Part 2, Colorado Revised Statutes | Colo. Rev. Stat. §§ 15-19-201 to 15-19-223 |
| Connecticut | 2010 | Title 19a, Chapter 368i, Connecticut General Statutes | Conn. Gen. Stat. §§ 19a-289 to 19a-289v |
| Delaware | 2015 | Title 16, Chapter 27, Subchapter II, Delaware Code | Del. Code tit. 16 § 2710-2731 |
| District of Columbia (D.C.) | 1968 | Title 7, Subchapter II-A, D.C. Code | D.C. Code § 7-1531.01 to § 7-1531.22 |
| Florida | 2008 | Chapter 765, Part V, Florida Statutes | FS. §§ 765.510-765.547 |
| Georgia | 2006 | Title 44, Chapter 5, Article 6, Georgia Code Annotated | Ga. Code Ann. §§ 44-5-143 to 44-5-153 |
| Hawaii | 2006 | Title 19, Chapter 327, Part I, Hawaii Revised Statutes | HRS §§ 327-3 to 327-11 |
| Idaho | 2006 | Title 39, Chapter 34, Subchapter 34, Idaho Code | Idaho Code §§ 39-3401 to 39-3420 |
| Illinois | 2006 | 755 Illinois Compiled Statutes 50/Article 5 | 755 ILCS 50/5-5 and 755 ILCS 50/5-20 |
| Indiana | 2006 | Title 29, Article 2, Chapter 16.1, Indiana Code | Ind. Code § 29-2-16.1-1 to § 29-2-16.1-14 |
| Iowa | 2006 | Chapter 142C, Iowa Code | Iowa Code § 142C.1 to § 142C.15 |
| Kansas | 2006 | Article 32, Kansas Statutes | Kan. Stat. art. 32 |
| Kentucky | 2006 | Title 26, Chapter 311, Kentucky Revised Statutes | Ky. Rev. Stat. §§ 311.1915-311.1931 |
| Louisiana | 2006 | Title 17, Chapter 23, Part III, Louisiana Revised Statutes | La. Rev. Stat. Ann. §§ 17:2351-17:2359 |
| Maine | 2006 | Title 22, Chapter 710-B, Maine Revised Statutes | Me. Rev. Stat. tit. 22 § 2941 et seq. |
| Maryland | 2012 | Title 4, Subtitle 5, Maryland Code | Md. Code, Estates & Trusts § 4-501 to § 4-522 |
| Massachusetts | 2006 | Chapter 113A, Massachusetts General Laws | M.G.L. c. 113A §§ 1-13 |
| Michigan | 2008 | Public Health Code, Article 10, Part 101, Michigan Compiled Laws | MCL 333.10101 - 333.10123 |
| Minnesota | 2006 | Chapter 525A, Minnesota Statutes | Minn. Stat. § 525A.01 to 525A.21 |
| Mississippi | 2006 | Title 41, Chapter 39, Mississippi Code | Miss. Code Ann. §§ 41-39-101 to 41-39-149 |
| Missouri | 2006 | Chapter 194, Missouri Revised Statutes | Mo. Rev. Stat. §§ 194.210-194.290 |
| Montana | 2006 | Title 72, Chapter 17, Montana Code Annotated | Mont. Code Ann. §§ 72-17-201 to 72-17-214 |
| Nebraska | 2006 | Chapter 71, Article 48, Nebraska Revised Statutes | Neb. Rev. Stat. §§ 71-4834-71-4842 |
| Nevada | 2006 | Chapter 451, Subchapter 5, Nevada Revised Statutes | NRS §§ 451.500-451.571 |
| New Hampshire | 2006 | Title 26, Chapter 291-A, New Hampshire Revised Statutes Annotated | RSA 291-A:1-291-A:23 |
| New Jersey | 2006 | Title 26, Chapter 6, New Jersey Revised Statutes | N.J. Stat. Ann. § 26:6-77 et seq. |
| New Mexico | 2006 | Chapter 24, Article 6B, New Mexico Statutes Annotated | N.M. Stat. Ann. §§ 24-6B-1 to 24-6B-23 |
| New York | 1987 | Article 43, Public Health Law, New York | N.Y. Pub. Health Law § 4300 et seq. |
| North Carolina | 2006 | Chapter 130A, Article 16, Part 3A, North Carolina General Statutes | N.C. Gen. Stat. §§ 130A-412.4 to 130A-412.31 |
| North Dakota | 2006 | Chapter 23-06.6, North Dakota Century Code | N.D.C.C. §§ 23-06.6-01 to 23-06.6-14 |
| Ohio | 2006 | Chapter 2108, Human Bodies Or Parts Thereof, Ohio Revised Code | Ohio Rev. Code §§ 2108.02-2108.35 |
| Oklahoma | 2006 | Title 63, Chapter 46, Article 3, Oklahoma Statutes | Okla. Stat. tit. 63 § 2200.1A - § 2200.18A |
| Oregon | 2013 | Chapter 97, Article 9, Oregon Revised Statutes | Or. Rev. Stat. §§ 97.955-97.980 |
| Pennsylvania | 1987 | Title 20, Chapter 86, Pennsylvania Consolidated Statutes | Pa. Cons. Stat. §§ 8611- |
| Puerto Rico | 2006 | Title 24, Chapter 150 of the Laws of Puerto Rico | 24 L.P.R.A. §§ 3620d-3620y |
| Rhode Island | 2006 | Chapter 23-18.6.1, Rhode Island | R.I. Gen. Laws § 23-18.6.1-9 |
| South Carolina | 2006 | Title 44, Chapter 43, Article 14, South Carolina Code Ann. | S.C. Code Ann. §§ 44-43-310 & 44-43-320 & 44-43-345 |
| South Dakota | 2006 | Title 34, Chapter 26, Article 6, South Dakota Codified Laws | S.D. Codified Laws §§ 34-26-51 to 34-26-59 |
| Tennessee | 2006 | Title 68, Chapter 30, Part 1, Tennessee Code Annotated | Tenn. Code Ann. §§ 68-30-101 to 68-30-132 |
| Texas | 2006 | Texas Health and Safety Code, Chapter 692A | Tex. Health & Saf. Code §§ 692A.001 - 692A.023 |
| U.S. Virgin Islands | 2006 | Title 19, Chapter 20, US Virgin Islands Code | V.I. Code tit. 19, § 409 |
| Utah | 2006 | Title 26b, Chapter 8, Part 3, Utah Code Annotated | Utah Code Ann. §§ 26B-8-301 to 26B-8-320 |
| Vermont | 2006 | Title 18, Chapter 110, Vermont Statutes Annotated | Vt. Stat. Ann. §§ 5250d-5250k |
| Virginia | 2006 | Title 32.1, Chapter 8, Article 2, Virginia Code | Va. Code §§ 32.1-291.1 to 32.1-291.23 |
| Washington | 2006 | Chapter 70.08, Revised Code of Washington | RCW §§ 70.08.010-70.08.900 |
| West Virginia | 2008 | Title 16, Article 19, West Virginia Code | W. Va. Code §§ 16-19-11 to 16-19-33 |
| Wisconsin | 2006 | Chapter 157, Wisconsin Statutes | Wis. Stat. § 157.06 |
| Wyoming | 2006 | Title 35, Chapter 5, Article 2, Wyoming Statutes Annotated | Wyo. Stat. Ann. §§ 35-5-201 to 35-5-223 |
Ethical concerns
The UAGA does not specify regulations for organ donation by a prisoner or prohibit an inmate from donating their body or an organ.<ref name=":4" /> Christian Longo, a convicted murderer, has played a key role in rousing public debate regarding the rights of the incarcerated to become organ donors.
The retrieval of gametes from the deceased have been the subject of controversy because of the highly publicized court case In re Matter of Daniel Thomas Christy in Iowa, regarding the right to retrieve reproductive cells (posthumous sperm retrieval) from a deceased spouse or partner.<ref name=":8">Template:Cite journal</ref> The argument against the retrieval of post mortem gametes in this case was that the UAGA stated the purposes of donation were for transplantation, therapy, research, or education.<ref name=":8" />
Since the Uniform Anatomical Gift Act was put into effect in all states, there still has been a donor shortage in the United States.<ref name=":0" /><ref name=":7" /><ref name=":9" />
Case law
- Werling v. Sandy (Ohio 1985)
See also
- Anatomical gifts
- List of Uniform Acts (United States)
- Organ donation
- Transplantation
- Gift of Life
- National Organ Transplant Act (NOTA) of 1984
References
<references />