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Topic: Uniform Determination Of Death Act

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Uniform Act

	Death - Wikipedia, the free encyclopedia
		Death is the cessation of physical life in a living organism or the state of the organism after that event.
		Common symbols of death in Western cultures include the grim reaper and the color fl; conversely, in certain Eastern cultures, the color white is considered symbolic of death.
		In particular, identifying the moment of death is important in cases of transplantation, as organs must be harvested as quickly as possible after death.
	en.wikipedia.org /wiki/Death (2474 words)

	[No title]
		Determinations of death are also important in establishing the property relationships that arise through inheritance and devise.
		The standards for determining death are not much of a problem for the deceased, but they are important to the living, who may be favored or disfavored in the law because of the biological fact.
		It then prescribed that determination of death be made in accordance with "reasonable medical standards." The ULC assumed that the traditional criteria would stand automatically alongside the brain-death standard described in the uniform act, and so did not mention those criteria in the act itself.
	www.nccusl.org /nccusl/uniformact_summaries/uniformacts-s-udoda.asp (668 words)

	Encyclopedia: Death
		Death, personified is a personification of death as an anthropomorphic figure or a fictional character, who has existed in mythology and popular culture since the earliest days of storytelling.
		Rigor mortis is a recognizable sign of death that is caused by a chemical change in the muscles, causing the limbs of the corpse to become stiff (rigor) and impossible to move or manipulate.
		Livor mortis or postmortem lividity, one of the signs of death, is a settling of the blood in the lower (dependent) portion of the body, causing a purplish red discoloration of the skin: when the heart is no longer agitating the blood, heavy red blood cells sink through the serum...
	www.nationmaster.com /encyclopedia/Death (6982 words)

	Legal Definitions of Death
		The common law standard for determining death is the cessation of all vital functions, traditionally demonstrated by "an absence of spontaneous respiratory and cardiac functions." There is, then, a potential disparity between current and accepted biomedical practice and the common law.
		No person authorized by law to determine death, who makes such a determination in accordance with the Act, should, or will be, liable for damages in any civil action or subject to prosecution in any criminal proceeding for his acts or the acts of others based on that determination.
		Death is to be pronounced before artificial means of supporting respiratory and circulatory function are terminated and before any vital organ is removed for purpose of transplantation.
	www2.sunysuffolk.edu /pecorip/SCCCWEB/ETEXTS/DeathandDying_TEXT/Legal_Definition_Death.htm (1559 words)

	Policy on Brain Death
		Ohio adopted the Uniform Determination of Death Act in 1982.
		A physician who makes a determination of death in accordance with this section and accepted medical standards is not liable for damages in any civil action or subject to prosecution in any criminal proceeding for his acts or the acts of others based on that determination.
		Any person who acts in good faith in reliance on a determination of death made by a physician in accordance with this section and accepted medical standards is not liable for damages in any civil action or subject to prosecution in any criminal proceedings for his actions.
	www.clevelandclinic.org /bioethics/policies/braindeath.html (930 words)

	[No title]
		The concept of "entire brain" distinguishes determination of death under this Act from "neocortical death" or "persistent vegetative state." These are not deemed valid medical or legal bases for determining death.
		This Act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this Act among states enacting it.
		This Act may be cited as the Uniform Determination of Death Act.
	www.law.upenn.edu /bll/ulc/fnact99/1980s/udda80.htm (958 words)

	TheFetus.net - Anencephalics as organ donors -Mary Z. Pelias, PhD, JD
		On the other hand, authors who support the use of anencephalics as organ donors have suggested that the UDDA could be modified to include anencephalic infants as a third category of the legally dead, so that healthy vital organs may be removed from these infants before the decline or cessation of vital functions18.
		With the expanding power of medical technology to manipulate death, parents are increasingly faced with the terrible decisions of letting their dying children dieødecisions that only the parents will have to live with for the rest of their lives.
		Determination of Death Act §1, 12 U.L.A. 340 Suppl.
	www.thefetus.net /page.php?id=81 (1716 words)

	Uniform Determination of Death Act (UDDA)
		The UDDA was the result of the President’s Commission study on brain death in 1981, which followed the Harvard Ad Hoc Committee on Irreversible Coma, and acts as a model for individual state laws governing the determination of death.
		Like the Kansas Brain Death Statute, the UDDA provides that two "definitions" may be used in determining death, namely, the traditional circulatory-respiratory and the brain death criteria.
		Changing the UDDA would require either that we are willing to live with an even more limited amount of organs for transplants or abandoning the dead-donor rule.
	www.ascensionhealth.org /ethics/public/issues/udda.asp (270 words)

	MSSNY Position - Death (Site not responding. Last check: 2007-11-02)
		A determination of death must be made in accordance with accepted medical standards.
		(Uniformity of Construction and Application) This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.
		SECTION III (Short Title) This act may be cited as the Uniform Determination of Death Act.
	www.mssny.org /position/death.htm (231 words)

	The New England Journal of Medicine (Site not responding. Last check: 2007-11-02)
		term ("death") that is appropriate for organisms to describe the loss of function in an organ (the brain).
		Doctors should avoid terms such as "brain death" and allow families time to understand the basis of a diagnosis of death that is not self-evident when the respirator-supported body of their loved one manifests many outward signs of life.
		There are good and sufficient reasons why the existing consensus about the determination of death has endured for more than 30 years even in the face of persistent criticism.
	www.chninternational.com /nejm_brain_death.htm (1540 words)

	Determining Brain Death (Site not responding. Last check: 2007-11-02)
		As technological complexity and advancements in critical care continued to explode during the past several decades, the concept of death as defined by neurological criteria, that is, “brain death,” emerged and evolved as a necessary measure for determining death.
		Although the concept of death determination continues to evolve, clinical and scientific experts have generated clinical practice parameters for the diagnosis of brain death that are grounded in empirical knowledge, supported by sufficiently rigorous research, and substantiated by moderate to high degrees of clinical certainty.
		Death is not recorded as the time at which the patient is removed from ventilatory support in the critical care unit or the operating room or when cardiopulmonary function ceases.
	www.aacn.org /aacn/jrnlccn.nsf/0/5ebf8de743ead0fa8825674e005a8950?OpenDocument (4000 words)

	Biology, Consciousness, and the Definition of Death
		The concept of death applies not only to humans, but also to nonhuman animals and plants; it is a biological fact that all organisms live and die.
		Higher-brain theorists contend that human death cannot be adequately understood by assimilating it to organismic death in general.
		Perhaps a reconstruction of the term "death" is justified in its application to the special case of human beings.
	www.puaf.umd.edu /IPPP/winter98/biology_consciousness.htm (2974 words)

	United Network for Organ Sharing: Organ Donation and Transplantation
		Death resulting from the cessation of heart function; an individual who suffers a cardiac death can donate organs if the organs can be promptly cooled.
		The Act stipulated that the Network be a non-profit, private sector entity comprised of all U.S. transplant centers, organ procurement organizations and histocompatibility laboratories.
		ACT - Determine what changes are to be made, identify remaining and new questions and repeat the PDSA to continue exploring and implementing changes that result in progress toward stated objectives.
	www.unos.org /resources/glossary.asp (11848 words)

	Understanding Brain Death
		The UDDA has two categories for death, either 1) or 2), and the legislation would add, or 3) an individual born with anencephaly is dead.
		In the United States all laws regarding brain death are couched in cessation of function, functions, or functioning, while the law in Norway calls for destruction of the brain.
		The UDDA, first published on May 23, 1980, states, "An individual who has sustained either 1) irreversible cessation of circulatory and respiratory functions, or, 2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead.
	www.vitalsignsministries.org /vsmbraindeath.html (4859 words)

	End of Life Care (Site not responding. Last check: 2007-11-02)
		Classifying “brain death” as death also was expected to alleviate some of the problems associated with overpopulation in hospital intensive care units.
		A key assumption of "brain death" is that the brain is the body's central, irreplaceable integrating organ, and that irreversible cessation of functioning of the brain represents bodily death.
		Death signifies the separation of this unity, which unity is served by the intercooperation of at least three vital systems--the circulatory and respiratory systems, and the entire brain.
	www.all.org /issues/eol05.htm (1126 words)

	TITLE 35: CHAPTER 19 - DETERMINATION OF DEATH (Site not responding. Last check: 2007-11-02)
		An individual who has sustained either irreversible cessation of circulatory and respiratory functions, or irreversible cessation of all functions of the entire brain including the brain stem, is dead.
		The Uniform Determination of Death Act [§§ 35‑19‑101 through 35‑19‑103] shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of the act among states enacting it.
		This act, W.S. through 35‑19‑103, may be cited as the "Uniform Determination of Death Act."
	legisweb.state.wy.us /statutes/titles/title35/chapter19.htm (103 words)

	Medical Diagnosis Versus Legal Determination of Death
		This summary of the medical and legal descriptions of death notes that the physician makes a medical diagnosis of death, the physician then makes the legal pronouncement of death, and that statute or the courts make the legal determination of death.
		Medical diagnosis of death follows either the common law standard of total cessation of cardiac and respiratory function or the medically accepted standards of brain death, the latter being based on irreversible loss of brain function.
		Legal determination of death, since the advent of cadaver organ transplantation, has been made by case law, which is briefly summarized, or by statute in most jurisdictions.
	www.astm.org /JOURNALS/FORENSIC/PAGES/596.htm (205 words)

	Brain Death: Reconciling Definitions, Criteria, and Tests -- Halevy and Brody 119 (6): 519 -- Annals of Internal ...
		for death: a nonbrain criterion, a whole-brain criterion, and
		of the whole-brain criterion of death as "irreversible cessation
		Irreversibility is determined by identifying the cause of the
	www.annals.org /cgi/content/full/119/6/519 (4478 words)

	Core Curriculum: Brain Death
		As articulated by Bernat, Culver and Gert (1981), the definition of death was the "permanent cessation of functioning of the body as a whole." The criterion for determining this was "permanent cessation of functioning of the entire brain," (including brainstem) and the tests used to meet this criterion could either be cardiorespiratory or neurological.
		Perhaps a larger problem occurs when families demand continued support despite a determination of death, because of grief, denial, or the simple fact that their loved one looks no different than the day before death was determined.
		For the foreseeable future, brain death is likely to be with us, and is still currently a legitimate standard for the medical determination of death in all states.
	wings.buffalo.edu /faculty/research/bioethics/man-deth.html (802 words)

	Daedalus: Displacing suffering: the reconstruction of death in North America and Japan.@ HighBeam Research (Site not responding. Last check: 2007-11-02)
		The development of the artificial respirator is associated with a subsequent redefinition of death as 'brain death.' This was codified into law in the US by the Uniform Determination of Death Act.
		This new view of death allowed the harvesting of organs from those considered 'brain dead' to those still living.
		However, in Japan, the concept of 'brain death' has never been fully accepted, and far fewer transplants are performed.
	www.highbeam.com /library/doc0.asp?DOCID=1G1:17968546&refid=ip_encyclopedia_hf (225 words)

	Exhibit: Drs. Barron, Anidjar, and Lamki
		The diagnosis of brain death is a clinical determination.
		The accurate and timely determination of brain death in patients in coma, on mechanical life support, has proven critical with respect to organ donation and efficacious use of costly life support systems (2, 4).
		Distinguishing between the maintenance of cerebral blood flow and brain death on a cerebral perfusion scintigraphy study is usually a straightforward determination.
	www.uth.tmc.edu /radiology/exhibits/barron_1 (2271 words)

	Nursing: Understanding brain death criteria (Site not responding. Last check: 2007-11-02)
		The Uniform Determination of Death Act, first published in 1980, established legal authority for brain death.
		A determination of death must be made in accordance with accepted medical standards." It didn't establish a national standard, but it's been recognized for brain death in adults by 40 states and Washington, D.C., and modified by the remaining 10 states.
		The clinical examination for brain death establishes the absence of cerebral and brain stem functions.
	www.findarticles.com /p/articles/mi_qa3689/is_200212/ai_n9159497 (979 words)

	American Life League - Euthanasia (Site not responding. Last check: 2007-11-02)
		Brain waves were recorded only once and at the time the determination of brain death was made, a therapeutic -level of phenobarbital was still in his blood.
		The proposals regarding language of the law that could be adopted included that recommended by Capron-Kass (1972),[31] the American Bar Association (1976), [32] the Uniform Brain Death Act (UBDA, 1978),[33] and the UDDA (1980).[34] One of the substantial differences in these laws revolved around the language of the medical standards required for making the determination.
		Capron Kass called for the determination to be based on "ordinary standards of medical practice." The ABA proposal called for "...usual and customary medical standards," the UBDA, "...reasonable medical standards," and the UDDA., "...accepted medical standards." Recall the 16-year-old Charleston, South Carolina, girl determined to be brain dead without evaluation of the EEG.
	www.all.org /issues/ie12.htm (4804 words)

	Legislation
		Recognizes death as either a determination of irreversibly cessation of circulatory and respiratory functions or irreversible cessation of all functions of the entire brain, including the brain stem.
		Establishes laws which act as professional reminders of the need for organ donation by mandating that families are offered the opportunity to donate in cases concerning brain death.
		The act sets standards for organ procurement agencies, related to the suggested number of donors for the size of the population serviced.
	www.unyts.org /legislation.htm (353 words)

	Death definition - Medical Dictionary definitions of popular medical terms
		The common law standard for determining death is the cessation of all vital functions, traditionally demonstrated by "an absence of spontaneous respiratory and cardiac functions." 4.
		The National Conference of Commissioners on Uniform State Laws in 1980 formulated the Uniform Determination of Death Act.
		A determination of death must be made in accordance with accepted medical standards." This definition was approved by the American Medical Association in 1980 and by the American Bar Association in 1981.
	www.medterms.com /script/main/art.asp?articlekey=33438 (310 words)

	Nevada Revised Statutes: Chapter 451
		NRS 451.310 Confirmation of sale agreed upon before receipt of notice of determination that further maintenance of cemetery is not in accordance with health, safety, comfort or welfare of public.
		This section may be cited as the Uniform Determination of Death Act and must be applied and construed to carry out its general purpose which is to make uniform among the states which enact it the law regarding the determination of death.
		Neither the physician who attends the donor at death nor the physician who determines the time of death may participate in the procedures for removing or transplanting a part unless the document of gift designates a particular physician pursuant to subsection 5 of NRS 451.555.
	www.leg.state.nv.us /NRS/NRS-451.html (11030 words)

	Center for Bioethics - University of Minnesota (Site not responding. Last check: 2007-11-02)
		This case addresses the bioethical issue of medically futile treatment, declaring that the treatment of an anencephalic infant (an infant that is missing all or part of the brain and as a result will not survive) at parental request must be given by the hospital despite its futility.
		In determining that the law was unconstitutional, the Ninth Circuit Court of Appeals extended the right to refuse medical treatment even if resulting in death established in Cruzan, to include the right for competent terminally-ill adults to choose to hasten death by using drugs prescribed by a physician.
		The court determined that the evidence presented was not sufficiently clear and convincing to determine the wishes of the patient, but that the right of a patient in an irreversibly vegetative state to determine whether to refuse life support should be exercised by the patient's family or close friends.
	www.bioethics.umn.edu /resources/law.shtml (4885 words)

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