State Legislation

The clickable map allows you to review the UAGA and Determination of Death legislation in each state. These state laws facilitate organ and tissue donation commitments and make transplants happen.

The Alliance Resource Section

Hover over each state to access links to official government websites hosting electronic versions of state and federal laws pertaining to anatomical gift laws, determination of death laws and online registries. All citations are to laws and regulations posted on the linked websites as of the date the site was last visited for the purposes of compiling this section of the Toolbox (i.e. through August 2023). In some instances, we have been able to link only to the website home page. In those cases, we have provided navigation instructions to assist you in locating the cited law/regulation.

These links may not remain current as states revise their websites and codes. If the link is broken, cut and paste the link into your browser’s address line. If the link still does not work, please let us know by sending an email to [email protected] .

Please note: Laws (and linked websites) change and your use of the information in this section is subject to the Terms and Conditions of Use.

This section has been reviewed and updated as of August 2023.

Not Pictured

• UAGA: Title 19 > Part II > Chapter 20 > Section 401-425 (Use the navigation details by clicking on the relevant + signs to get to the UAGA content). FPA becomes effective after death (section 402 (2)). Revocation of FPA is NOT allowed after death (section 408 (a)). The UAGA includes a good faith immunity clause (section 418). The UAGA includes instructions for the role of the coroner / ME. OPO must obtain release from the coroner / ME for cases falling under their jurisdiction (section 422& 423). The OPO may ask the ME to attend the organ recovery before declining.
• UDDA: Title 19 > Part IV > Chapter 37 > Subchapter III > Section 869 (When using the link, you may need to check a box acknowledging you are not a robot). UDDA recognizes both respiratory & circulatory death, as well as death by neurological criteria (brain death). Only one brain death declaration is required. It is not specified who must declare brain death. Nurses could potentially pronounce circulatory death in DCD cases.

• UAGA: Title 24 > Part VII > Chapter 150 > Section 3601 – 3620y (Scroll down and use the navigation details by clicking on the relevant + signs to get to the UAGA content.). FPA becomes effective after death (section 3620d. Donors – (a)). It is unclear if revocation of FPA is allowed after death. The UAGA includes a good faith immunity clause (section 3620f). It is unclear what the regulatory requirements are for working with the coroner / ME. Additional Comments:
  • 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.
  Federal Statutes and Regulations

  Federal Statutes

  • National Organ Transplant Act (NOTA), as amend and codified, 42 USC §§ 273 et seq.
  • Social Security Act, Hospital protocols for organ procurement and standards for organ procurement agencies, 42 USC §1320b-8
  Drivers Privacy Protection Act, 18 USC 2721 et. seq. (PL103-322)

  Federal Regulations

  • Basic Hospital Functions: Conditions of Participation: Organ Tissue and Eye Procurement, 42 CFR §482.45
  • Specialty Hospitals: Conditions of Participation, 42 CFR. §§482.68 through 104
  • Critical Access Hospitals: Conditions of Participation: Organ Tissue and Eye Procurement, 42 CFR §485.643
    • Federal Register Notice for Hospital Conditions of Participation, 72 Fed Reg. 15198, 2007-03-30
    • Federal Register Notice for Hospital Identification of Potential Donors, 63 Fed Reg. 33856, 1998-06-22
    • Federal Register Notice for OPO Requirements for Certification and Designation and Conditions for Coverage, 71 Fed Reg. 31046 (2006-05-31)
    Standard Setting Organizations
    • AOPO – Members can access AOPO Standards and Interpretive Guidelines by logging in to the Members Portal. All others should contact AOPO directly.
    • The Joint Commission – Hospital Accreditation Standards here.
    • Health Facilities Accreditation (HFAP)
    • Det Norske Veritas Healthcare (DNV)
    • U.S. Government Information on Organ Donation and Transplantation (OrganDonor.gov) – For information on Organ Donation Legislation and Policy
    • Center for Medicare & Medicaid Services (CMS)
    • Health Resources & Services Administration (HRSA)
    • United Network for Organ Sharing (UNOS)
    • Organ Procurement and Transplant Network (OPTN)
    • Federal Drug Administration (FDA)
    • American Association of Tissue Banks (AATB)
    • Eye Bank Association of America (EBAA)
    References
    • Revised Uniform Anatomical Gift Act (RUAGA) (2006) – National Conference of Commissioners on Uniform State Laws (now the Uniform Law Commission) is available with explanatory comments. See View Final Act (on left) and download Final Act (last amended 2009).
    • Legal Framework for Information Sharing in Organ Donation and Transplantation, Glazier A., New England Organ Bank (NEOB)
    • AST-FMLA Summary
    • Department of Labor Response to Living Donors and FMLA – Download
    • Joint Commission Requirements for Organ Procurement Organizations – Download
    • The Principles of Gift Law and the Regulation of Organ Donation – Download