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Topic: Uniform Anatomical Gift Act

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	Uniform Anatomical Gift Act - Wikipedia, the free encyclopedia
		The Uniform Anatomical Gift Act is one of the uniform acts that attempt to harmonize the law in force in the fifty U.S. states.
		Formerly, anatomical gifts had to be executed with testamentary formalities, including the creation of a written instrument with two witnesses.
		This change is to encourage the practice of allowing an anatomical gift to be made by a notation on a driver's license.
	en.wikipedia.org /wiki/Uniform_Anatomical_Gift_Act (250 words)

	PART II (Site not responding. Last check: 2007-10-09)
		If the gift is made to a specified donee who is not available at the time and place of death, the attending physician upon or following death, in the absence of any expressed indication that the donor desired otherwise, may accept the gift as donee.
		If the gift is made by the donor to a specified donee, the will, card or other document, or an executed copy thereof, may be delivered to the donee to expedite the appropriate procedures immediately after death, but delivery is not necessary to the validity of the gift.
		If the gift is of a part of the body, the donee, upon the death of the donor and prior to embalming, shall cause the part to be removed without unnecessary mutilation.
	www.delcode.state.de.us /title16/c027/sc02 (2020 words)

	Organ & Tissue Donation - Legislation Passed Into Law (5)
		The Uniform Anatomical Gift Act was promulgated in 1968.
		A gift of one organ, e.g., eyes, is not a limitation on the gift of other organs after death, in the absence of contrary indication by the decedent (Section 2(j)).
		Hospitals have been substituted for attending physicians as donees of anatomical gifts (Section 6(b)), and they are required to establish agreements or affiliations with other hospitals and procurement organizations in the region to coordinate the procurement and utilization of anatomical gifts (Section 9).
	www.nyodn.org /organ/l_legispass_5.html (1060 words)

	NCCUSL Header
		In 1987, the Uniform Anatomical Gift Act was thoroughly revised as a result of the 15 years' experience under the original act.
		In certain instances, the 1987 Act permits organs to be taken when there is no "document of gift" and consent to remove organs has not been obtained from a relative empowered to give consent.
		The 1987 Act requires a hospital to request every incoming patient to consider making a "document of gift." Each patient has to be asked if he or she has consented to donating organs.
	www.nccusl.org /nccusl/uniformact_summaries/uniformacts-s-aga87.asp (946 words)

	Michigan Appellate Digest - 156442 Kelly-Nevils v Detroit Receiving Hospital (Site not responding. Last check: 2007-10-09)
		The uniform anatomical gift act was adopted to encourage and facilitate the demand for human tissue and organ donations for research and transplantation.
		The act was designed to balance the competing interests of the need for organ donations and the religious and moral sensibilities of those who do not wish to donate within the short time allowed in which the removal and preservation of organs is possible.
		Whether a person acted in good faith in removing an organ for donation pursuant to the uniform anatomical gift act is a question of law for the court to decide.
	courtofappeals.mijud.net /Digest/newHTML/15644221.htm (854 words)

	List of Uniform Acts (United States) - Wikipedia, the free encyclopedia
		In the United States, a Uniform Act is an act proposed by the Uniform Law Commissioners, more formally known as the National Conference of Commissioners on Uniform State Laws (NCCUSL), a body of lawyers and other professionals who work for the standardisation of U.S. state laws.
		Some legal scholars have argued that the existence and codification of Uniform acts, most notably the Uniform Commercial Code has given American law less of a common law flavor and made it more similar to a civil law system.
		Uniform Supervision Of Trustees For Charitable Purposes Act (1954)
	en.wikipedia.org /wiki/List_of_Uniform_Acts_(United_States) (418 words)

	Organ & Tissue Donation - Legislation Passed Into Law (1)
		The Uniform Anatomical Gift Act was enacted in August 1968 for the purpose of establishing comprehensive and uniform laws regarding organ and tissue donations.
		The execution of an anatomical gift is preferably made by the donor, with that intent conveyed to and discussed with family members.
		If the gift is for some parts of the entire body, these will be removed as soon as possible after death and the remainder of the body returned to the family or next of kin for disposition.
	www.donatelifeny.org /organ/l_legispass.html (469 words)

	Organ Donor Laws (Site not responding. Last check: 2007-10-09)
		The general assembly hereby finds and declares that the use of anatomical gifts, including the donation of organs or tissue, for the purpose of transplantation is of great interest to the well-being of the citizens of this state and may save or prolong the life or improve the health of extremely ill and dying persons.
		If the gift is made by the donor to a specificied donee, the will, card, or other document, or an executed copy thereof, may be delivered to the donee to expedite the appropriate procedures immediately after death, but delivery is not necessary to the validity of the gift.
		(3) A person who acts in good faith in accordance with the terms of this part 1, or under the anatomical gift laws of another state or a foreign country, is not liable for damages in any civil action or subject to prosecution in any criminal proceeding for his act.
	www.cofda.org /laws/organ.htm (3002 words)

	[No title]
		The 1968 Act succeeded in its purpose by, among other things, simplifying the making of anatomical gifts through the recognition of the universal donor card, and by clarifying the procedure for the making of such gifts by a decedent's family members in the absence of a gift made during the donor's lifetime.
		Under the new Act, for example, a gift of one organ, e.g., eyes, is not a limitation on the gift of other organs after death, in the absence of a contrary indication by the decedent (section 2(j)).
		While the Uniform Act does not include the "good faith" language used in the 1985 New Jersey amendment, it is probably fairly implied both in the express language "shall cooperate" as well as in the context of the entire Uniform Act.
	www.lawrev.state.nj.us /rpts/anagft.doc (3219 words)

	Nevada Revised Statutes: Chapter 451
		An anatomical gift by a person authorized under subsection 1 may be revoked by any member of the same or a prior class if, before procedures have begun for the removal of a part from the body of the decedent, the physician, technician or enucleator removing the part knows of the revocation.
		The document of gift, or a copy, may be deposited in any hospital, procurement organization or registry office that accepts it for safekeeping or for facilitation of procedures after death.
		If the gift is of a part of a body, the donee, upon the death of the donor and before embalming, shall cause the part to be removed without unnecessary mutilation.
	www.leg.state.nv.us /NRS/NRS-451.html (9928 words)

	The Sullivan Group
		The remaining eighteen states have adopted a later uniform act, the Uniform Anatomical Gift Act of 1987 (discussed infra), or in the case of Indiana, a hybrid of the two acts.
		In response to proposals for improvements in the 1968 Act, the NCCUSL began work in 1985 to draft amendments to the Act, and the 1987 Uniform Anatomical Gift Act (“1987 Act”) was approved in 1987, and has subsequently been adopted, in large part, by eighteen states.
		Section 2(h) of the 1987 Act clarified the fact that an individual’s donation of his or her organs and/or tissue cannot be overridden.
	www.thesullivangroup.com /physician_law_review/anatomical_gifts/anatomical_2_historical.html (2230 words)

	SF 2195 ... the uniform anatomical gift Act including the document...
		If an anatomical gift is made to a designated donee, 3 16 the document of gift, or a copy, may be delivered to the donee 3 17 to expedite the appropriate procedures after the death of the 3 18 donor.
		The document of gift, or a copy, may be deposited in 3 19 any hospital, organ procurement organization, bank or storage 3 20 organization, or donor registry office that accepts the 3 21 document of gift for safekeeping or for the facilitation of 3 22 procedures after the death of the donor.
		Upon request of 3 28 a hospital, physician, or surgeon, upon or after the donor's 3 29 death, the person in possession of the document of gift may 3 30 allow the hospital, physician, or surgeon to examine or copy 3 31 the document of gift.
	www.legis.state.ia.us /GA/79GA/Legislation/SF/02100/SF02195/Current.html (882 words)

	Organ and Tissue Donation and Transplantation - A Legal Perspective
		Prior to the drafting of the Uniform Anatomical Gift Act of 1968 (AGA), there were no Federal laws addressing organ and tissue donation, and the laws then on the books in the various states did not address the relevant issues relating to organ and tissue donation in anywhere near a complete manner.
		The 1984 Act provided grants for the planning, establishment, initial operation and expansion of "qualified organ procurement organizations." To qualify for such funds, the OPO had to (1) be a nonprofit entity qualified to receive Medicare reimbursement for kidney procurement and (2) have established procedures to "obtain payment for non-renal organs provided to transplant centers.
		Little explanation for the inclusion history of the Act, except the note that she committee responsible for its inclusion believed that human body parts should not be viewed as commodities.
	www.transweb.org /reference/articles/donation/nacta.html (2013 words)

	Title 26. Utah Health Code, Chapter 28. Uniform Anatomical Gift Act
		If the individual is physically unable to sign, another person may sign the document of gift in the individual's and two witnesses' presence, and state that the document of gift has been signed in accordance with the individual's wishes.
		(ii) if he finds a document of gift, evidence of a document of gift, or evidence of refusal, notify the hospital to which the individual is taken and deliver the evidence to the hospital.
		(3) Any person who acts in good faith and in accordance with this chapter, or an anatomical gift law of another state or foreign country is not liable for his actions in a civil action or criminal proceeding.
	www.code-co.com /utah/code/04/26-28.htm (2825 words)

	ACTEC - American College of Trust and Estate Counsel - Organ Transplants, the Uniform Anatomical Gift Act and Probate ...
		The Uniform Anatomical Gift Act (U.A.G.A.) was enacted by all 50 states as the respective State Anatomical Gift Acts.
		This paper will discuss these gift acts, their shortcomings, and recommendations for altering them to make human organs more like regular tangible property that can be contracted for, bequeathed, and exchanged for valuable consideration should the person make a futures contract to do so.
		The act should remain in place in order to prevent such a market from appearing, but should be amended to allow the exchange of organs for valuable consideration once death has occurred.
	www.actec.org /private/freeform/page.asp?PageID=568 (7026 words)

	[No title]
		If the donor cannot sign, the document of gift shall be signed by another individual and by two witnesses, all of whom have signed at the direction and in the presence of the donor and of each other, and state that it has been so signed.
		(c) An anatomical gift by a person authorized under subsection (a) shall be made by (1) a document of gift signed by the person or (2) the person's telegraphic, recorded telephonic, or other recorded message, or other form of communication from the person that is contemporaneously reduced to writing and signed by the recipient.
		(d) An anatomical gift by a person authorized under subsection (a) may be revoked by any member of the same or a prior class if, before procedures have begun for the removal of a part from the body of the decedent, the physician, surgeon, surgeon's assistant, or enucleator removing the part knows of the revocation.
	www.legislature.state.al.us /searchableInstruments/2001TS/Bills/SB96.htm (2647 words)

	ISBA Press Release (Site not responding. Last check: 2007-10-09)
		The Act regulates who may execute an anatomical gift, who may become a recipient, purposes for which the gifts are made, the manner of executing such gifts, and the rights and duties of persons involved after the death of the donor.
		The gift may be made to the following persons in order of priority: the spouse, adult sons or daughters, either parent, adult brothers or sisters, and a guardian of the decedent.
		When gifts are made by an individual donor by a will or a written document, a copy of the document may be delivered either to the recipient or other facility that accepts it for safekeeping in order to expedite procedures after death, but such delivery is not necessary to the validity of the gift.
	www.illinoisbar.org /Newscenter/columns/2003/dec/1.html (638 words)

	SB584 - Revises Uniform Anatomical Gift Act
		(15) Current law, which prohibits a physician who is a relative of the donee of the gift from tending to the donor during death or certifying the death, is removed.
		(18) Medical professionals acting or attempting to act in good faith with the provisions of this act or the anatomical gift law of another state or country are not liable in civil or criminal proceedings; and
		(19) An individual making his or her own anatomical gift, or on behalf of another according to the prioritization list, shall not be liable for any injury or damage which may result.
	www.senate.state.mo.us /96info/bills/SB584.htm (579 words)

	[No title]
		The Utah Uniform Anatomical Gift Act is one of the most comprehensive organ, eye and tissue donor laws in the United States.
		Amended in 1995, the Act requires hospitals to offer the option of donation from the next of kin, and it provides opportunities for members of the public and professional communities to learn about organ, eye, and tissue donation.
		All deaths regardless of referral outcome, must be documented by hospital staff using the Inquiry of Anatomical Gift form or incorporated into the Utah Department of Health-approved section of the existing hospital death form.
	www.utaheyebank.org /discover/utah_act.php (920 words)

	SB617 - Modifies Missouri's Uniform Anatomical Gift Act
		HCS/SCS/SBs 617 & 646 - This act modifies Missouri's Uniform Anatomical Gift Act.
		Within 1 year of the effective date of this act, the hospital shall develop a protocol for organ requests.
		This act is substantially similar to SB 646, HB 1178 (2000).
	www.senate.state.mo.us /00info/bills/SB617.htm (821 words)

	The Sullivan Group
		This significant obstacle to organ procurement was noted in the Prefatory Note to the 1987 UAGA which quoted a 1985 Gallup Poll finding that nearly half of the people who were “very likely” to donate their organs had never told their families of their desire.
		Uniform Anatomical Gift Act (1968) [hereinafter 1968 Act].
		Daphne D. Sipes, Legislative Update on the State Adoption of the 1987 Revision to the Uniform Anatomical Gift Act of 1968, 4 BYU J. Pul.L. 1968 Act Refs.
	www.thesullivangroup.com /physician_law_review/anatomical_gifts/anatomical_7_conclusion.html (606 words)

	Anatomical Gift Program (Site not responding. Last check: 2007-10-09)
		The Uniform Anatomical Gift Act adopted on July 30, 1968 enables individuals to donate their bodies to medical research and teaching, and here at MUSC donor bodies are used exclusively for teaching freshman medical students.
		The Uniform Anatomical Gift Program came into existence under the Uniform Anatomical Gift Act adopted July 30, 1968 by the National Conference of Commissioners on Uniform State Law and the American Bar Association.
		This Act enables individuals to donate their bodies or bodily organs to medical science.
	www.muschealth.com /giving/anatomgift.htm (1360 words)

	California Appellate Court Decision on Legality of Cryonics
		DHS has also recognized "scientific use," a disposition associated with the Uniform Anatomical Gift Act as an additional means of legally dealing with human remains.
		Mitchell further admonished that state law provides for "storage" of a dead body only if it is used "for scientific purposes or qualifies as a gift under the Anatomical Gift Act" and pointed out that disposing of a dead body anywhere in the city or county, except within a cemetery, is a misdemeanor.
		It is enough that we agree DHS' sudden and unexplained about-face with respect to Alcor's status as a donee under the Uniform Anatomical Gift Act cannot be premised upon Alcor's failure to secure a license as a procurement organization when DHS has failed to establish a mechanism for obtaining such a license.
	www.alcor.org /printable.cgi?fname=Library/html/CaliforniaAppellateCourtDecison.html (1375 words)

	Organ Donation (Site not responding. Last check: 2007-10-09)
		Organ donations are often referred to as "anatomical gifts." All fifty states have passed some version of the Uniform Anatomical Gift Act.
		This act allows a person to make a gift of organs and tissues during his or her lifetime with the gift to take effect upon death.
		The Uniform Anatomical Gift Act allows for organs, tissues, or parts to be used for transplantation, therapy, research, and medical education.
	www.4expertise.com /Organ_Donation.html (1627 words)

	UAGA
		FCA has submitted a letter asking the National Conference of Commissioners on Uniform State Laws to reopen the Uniform Anatomical Gift Act for possible amendment.
		The Uniform Anatomical Gift Act, drafted in 1968, created a template whereby states could ensure donated organs were allocated to those most in need.
		The Act prohibits the sale of donated human bodies and tissue for transplantaion and therapy and has worked effectively to maintain a system of organ donation free from suspicions of profiteering or payoffs.
	www.funerals.org /UAGA.htm (675 words)

	Chapter 130A (Site not responding. Last check: 2007-10-09)
		An operation permit issued pursuant to G.S. shall be immediately suspended for failure of a public swimming pool to maintain minimum water quality or safety standards or design and construction standards pertaining to the abatement of suction hazards which result in an unsafe condition.
		In order to establish a uniform staggered term structure for the board, a member may be appointed for less than a three‑year term.
		The purchase of liability insurance pursuant to this subsection waives both the district board of health's and the district health department's governmental immunity, to the extent of insurance coverage, for any act or omission occurring in the exercise of a governmental function.
	www.ncga.state.nc.us /EnactedLegislation/Statutes/HTML/ByChapter/Chapter_130A.html (12388 words)

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