Uniform Anatomical
Gift Act (2006)
Improving the Donation
Process
National Conference of Commissioners
On Uniform State Laws
History of the UAGA
• Original UAGA promulgated in 1968, created the power
to donate organs, eyes and tissue.
• 1968 UAGA was uniformly adopted in all jurisdictions.
• First revision to UAGA promulgated in 1987, intended to
update Act to reflect changes in circumstance and
practice.
• 1987 UAGA adopted in only 26 states.
Why Revise the UAGA?
• Uneven adoption of 1987 UAGA and
numerous amendments over the years in
each state have eliminated uniformity.
• State and Federal law are no longer in sync.
• The practice of organ donation has changed
significantly, including a rise in the
importance of organ procurement
organizations.
What’s New in 2006 Act?
• New and expanded definitions.
• Increased focus on personal autonomy in the donation
process.
• Clearer rules on the role of family, friends, and caregivers.
• Tools to facilitate the work of organ procurement
organizations.
• Various changes that modernize the Act.
New Definitions
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Adult
Agent
Disinterested Witness
Donor Registry
Driver’s License
Eye Bank
Guardian
Know
Minor
• Organ Procurement
Organization
• Parent
• Prospective Donor
• Reasonably Available
• Recipient
• Record
• Sign
• Tissue Bank
• Transplant Hospital
Individual’s Right to Donate
• Simplifies the document of gift and recognizes driver’s license
donation forms.
• Strengthens individual’s right not to donate by permitting
signed refusals.
Individual’s Right to Donate (cont.)
• Permits minors to make a
gift, with some limitations.
• Better prevents others
from overriding an
individual’s decision to
make or refuse to make
an anatomical gift.
Donations by Others
• Allows agents under a health-care power of attorney
may make a gift during an incapacitated individual’s
lifetime.
• Widens the class of individuals authorized to make a gift
after the donor’s death.
• Provides clearer rules and procedures
for the post-death donation
decision making process.
Organ Procurement Organizations
• Authorizes and provides protocols for states to
create donor registries.
• Allows OPOs to access donor registries, medical
records, and motor vehicle records to locate
documents of gift.
• Reduces the need for OPOs to seek consent
from the family except when donor is a minor.
Other Additions
• As a default rule for use of a gift,
transplantation and therapy are given
priority over research or education.
• Intentional falsification of a document
of gift or refusal is a felony.
• Individual’s acting in good faith in
accordance with the Act or the
applicable laws of another state are
not liable for their actions in civil,
criminal, or administrative
proceedings.
Other Additions
• If there are any refusals in a given class, the
majority of that class determine whether a gift is
made.
• Definition of “reasonably available” addresses
the time-sensitive nature of the organ donation
process.
• Health-care directives requesting withdrawal of
life-support are no longer construed as a refusal
to donate.
Legislative Note
• The UAGA legislative notes recommend
states to keep existing donor registries,
donor awareness programs and other
licensing matters in statutes when
enacting UAGA.
Why is Uniformity Important?
• Transplantation occurs across state boundaries
and requires speed and efficiency if the organ is to
be successfully transplanted into the recipient.
• There is simply no time for researching and
conforming to variations of the laws among the
states.
• Need to harmonize state and federal law and
policy to fully respect autonomy interest of donors.
• Uniformity is highly desirable.
More Information
• www.anatomicalgiftact.org
• Nicole Julal
nicole.julal@nccusl.org
111 N. Wabash Ave. Suite 1010
Chicago, IL 60602
Phone: (312) 450-6600
Fax: (312) 450-6601