Uniform Anatomical Gift Act
Encyclopedia
The Uniform Anatomical Gift Act (UAGA), and its periodic revisions, is one of the Uniform Act
s drafted by the National Conference of Commissioners on Uniform State Laws
(NCCUSL) in the United States
with the intention of harmonizing state law
s in force in the states
.
UAGA governs organ donation
s for the purpose of transplantation
, and it also governs the making of anatomical gifts of one's cadaver
to be dissected
in the study of medicine
. The law prescribes the forms by which such gifts can be made. 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. It also seeks to limit the liability
of health care provider
s who act on good faith
representations that a deceased patient meant to make an anatomical gift. The act also prohibits trafficking and trafficking in human organs
for profit from donations for transplant or therapy.
It provides a template for the legislation
to adjust public policy
and align it with developments in medical practice.
The law has been revised to make the process of making an anatomical gift more streamlined. Formerly, anatomical gifts had to be executed with testamentary
formalities, including the creation of a written instrument with two witness
es. The latest version of the statute eliminates the requirement of the witnesses. This change is to encourage the practice of allowing an anatomical gift to be made by a notation on a driver's license
.
Uniform Act
In the United States, a Uniform Act is a proposed state law drafted by the U.S. Uniform Law Commission and approved by its sponsor, the National Conference of Commissioners on Uniform State Laws ....
s drafted by the National Conference of Commissioners on Uniform State Laws
National Conference of Commissioners on Uniform State Laws
The National Conference of Commissioners on Uniform State Laws is a non-profit, unincorporated association commonly referred to as the U.S. Uniform Law Commission. It consists of commissioners appointed by each state, the District of Columbia, the Commonwealth of Puerto Rico and the United States...
(NCCUSL) in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
with the intention of harmonizing state law
State law
In the United States, state law is the law of each separate U.S. state, as passed by the state legislature and adjudicated by state courts. It exists in parallel, and sometimes in conflict with, United States federal law. These disputes are often resolved by the federal courts.-See also:*List of U.S...
s in force in the states
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
.
UAGA governs organ donation
Organ donation
Organ donation is the donation of biological tissue or an organ of the human body, from a living or dead person to a living recipient in need of a transplantation. Transplantable organs and tissues are removed in a surgical procedure following a determination, based on the donor's medical and...
s for the purpose of transplantation
Organ transplant
Organ transplantation is the moving of an organ from one body to another or from a donor site on the patient's own body, for the purpose of replacing the recipient's damaged or absent organ. The emerging field of regenerative medicine is allowing scientists and engineers to create organs to be...
, and it also governs the making of anatomical gifts of one's cadaver
Cadaver
A cadaver is a dead human body.Cadaver may also refer to:* Cadaver tomb, tomb featuring an effigy in the form of a decomposing body* Cadaver , a video game* cadaver A command-line WebDAV client for Unix....
to be dissected
Dissection
Dissection is usually the process of disassembling and observing something to determine its internal structure and as an aid to discerning the functions and relationships of its components....
in the study of medicine
Medicine
Medicine is the science and art of healing. It encompasses a variety of health care practices evolved to maintain and restore health by the prevention and treatment of illness....
. The law prescribes the forms by which such gifts can be made. It also provides that in the absence of such a document, a surviving spouse, or if there is no spouse
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
, a list of specific relatives in order of preference, can make the gift. It also seeks to limit the liability
Legal liability
Legal liability is the legal bound obligation to pay debts.* In law a person is said to be legally liable when they are financially and legally responsible for something. Legal liability concerns both civil law and criminal law. See Strict liability. Under English law, with the passing of the Theft...
of health care provider
Health care provider
A health care provider is an individual or an institution that provides preventive, curative, promotional or rehabilitative health care services in a systematic way to individuals, families or communities....
s who act on good faith
Good faith
In philosophy, the concept of Good faith—Latin bona fides “good faith”, bona fide “in good faith”—denotes sincere, honest intention or belief, regardless of the outcome of an action; the opposed concepts are bad faith, mala fides and perfidy...
representations that a deceased patient meant to make an anatomical gift. The act also prohibits trafficking and trafficking in human organs
Organ theft
Organ harvesting refers to the removal, preservation and use of human organs and tissue from the bodies of the recently deceased to be used in surgical transplants on the living...
for profit from donations for transplant or therapy.
It provides a template for the legislation
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
to adjust public policy
Public policy
Public policy as government action is generally the principled guide to action taken by the administrative or executive branches of the state with regard to a class of issues in a manner consistent with law and institutional customs. In general, the foundation is the pertinent national and...
and align it with developments in medical practice.
History
There were acts in 1968, 1987, and 2006. In 2007, 20 states enacted the UAGA.The law has been revised to make the process of making an anatomical gift more streamlined. Formerly, anatomical gifts had to be executed with testamentary
Will (law)
A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death...
formalities, including the creation of a written instrument with two witness
Witness
A witness is someone who has firsthand knowledge about an event, or in the criminal justice systems usually a crime, through his or her senses and can help certify important considerations about the crime or event. A witness who has seen the event first hand is known as an eyewitness...
es. The latest version of the statute eliminates the requirement of the witnesses. This change is to encourage the practice of allowing an anatomical gift to be made by a notation on a driver's license
Driver's license
A driver's license/licence , or driving licence is an official document which states that a person may operate a motorized vehicle, such as a motorcycle, car, truck or a bus, on a public roadway. Most U.S...
.
See also
- Anatomical gifts
- List of Uniform Acts (United States)