An Act To Adopt the Revised Uniform Anatomical Gift Act
Maine Legislature, Session 123, LD 1505
Committee: Judiciary
Sponsors: HOBBINS, MARRACHE
Amends: 29-A MRSA §1402-A

Legislative Document 
No. 1505 
S.P.528 
March 19, 2007 
An Act To Adopt the Revised Uniform Anatomical Gift Act 
Reference to the Committee on Judiciary suggested and ordered printed. 
JOY J. O'BRIEN 
Secretary of the Senate 
Presented by Senator HOBBINS of York. 
Cosponsored by Senator MARRACHE of Kennebec . 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA c. 710, as amended, is repealed. 
Sec. 2. 22 MRSA c. 710-B is enacted to read: 
Prefatory Note 
As of January, 2006 there were over 92,000 individuals on the waiting list for organ 
transplantation, and the list keeps growing. It is estimated that approximately 5,000 
individuals join the waiting list each year. See "Organ Donation: Opportunities for 
Action," Institute of Medicine of the National Academies (2006) www.nap.edu. Every 
hour another person in the United States dies because of the lack of an organ to provide a 
life saving organ transplant. 
The lack of organs results from the lack of organ donors. For example, according to 
the Scientific Registry of Transplant Recipients in 2005 when there were about 90,000 
people on the organ transplant waiting list, there were 13,091 individuals who died under 
the age of 70 using cardiac and brain death criteria and who were eligible to be organ 
donors. Of these, only 58% or 7,593 were actual donors who provided just over 23,000 
organs. Living donors, primarily of kidneys, contributed about 6,800 more organs. 
Between them about 28,000 organs were transplanted into patients on the waiting list in 
2005. (See www.optn.org). 
The 2005 data on cadaveric organ donors suggests there were 5,498 individuals who 
died that year that could have been donors who weren't and that had they been organ 
donors there would have been approximately 17,000 additional organs potentially 
available for transplantation. (See generally, www.unos.org and www.ustransplant.org). 
However, these numbers to some extent are only estimates. First, they exclude 
individuals dying over the age of 70. Second, the data are self reported for eligible 
donors. Indicative of the absence of precision in this area is the report from the Institute 
of Medicine. According to the 10M, it has been estimated that donor-eligible deaths 
range between 10,500 and 16,800 per year. 
See Organ Donation: Opportunities for 
Action," Institute of Medicine of the National Academies (2006) at page 27. 
www.nap.eduUsingthe2005figuresfordeceasedorgandonors.this would suggest that 
between approximately 3,000 and 9,000 decedents could have been donors but weren't. 
Further, if one assumes an average of three solid organs recovered from each of them, 
there could be between 9,000 and 27,000 more organs that might have been available to 
transplant into individuals on the waiting list. 
The data for eye and tissue is, however, more encouraging. On an annual basis there 
are approximately 50,000 eye donors and tissue donors and over 1,000,000 ocular and 
tissue transplants. 
This Revised Uniform Anatomical Gift Act ("UAGA") is promulgated by the 
National Conference of Commissioners on Uniform State Laws ("NCCUSL") to address 
in part the critical organ shortage by providing additional ways for making organ, eye, 
and tissue donations. The original UAGA was promulgated by NCCUSL in 1968 and 
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promptly enacted by all states. In 1987, the UAGA was revised and updated, but only 26 
states adopted that version. Since 1987, many states have adopted non-uniform 
amendments to their anatomical gift acts. The law among the various states is no longer 
uniform and harmonious, and the diversity of law is an impediment to transplantation. 
Furthermore the federal government has been increasingly active in the organ transplant 
process. 
Since 1987, there also have been substantial improvements in the technology and 
practice of organ, eye, and tissue transplantation and therapy. And, the need for organs, 
eyes, and tissue for research and education has increased to assure more successful 
transplantations and therapies. The improvements in technology and the growing needs of 
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the research community have correspondingly increased the need for more donors. 
This 2006 Revised UAGA is promulgated with the substantial and active 
participation of the major stakeholders representing donors, recipients, doctors, 
procurement organizations, regulators, and others affected. The Drafting Committee held 
four meetings with the stakeholders beginning on Friday morning and ending Sunday 
noon, reading and discussing each section of the drafts word by word (Chicago, 
December 3-5, 2004; Philadelphia, March 18-20, 2005; Chicago, November 2-4, 2005; 
and Detroit, April 21-23, 2006). The following stakeholders were actively engaged in the 
dialogue working for a consensus that could and should be adopted on a uniform basis to 
facilitate the anatomical gifts of human bodies and parts: American Bar Association, 
American Medical Association, American Lung Association, Association of Organ 
Procurement Organizations, American Association of Tissue Banks, Eye Bank 
Association of America, Health Law Institute and Center for Race and Bioethics, Life 
Alaska Donor Services, Musculoskeletal Transplant Foundation, National Association of 
Medical 
Examiners, 
National 
Disease 
Research 
Interchange, 
National Kidney 
Foundation, North American Transplant Coordinators Organization, RTI Donor Services, 
United Network for Organ Sharing (UNOS) and United States Department of Health & 
Human Services. In addition, there were many who contributed their views and 
comments by correspondence, including the Funeral Consumers Alliance, Inc. and 
Funeral Ethics Organization. 
This [act] adheres to the significant policy determinations reflected in eXlstmg 
anatomical gift acts. First, the [act] is designed to encourage the making of anatomical 
gifts. Second, the [act] is designed to honor and respect the autonomy interest of 
individuals to make or not to make an anatomical gift of their body or parts. Third, the 
[act] preserves the current anatomical gift system founded upon altruism by requiring a 
positive affirmation of an intent to make a gift and prohibiting the sale and purchase of 
organs. This [act] includes a number of provisions, discussed below, that enhance these 
policies. 
History of 1968 and 1987 Acts 
The first reported medical transplant occurred in the third century. However, medical 
miracles flowing from transplants are truly a modem story beginning in the first decade 
of the twentieth century with the first successful transplant of a cornea. But, not until 
three events occurred in the twentieth century, in addition to the development of surgical 
techniques to effectuate a transplant, could transplants become a viable option to save and 
meaningfully extend lives. 
The first event was the development in the late 1960s of the first set of neurological 
criteria for determining death. These criteria allowed persons to be declared dead upon 
the cessation of all brain activity. Ultimately these criteria, together with the historic 
measure of determining death by cessation of circulation and respiration, were 
incorporated into Section 1 of the Uniform Determination of Death Act providing that: 
"An individual who has sustained either (I) irreversible cessation of circulatory and 
respiratory function, or (2) irreversible cessation of all functions of the entire brain. 
including the brain stem, is dead." 
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The second event, following shortly after Dr. Christian Barnard's successful 
transplant of a heart in November, 1967, was this Conference's adoption of the tirst 
Uniform Anatomical Gift Act. In short order, every jurisdiction uniformly adopted the 
1968 Act. The most significant contribution of the 1968 Act was to create a right to 
donate organs, eyes, and tissue. This right was not clearly recognized at common law. By 
creating this right, individuals became empowered to donate their parts or their loved 
one's parts to save or improve the lives of others. 
The last event was the development of immunosuppressive drugs that prevented 
organ recipients from rejecting transplanted organs. This permitted many more successful 
organ transplants, thus contributing to the rapid growth in the demand for organs and the 
need for changes in the law to facilitate the making of anatomical gifts. 
In 1987, a revised Uniform Anatomical Gift Act was promulgated to address changes 
in circumstances and in practice. Only 26 jurisdictions enacted the 1987 revision. 
Consequently, there is significant non-uniformity between states with the 1968 Act and 
those with the 1987 revisions. Neither of those acts comports with changes in federal law 
adopted subsequent to the 1987 Act relating to the role of hospitals and procurement 
organization in securing organs, eyes, and tissues for transplantation. And, both of them 
have impediments that are inconsistent with a policy to encourage donation. 
The two previous anatomical gift acts, as well as this [act], adhere to an "opt in" 
principle as its default rule. Thus, an individual becomes a donor only if the donor or 
someone acting on the donor's behalf affirmatively makes an anatomical gift. The system 
universally adopted in this country is contrary to the system adopted in some countries, 
primarily in Europe, where an individual is deemed to be a donor unless the individual or 
another person acting on the individual's behalf "opts out." This other system is known as 
"presumed consent." While there are proponents of presumed consent who believe the 
concept of presumed consent could receive in the future a favorable reception in this 
country, the professional consensus appears to be not to replace the present opt-in 
principle at this time. See "Organ Donation: Opportunities in Action," Institute of 
Medicine of the National Academies (2006) at page 12. 
Scope of the 2006 Revised Act 
This [ act] is limited in scope to donations from deceased donors as a result of gifts 
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made before or after their deaths. Although recently there has been a significant increase 
in so-called "living donations," where a living donor immediately donates an organ 
(typically a kidney or a section of a liver) to a recipient, donations by living donors:re 
not covered in this [act] because they raise distinct and difficult legal issues that are more 
appropriate for a separate act. 
A majority of donors or prospective donors are candidates for donation of eyes or 
tissue, but only a small percentage of individuals die under circumstances that permit an 
anatomical gift of an organ. To procure an anatomical gift for transplantation, therapy, 
research, or education, a donor or prospective donor must be declared dead (see Uniform 
Determination of Death Act). In cases of potential organ donation, measures necessary to 
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ensure the medical suitability of an organ for transplantation or therapy are administered 
to a patient who is dead or near death to determine if the patient could be a prospective 
donor. 
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Pursuant to federal law, when a donor or a patient who could be a prospective donor 
is dead or near death, a procurement organization, or a designee, must be notified. The 
organization begins to develop a medical and social history to determine whether the 
dying or deceased individual's body might be medically suitable for donation. If the body 
of a dying or deceased person might be medically suitable for donation, the procurement 
organization checks for evidence of a donation, if not otherwise known, and seeks 
consent to donation from authorized persons, if necessary. In the case of an organ, the 
organ procurement organization obtains from the Organ Procurement and Transplantation 
Network ("OPTN") a prioritized list of potential recipients from the national organ 
waiting list and takes the necessary steps to see that the organ finds its way to the 
appropriate recipient. If eye or tissue is donated, the appropriate procurement 
organization procures the eye or tissue and takes the necessary steps to screen, test, 
process, store, or distribute them as required for transplantation, therapy, research, or 
education. All must be done expeditiously. 
Recent technological innovations have increased the types of organs that can be 
transplanted, the demand for organs, and the range of individuals who can donate or 
receive an organ, thereby increasing the number of organs available each year and the 
number of transplantations that occur each year. Nonetheless, the number of deaths for 
lack of available organs also has increased. While the Commissioners are under no 
illusion that any anatomical gift act can fully satisfy the need for organs, any change that 
could increase the supply of organs and thus save lies is an improvement. 
Transplantation occurs across state boundaries and requires speed and efficiency if 
the organ is to be successfully transplanted into a recipient. There simply is no time for 
researching and conforming to variations of the laws among the states. Thus, uniformity 
of state law is highly desirable. Furthermore, the decision to be a donor is a highly 
personal decision of great generosity and deserves the highest respect from the law. 
Because current state anatomical gift laws are out of harmony with both federal 
procurement and allocation policies and do not fully respect the autonomy interests of 
donors, there is a need to harmonize state law with federal policy as well as to improve 
the manner in which anatomical gifts can be made and respected. 
Summary of the Changes in the Revised Act 
This revision retains the basic policy of the 1968 and 1987 anatomical gift acts by 
retaining and strengthening the "opt-in" system that honors the free choice of an 
individual to donate the individual's organ (a process known in the organ transplant 
community as "first person consent" or "donor designation"). This revision also preserves 
the right of other persons to make an anatomical gift of a decedent's organs if the 
decedent had not made a gift during life. And, it strengthens the right of an individual not 
to donate the individual's organs by signing a refusal that also bars others from making a 
gift of the individual's organs after the individual's death. This revision: 
1. Honors the choice of an individual to be or not to be a donor and strengthens the 
language barring others from overriding a donor's decision to make an anatomical gift 
(Section 8); 
2. Facilitates donations by expanding the list of those who may make an anatomical 
gift for another individual during that individual's lifetime to include health-care agents 
and, under certain circumstances, parents or guardians (Section 4); 
3. Empowers a minor eligible under other law to apply for a driver's license to be a 
donor (Section 4); 
4. Facilitates donations from a deceased individual who made no lifetime choice by 
adding to the list of persons who can make a gift of the deceased individual's body or 
parts the following persons: the person who was acting as the decedent's agent under a 
power of attorney for health care at the time of the decedent's death, the decedent's adult 
grandchildren, and an adult who exhibited special care and concern for the decedent 
(Section 9) and defines the meaning of "reasonably available" which is relevant to who 
can make an anatomical gift of a decedent's body or parts (Section 2(23)); 
5. Permits an anatomical gift by any member of a class where there is more than one 
person in the class so long as no objections by other class members are known and, if an 
objection is known, permits a majority of the members of the class who are reasonably 
available to make the gift without having to take account of a known objection by any 
class member who is not reasonably available (Section 9); 
6. Creates numerous default rules for the interpretation of a document of gift that 
lacks specificity regarding either the persons to receive the gift or the purposes of the gift 
or both (Section 11); 
7. Encourages and establishes standards for donor registries (Section 20); 
8. Enables procurement organizations to gain access to documents of gifts in donor 
registries, medical records, and the records of a state motor vehicle department (Sections 
and 20); 
9. Resolves the tension between a health-care directive requesting the withholding or 
withdrawal of life support systems and anatomical gifts by permitting measures necessary 
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to ensure the medical suitability of organs for intended transplantation or therapy to be 
administered (Sections 14 and 21); 
10. Clarifies and expands the rules relating to cooperation and coordination between 
procurement organizations and coroners or medical examiners (Sections 22 and 23); 
II. Recognizes anatomical gifts made under the laws of other jurisdictions (Section 
19); and 
12. Updates the [act] to allow for electronic records and signatures (Section 25). 
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In addition, Section 2 provides a number of new definitions that are used in the 
substantive provisions of the [act] to clarify and expand the opportunities for anatomical 
gifts. These include: adult, agent, custodian, disinterested witness, donee, donor registry, 
driver's license, eye bank, guardian, know, license, minor, organ procurement 
organization, parent, prospective donor, reasonably available, recipient, record, sign, 
tissue, tissue bank, and transplant hospital. 
Section 4 authorizes individuals to make anatomical gifts of their bodies or parts. It 
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also permits certain persons, other than donors, to make an anatomical gift on behalf of a 
donor during the donor's lifetime. The expanded list includes agents acting under a 
health-care power of attorney or other record, parents of unemancipated minors, and 
guardians. The section also recognizes that it is appropriate that minors who can apply for 
a driver's license be empowered to make anatomical gifts, but, under Section 8(g), either 
parent can revoke the gift if the minor dies under the age of 18. 
Section 5 recognizes that, since the adoption of the previous versions of this [act], 
some states and many private organizations have created donor registries for the purpose 
of making anatomical gifts. Thus, in addition to evidencing a gift on a donor card or 
driver's license, this [act] allows for the making of anatomical gifts on donor registries. It 
also permits gifts to be made on state-issued identification cards and, under limited 
circumstances, to be made orally. Except for oral gifts, there is no witnessing requirement 
to make an anatomical gift. 
Section 6 permits anatomical gifts to be amended or revoked by the execution of a 
later-executed record or by inconsistent documents of gifts. It also permits revocation by 
destruction of a document of gift and, under limited circumstances, permits oral 
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revocations. 
Section 7 permits an individual to sign a refusal that bars all other persons from 
making an anatomical gift of the individual's body or parts. A refusal generally can be 
made by a signed record, a will, or, under limited circumstances, orally. By permitting 
refusals, this [act] recognizes the autonomy interest of an individual either to be or not to 
be a donor. The section also recognizes that a refusal can be revoked. 
Section 8 substantially strengthens the respect due a decision to make an anatomical 
gift. Whi Ie the 1987 Act provided that a donor's anatomical gift was irrevocable (except 
by the donor), until quite recently it had been a common practice for procurement 
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organizations to seek affirmation of the gift from the donor's family. This could result in 
unnecessary delays in the recovery of organs as well as a reversal of a donor's donation 
decision. Section 8 intentionally disempowers families from making or revoking 
anatomical gifts in contravention of a donor's wishes. Thus, under the strengthened 
language of this [act], if a donor had made an anatomical gift, there is no reason to seek 
consent from the donor's family as they have no right to give it legally. See Section 8(a). 
Of course, that would not bar, nor should it bar, a procurement organization from 
advising the donor's family of the donor's express wishes, but that conversation should 
focus more on what procedures will be followed to carry out the donor's wishes and on 
answering a family's questions about the process rather than on seeking approval of the 
donation. A limited exception applies if the donor is a minor at the time of death. In this 
case, either parent may amend or revoke the donor's anatomical gift. See Section 8(g). 
Section 8 also recognizes that some decisions of a donor are inherently ambiguous. 
making it appropriate to adopt rules that favor the making of anatomical gifts. For 
example, a donor's revocation of a gift of a part is not to be construed as a refusal for 
others to make gifts of other parts. Likewise, a donor's gift of one part is not to be 
construed as a refusal that would bar others from making gifts of other parts absent an 
express, contrary intent. 
Section 9 sets forth a prioritized list of classes of persons who can make an 
anatomical gift of a decedent's body or part if the decedent was neither a donor nor had 
signed a refusal. The list is more expansive than under previous versions of this [act]. It 
includes persons acting as agents at the decedent's death, adult grandchildren. and close 
friends. 
Section 10 deals with the manner of making, amending, or revoking an anatom ical 
gift following the decedent's death. 
Section II deals with the passing of parts to named persons and more generally to 
eye banks, tissue banks, and organ procurement organizations. In part, the section is 
designed to harmonize this [act] with federal law, particularly with respect to organs 
donated for transplantation or therapy. The National Organ Transplant Act created the 
Organ Procurement and Transplantation Network ("OPTN") to facilitate the nationwide. 
equitable distribution of organs. Currently, United Network Organ Sharing ("UNOS") 
operates the OPTN under contract with the U.S. Department of Health and Human 
Services. When an organ donor dies, the donor's organs, barring the rare instance of a 
donation to a named individual, are recovered by the organ procurement organization for 
the service area in which the donor dies, as custodian of the organs, to be allocated by it 
either locally, regionally, or nationally in accordance with allocation policies established 
by the OPTN. 
Section 11 includes two important improvements to previous versions of this [act]. 
First, it creates a priority for transplantation or therapy over research or education when 
an anatomical gift is made for all four purposes in a document of gift that fails to 
establish a priority. 
Second, it specifies the person to whom a part passes when the document of gift 
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merely expresses a "general intent" to be an "organ donor." This type of general 
designation is common on a driver's license. Under Section 11(f) a general statement of 
intent to be a donor results only in an anatomical gift of the donor's eyes, tissues, and 
organs (not the whole body) for transplantation or therapy. Since a general statement of 
intent to be an organ donor does not result in the making of an anatomical gift of the 
whole body, or any part, for research or education, more specific language is required to 
make such a gift. 
Section 11 (b) provides that, if an anatomical gift of the decedent's body or parts does 
not pass to a named person designated in a document of gift, it passes to a procurement 
organization typically for transplantation or therapy and possibly for research or 
education. Custody of a body or part that is the subject of an anatomical gift that cannot 
be used for any intended purpose passes to the "person under obligation to dispose of the 
body or parts." See Section 11 (i). 
Section I 1 U) prohibits a person from accepting an anatomical gift if the person 
knows that the gift was not validly made. For this purpose, if a person knows that an 
anatomical gift was made on a document of gift, the person is deemed to know of a 
refusal to make a gift if the refusal is on the same document of gift. 
Lastly, Section 11(k) clarifies that nothing in this [act] affects the allocation of organs 
for transplantation or therapy except to the extent there has been a gift to a named 
recipient. See Section 11(a)(2). The allocation of organs is administered exclusively 
under policies of the Organ Procurement and Transplantation Network. 
In part, Section 14 has been redrafted to accord with controlling federal law when 
applicable. The federal rules require hospitals to notifY an organ procurement 
organization or third party designated by the organ procurement organization of an 
individual whose death is imminent or who has died in the hospital to increase donation 
opportunity, and thus, transplantation. See 42 CFR § 482.45 (Medicare and Medicaid 
Programs: Conditions of Participation: Identification of Potential Organ, Tissue, and Eye 
Donors and Transplant Hospitals' Provision of Transplant-Related Data). The right of the 
procurement organization to inspect a patient's medical records in Section 14(e) does not 
violate HIPAA. See 45 CFR § 164.512(h) ("A covered entity may use or disclose 
protected health information to organ procurement organizations or other entities engaged 
in the procurement, banking, or transplantation of cadaveric organs, eyes, or tissue for the 
purpose of facilitating organ, eye, or tissue donation and transplantation"). Section 14(c) 
permits measures necessary to ensure the medical suitability of parts to be administered 
to a patient who is being evaluated to determine whether the patient has organs that are 
medically suitable for transplantation. 
Section 17 and Section 18 deal with liability and immunity, respectively. (Section 16, 
dealing with the sale of parts, also provides for potential liabilities but is essentially the 
same as prior law). Section 17 includes a new provision establishing criminal sanctions 
for falsifYing the making, amending, or revoking of an anatomical gift. Section 18, in 
substance, is the same as the 1987 Act providing immunity for "good faith" efforts to 
comply with this [act]. However, while the [act] contains no provisions relating to bad 
faith it is important to note that other laws of the state and federal governments may 
provide for further remedies and sanctions for bad faith, including those under regulatory 
rules, licensing requirements, Unfair and Deceptive Practices acts, and the common law. 
Section 18(c) provides that in determining whether an individual has a right to make 
an anatomical gift under Section 9, a person, such as an organ procurement organization, 
may rely on the individual's representation regarding the individual's relationship to the 
donor or prospective donor. 
Section 19 sets forth rules relating to the validity of documents of gift executed 
outside of the state while providing that any document of gift shall be interpreted in 
accordance with the laws of the state. 
Section 20 authorizes an appropriate state agency to establish or contract for the 
establishment of a donor registry. It also provides that a registry can be established 
without a state contract. While this [act] does not specify in great detail what could or 
should be on a donor registry, it does mandate minimum requirements for all registries. 
First, the registry must provide a database that allows a donor or other person authorized 
to make an anatomical gift to include in the registry a statement or symbol that the donor 
has made a gift. Second, at or near the death of a donor or prospective donor, the registry 
must be accessible to all procurement organizations to obtain information relevant to 
determine whether the donor or prospective donor has made, amended, or revoked an 
anatomical gift. Lastly, the registry must be accessible on a twenty four hour, seven day a 
week basis. 
Section 21 creates a default rule to adjust the tension that might exist between 
preserving organs to assure their medical suitability for transplantation or therapy and the 
expression of intent by a prospective donor in either a declaration or advance health-care 
directive not to have life prolonged by use of life support systems. The default rule under 
this [act] is that measures necessary to ensure the medical suitability of an organ for 
transplantation or therapy may not be withheld or withdrawn from the prospective donor. 
A prospective donor could expressly provide otherwise in the declaration or advance 
health-care directive. 
Sections 22 and 23 represent a complete revision of the relationship of the [ coroner] 
[medical examiner] to the anatomical gift process. Previous versions of this [act] 
permitted the [coroner] [medical examiner], under limited circumstances, to make 
anatomical gifts of the eyes of a decedent in the [coroner's] [medical examiner's] 
possession. In light of a series of Section 1983 lawsuits in which the [coroner's] [medical 
examiner's] actions were held to violate the property rights of surviving family members, 
see, e.g., Brotherton v. Cleveland, 923 F.2d 477 (6th Cir. 1991), the authority of the 
[coroner] [medical examiner] to make anatomical gifts was deleted from this [act]. Parts, 
with the rare exception discussed in the comments to Section 9, can be recovered for the 
purpose of transplantation, therapy, research, or education from a decedent whose body is 
under the jurisdiction of the [coroner] [ medical examiner] only if there was an anatomical 
gift of those parts under Section 5 or Section 10 of this [ act]. 
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This [act] includes a series of new provisions in Sections 22 and 23 relating to the 
relationship between the [coroner] [medical examiner] and procurement organizations. 
These provisions should encourage meaningful cooperation between these groups in 
hopes of increasing the number of anatomical gifts. Importantly, the section does not 
permit a [coroner] [medical examiner] to make an anatomical gift. 
CHAPTER 710-B 
REVISED UNIFORM ANATOMICAL GIFT ACT 
§2941. Short title 
This chapter may be known and cited as "the Revised Uniform Anatomical Gift Act." 
§2942. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Agent. "Agent" means an individual: 
A. Authorized to make health care decisions on the principal's behalf by a power of 
attorney for health care; or 
B. Expressly authorized to make an anatomical gift on the principal's behalf by any 
other record signed by the principal. 
2. Anatomical gift. "Anatomical gift" means a donation of all or part of a human 
body to take effect after the donor's death for the purposes of transplantation, therapy, 
research or education. 
3. Decedent. "Decedent" means a deceased individual whose body or part is or may 
be the source of an anatomical gift. "Decedent" includes a stillborn infant and, subject to 
restrictions imposed by law other than this chapter, a fetus. 
4. Disinterested witness. "Disinterested witness" means a witness other than the 
spouse, child, parent, sibling, grandchild, grandparent or guardian of the individual who 
makes, amends, revokes or refuses to make an anatomical gift, or another adult who 
exhibited special care and concern for the individual. "Disinterested witness" does not 
include a person to which an anatomical gift could pass under section 2951. 
5. Document of gift. "Document of gift" means a donor card or other record used to 
make an anatomical gift. "Document of gift" includes a statement or symbol on a driver's 
license, identification card or donor registry. 
6. Donor. "Donor" means an individual whose body or part is the subject of an 
anatomical gift. 
7. 
Donor registry. "Donor registry" means a database that contains records of 
anatomical gifts and amendments to or revocations of anatomical gifts. 
Page \0 - 123LR022S(Ol)-1 
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8. Driver's license. "Driver's license" means a license or permit issued by the 
Secretary of State to operate a vehicle whether or not conditions are attached to the 
license or permit. 
9. Eye bank. "Eye bank" means a person that is licensed, accredited or regulated 
under federal or state law to engage in the recovery, screening, testing, processing, 
storage or distribution of human eyes or portions of human eyes. 
10. Guardian. "Guardian" means a person appointed by a court to make decisions 
regarding the support, care, education, health and welfare of an individual. "Guardian" 
does not include a guardian ad litem. 
11. Hospital. "Hospital" means a facility licensed as a hospital under the law of any 
state or a facility operated as a hospital by the United States, a state or a subdivision of a 
state. 
12. Identification card. "Identification card" means an identification card issued by 
the Secretary of State. 
13. Know. "Know" means to have actual knowledge. 
14. Organ procurement organization. "Organ procurement organ ization" means a 
person designated by the United States Secretary of Health and Human Services as an 
organ procurement organization. 
15. Parent. "Parent" means a parent whose parental rights have not been terminated. 
16. Part. "Part" means an organ, an eye or tissue of a human being. "Part" does not 
include the whole body. 
17. Person. "Person" means an individual, corporation, business trust, estate, trust, 
partnership, limited liability company, association, joint venture, public corporation, 
government or governmental subdivision, agency or instrumentality or any other legal or 
commercial entity. 
18. Physician. "Physician" means an individual authorized to practice medicine or 
osteopathy under the law of any state. 
19. Procurement organization. "Procurement organization" means an eye bank, 
organ procurement organization or tissue bank. 
20. Prospective donor. "Prospective donor" means an individual who is dead or 
near death and has been determined by a procurement organization to have a part that 
could be medically suitable for transplantation, therapy, research or education. 
"Prospective donor" does not include an individual who has made a refusal. 
21. Reasonably available. "Reasonably available" means able to be contacted by a 
procurement organization without undue effort and willing and able to act in a timely 
manner consistent with existing medical criteria necessary for the making of an 
anatomical gift. 
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22. Recipient. "Recipient" means an individual into whose body a decedent's part 
has been or is intended to be transplanted. 
23. Record. "Record" means information that is inscribed on a tangible medium or 
that is stored in an electronic or other medium and is retrievable in perceivable form. 
24. Refusal. "Refusal" means a record created under section 2947 that expressly 
states an intent to bar other persons from making an anatomical gift of an individual's 
body or part. 
25. Sign. "Sign" means, with the present intent to authenticate or adopt a record: 
A. To execute or adopt a tangible symbol; or 
B. To attach or logically associate with the record an electronic symbol, sound or 
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process. 
26. State. "State" means a state of the United States, the District of Columbia, 
Puerto Rico, the United States Virgin Islands or any territory or insular possession subject 
to the jurisdiction of the United States. 
27. Technician. "Technician" means an individual determined to be qualified to 
remove or process parts by an appropriate organization that is licensed, accredited or 
regulated under federal or state law. "Technician" includes an enucleator. 
28. Tissue. "Tissue" means a portion of the human body other than an organ or an 
eye. "Tissue" does not include blood unless the blood is donated for purposes of research 
or education. 
29. Tissue bank. "Tissue bank" means a person that is licensed, accredited or 
regulated under federal or state law to engage in the recovery, screening, testing, 
processing, storage or distribution of tissue. 
30. Transplant hospital. "Transplant hospital" means a hospital that furnishes 
organ transplants and other medical and surgical specialty services required for the care 
of transplant patients. 
Uniform Comment 
(This is Section 2 of the Revised Uniform Anatomical Gift Act (2006).) 
"Agent" (paragraph (2» is an individual who, under certain circumstances, can make 
an anatomical gift on the principal's behalf. An agent is empowered to make a gift if the 
I 
agent is authorized by a power of attorney for health care to make health-care decisions 
on the principal's behalf. Thus, this [act], independent of any other law, empowers an 
agent acting under a power of attorney for health care to make an anatomical gift on the 
principal's behalf. It is unnecessary that states adopting this [act] amend their power of 
attorney for health care statutes to specifically empower agents to make anatomical gifts 
on behalf of principals. On the other hand, a state may choose to amend its health-care 
power of attorney statute in order that all of the agent's powers, including the power to 
make an anatomical gift, are located and visible in one place setting forth the powers of a 
health-care agent. Even though this [act] enables an agent acting under a power of 
attorney for health care to make an anatomical gift, if the principal prohibits the agent 
from making an anatomical gift of the principal's parts, the agent would have no authority 
to do so. See Section 4(2). 
An agent also may be designated by a record, other than a power of attorney for 
health care, which authorizes the agent to make an anatomical gift. This would permit a 
principal to empower one individual to make health-care decisions and another individual 
to make anatomical gift decisions. In light of the definition of record, this authority could 
be expressed in a financial power of attorney. 
"Anatomical gift" (paragraph (3» means a gift that takes effect after the donor's 
death. Thus, an "anatomical gift" does not include a gift of an organ from a living donor 
to a living recipient. 
"Decedent" (paragraph (4» is defined as it was under prior versions of th is [act] to 
include both stiIlborns and fetuses. A fetus, by definition, is not an embryo and nothing 
in this [act] allows for an anatomical gift of an embryo. Under other law fetuses can be 
used for research. See, 42 U.S. C. § 289g-1 & 289g-2; 42 CFR § 46.20 I. 
By including stillborns and fetuses in the definition of "decedent," this [act] assures 
that stillborns and fetuses continue to receive the statutory protections conferred by this 
[act]; namely that their bodies or parts cannot be used for transplantation, therapy, 
research, or education without the same appropriate consents afforded other prospective 
donors. The definition of decedent does not broaden the scope of available transplant or 
research subjects or techniques. Although the needs of research and transplantation may 
have changed and expanded since the original 1968 Act was drafted, the scope of this 
[act] with regard to the definition of those who may be a source of an anatomical gift has 
neither changed nor expanded. By its terms, this [act] is silent on the issue of the use or 
donation of blastocytes and embryos, neither authorizing nor prohibiting their donation or 
use. 
Similarly, this [act] is silent on the nature of the research to be performed and 
provides no authorization or prohibition for somatic cell nuclear transfer or other specific 
research techniques. The complicated legal, scientific, moral, and ethical issues which 
may arise in the consideration of such research is, or should be, dealt with in separate 
statutes and policies. Thus, nothing in this [act] affects embryonic stem cell research. 
However, for jurisdictions that might prefer a more restrictive definition in the second 
sentence of the definition of "decedent," the following language is suggested: "The term 
does not include a blastocyst, embryo, or fetus that is the subject of an induced abortion." 
"Disinterested witness" (paragraph (5» means a witness other than those listed in the 
paragraph. Under Sections 5 and 6 anatomical gifts may be made or revoked. Under 
Section 7 a person may also make or revoke a refusal. In most circumstances these acts 
must be evidenced by a record. However, in limited circumstances they can be evidenced 
by oral statements to at least two adult witnesses. In those circumstances at least one of 
the witnesses must be a disinterested witness. 
"Document of gift" (paragraph (6» includes a donor card or any other record. It also 
includes a donor registry (paragraph (8», a driver's license (paragraph (9», and an 
I 
• 
II 
"l" 
~J 
"'") 
J_ 
identification card (paragraph (13». While a donor card is a record, the reference to 
donor cards had been specifically retained because of the wide acceptance of that concept 
in our culture. Prior versions of this [act] also expressly referred to a will in the definition 
of a document of gift. The omission in this [act] of a will in the definition of a document 
of gift does not mean a will is not a document of gift. Rather, the "will" is subsumed in 
the word "record." 
Where there is a need in this [ act] to specially treat wills as 
documents of gift, the will is singled out from other documents of gift. 
A statement or symbol on a driver's license or donor registry is a document of gift; it 
is not merely an expression of intent to make a gift. Therefore, where there is such a 
statement or symbol, no other document of gift is necessary to evidence the making of an 
anatomical gift. Potential donors utilizing records other than a driver's license or a donor 
registry to make an anatomical gift should be strongly encouraged to make their gifts on a 
driver's license or donor registry, as gifts on a license or registry are more likely to be 
discovered when the donor is dead or near death. 
Under Section 5(b) a donor can make an anatomical gift by authorizing the persons 
who maintains a donor registry to include on the registry a statement or symbol that the 
donor has made an anatomical gift. By adding a "donor registry" as a device for making 
an anatomical gift, this [act] recognizes the increasing use of donor registries to make 
anatomical gifts. The use of donor registries was not contemplated when the previous 
versions of this act were adopted. 
Today, however, they have assumed increased 
importance and in time may come to dominate how anatomical gifts are made. While the 
format of donor registries differ, generally they allow for the making of an anatomical 
gift of one or more parts and permit that gift to be made over the internet. No known 
donor registry provides for a refusal to make an anatomical gift, and this [act] does not 
require that they do so. The person who maintains a donor registry may, if it chooses, 
follow up an electronic registration by sending the donor a card to sign. However, that is 
not legally required by this [act] to make an effective anatomical gift. 
"Donor" (paragraph (7» means the individual whose body or part is the subject of an 
anatomical gift. Thus, an individual who signs a donor card or authorizes a symbol to be 
placed on a driver's license or donor registry evidencing an anatomical gift is a donor 
even though the part donated will not be removed from the donor until the donor dies. 
Likewise, if the family of a decedent who did not make an anatomical gift during life 
donates a part of the decedent, that decedent is a donor. Thus, "donor" refers to a living 
individual who made an anatomical gift or on whose behalf an anatomical gift was made 
to take effect in the future. The term also includes a decedent whose body or part is the 
subject of an anatomical gift. 
Anatomical gifts by a donor, as well as amendments, 
revocations, and refusals, may preclude the ability of others to make or revoke anatomical 
gifts on behalf of the donor. See Sections 7 and 8. 
"Donor registry" (paragraph (8» means a database containing records of anatomical 
gifts. The concept of the registry is new to this version of the anatomical gift act. Many 
states now have donor registries. Most of them are operated by private organizations, 
such as a procurement organization (paragraph (21» while some are operated by the state. 
Section 20 of this [act] authorizes states to either establish or contract for the 
establishment of a donor registry. 
Donor registries, like driver's licenses, are very 
effective devices to record the making of an anatomical gift. 
The making of an 
anatomical gift by these devices assures that the evidence of a gift is always available, 
unlike the traditional donor card which can often be lost. Furthermore, they are easily 
accessible by procurement organizations. 
II 
"Driver's license" (paragraph (9)) includes both driver's licenses for which adults 
qualify, as well as licenses or permits issued to minors whether denoted "temporary 
permit," "permit," or "learner's permit," or something else. State laws vary widely on 
how young an individual under the age of 18 can be to obtain a driver's license. For 
example, it is not uncommon for a learner's permit to be issued to a 16-year-old 
individual. And, in some states licenses or permits can be issued to 14-year-olds for the 
purpose of driving only certain types of motorized vehicles, such as farm equipment. The 
definition of "driver's license" is broad enough to include all of these. Furthermore, under 
the definition, a condition, such as that the holder must be accompanied by an adult or the 
holder can drive only certain types of vehicles, does not prevent the license or permit 
from being considered a "driver's license" under this [act]. 
Under Section 4 if a minor is of an age that the minor would be entitled to obtain a 
driver's license, the minor can make an anatomical gift even though the minor does not 
actually apply for a license. Thus, a minor who could apply for a permit could make an 
anatomical gift by another means, such as a donor card or donor registry. Furthermore, if 
a minor acquires a license on which the minor has made an anatomical gift, the minor 
would not have to re-apply for a driver's license when attaining age 18 for the gift to be 
effective. 
This [act], however, does not require that licenses provide space for a notation that 
the holder is a donor. That mandate, if it exists, is left to other law. 
"Guardian" (paragraph (11)) means any person judicially appointed to make decisions 
for the support, care, education, health, or welfare of the ward. The intent is to exclude 
guardians ad litem or temporary guardians who would not have an expected long-term 
relationship to the ward. 
"Identification card" (paragraph (13)) means an identification card issued by the 
[state department of motor vehicles]. 
Some individuals desire an identification card 
rather than a driver's license. 
These individuals could make an anatomical gift by 
authorizing a statement or symbol to be put on the card. While this [act] does not require 
that space be provided on the card for that purpose, it is anticipated that states will design 
these cards in ways to permit the making of an anatomical gift. 
"Know" (paragraph (14)) means actual knowledge. Thus, it does not mean imputed 
knowledge. When imputed knowledge is relevant under any section of this [act], the 
section expressly so provides. See, e.g., section 11 U). 
"Parent" (paragraph (17)) means a parent whose parental rights have not been 
terminated. An adopting parent is a parent. On the other hand, a stepparent or judicially 
appointed guardian not otherwise by law designated as the child's parent is not a parent. 
• 
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IS 
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JJ 
.. 
"Part" (paragraph (18)) means organ, eye, or tissue. While this definition is shorter 
than the definition in the 1987 Act, it is functionalIy the same because alI parts of the 
human body, including bones and fluids, are encompassed within the definition. The 
definition excludes the whole body. 
"Prospective donor" (paragraph (22)) means an individual who is dead or near death 
and has been determined to have one or more parts that could be medically suitable for 
transplantation, therapy, research, or education. The term includes an individual who 
made an anatomical gift during life and, therefore, is a donor. The term also includes a 
non-donor individual at or near the time of death with parts that are medically suitable for 
donation who could become a donor if the individual's family made an anatomical gift 
under Section 9. The term does not include an individual who made a refusal as the 
refusal bars other persons from making an anatomical gift on that individual's behalf. 
"Reasonably available" (paragraph (23)) is defined in a manner similar to that in the 
Uniform Health-Care Decisions Act. A decision to make an anatomical gift, particularly 
of an organ, is extremely time sensitive. Life-saving organs may be forfeited if persons 
with a priority to make an anatomical gift under Section 9 cannot be located. Physical 
presence, however, is not required to be "reasonably available." 
An individual is 
"reasonably available" if the individual can be contacted without undue effort. Also, the 
concept assumes that an individual is wilIing to act in a timely manner to permit the 
successful recovery of organs. An individual who is unwilIing to make a decision to 
either donate or refuse to donate in a timely manner is not considered to be "reasonably 
available." 
"Tissue" (paragraph (30)), as defined in this act, includes bone. 
The definition 
excludes blood unless donated for research or education. Blood is not obtained from 
deceased persons for purposes of transplantation or therapy. Furthermore, blood banks 
are not treated as tissue banks under other law. Accordingly, it is appropriate to exclude 
blood from the operation of this [act] except when donated for purposes of research or 
education. 
"Agent" (paragraph (2)) is an individual who, under certain circumstances, can make 
an anatomical gift on the principal's behalf. An agent is empowered to make a gift if the 
agent is authorized by a power of attorney for health care to make health-care decisions 
on the principal's behalf. Thus, this [act], independent of any other law, empowers an 
agent acting under a power of attorney for health care to make an anatomical gift on the 
principal's behalf. It is unnecessary that states adopting this [act] amend their power of 
attorney for health care statutes to specifically empower agents to make anatomical gifts 
on behalf of principals. On the other hand, a state may choose to amend its health-care 
power of attorney statute in order that all of the agent's powers, including the power to 
make an anatomical gift, are located and visible in one place setting forth the powers of a 
health-care agent. 
Even though this [act] enables an agent acting under a power of 
attorney for health care to make an anatomical gift, if the principal prohibits the agent 
from making an anatomical gift of the principal's parts, the agent would have no authority 
to do so. See Section 4(2). 
An agent also may be designated by a record, other than a power of attorney for 
I 
health care, which authorizes the agent to make an anatomical gift. This would permit a 
principal to empower one individual to make health-care decisions and another individual 
to make anatomical gift decisions. In light of the definition of record, this authority could 
be expressed in a financial power of attorney. 
"Anatomical gift" (paragraph (3)) means a gift that takes effect after the donor's 
death. Thus, an "anatomical gift" does not include a gift of an organ from a living donor 
to a living recipient. 
II 
"Decedent" (paragraph (4)) is defined as it was under prior versions of this [act] to 
include both stillborns and fetuses. A fetus, by definition, is not an embryo and nothing 
in this [act] allows for an anatomical gift of an embryo. Under other law fetuses can be 
used for research. See, 42 U.S. C. § 289g-1 & 289g-2; 42 CFR § 46.201. 
By including stillborns and fetuses in the definition of "decedent," this [act] assures 
that stillborns and fetuses continue to receive the statutory protections conferred by this 
[act]; namely that their bodies or parts cannot be used for transplantation, therapy, 
research, or education without the same appropriate consents afforded other prospective 
donors. The definition of decedent does not broaden the scope of available transplant or 
research subjects or techniques. Although the needs of research and transplantation may 
have changed and expanded since the original 1968 Act was drafted, the scope of this 
[act] with regard to the definition of those who may be a source of an anatomical gift has 
neither changed nor expanded. By its terms, this [act] is silent on the issue of the use or 
donation of blastocytes and embryos, neither authorizing nor prohibiting their donation or 
use. 
Similarly, this [act] is silent on the nature of the research to be performed and 
provides no authorization or prohibition for somatic cell nuclear transfer or other specific 
research techniques. The complicated legal, scientific, moral, and ethical issues which 
may arise in the consideration of such research is, or should be, dealt with in separate 
statutes and policies. Thus, nothing in this [act] affects embryonic stem cell research. 
However, for jurisdictions that might prefer a more restrictive definition in the second 
sentence of the definition of "decedent," the following language is suggested: "The term 
does not include a blastocyst, embryo, or fetus that is the subject of an induced abortion." 
"Disinterested witness" (paragraph (5)) means a witness other than those listed in the 
I 
paragraph. Under Sections 5 and 6 anatomical gifts may be made or revoked. Under 
Section 7 a person may also make or revoke a refusal. In most circumstances these acts 
must be evidenced by a record. However, in limited circumstances they can be evidenced 
by oral statements to at least two adult witnesses. In those circumstances at least one of 
the witnesses must be a disinterested witness. 
"Document of gift" (paragraph (6)) includes a donor card or any other record. It also 
includes a donor registry (paragraph (8)), a driver's license (paragraph (9)), and an 
identification card (paragraph (13)). While a donor card is a record, the reference to 
donor cards had been specifically retained because of the wide acceptance of that concept 
in our culture. Prior versions ofthis [act] also expressly referred to a will in the definition 
of a document of gift. The omission in this [act] of a will in the definition of a document 
of gift does not mean a will is not a document of gift. Rather, the "will" is subsumed in 
the word "record." 
Where there is a need in this [act] to specially treat wills as 
.. 
II 
• 
documents of gift, the will is singled out from other documents of gift. 
A statement or symbol on a driver's license or donor registry is a document of gift; it 
is not merely an expression of intent to make a gift. Therefore, where there is such a 
statement or symbol, no other document of gift is necessary to evidence the making of an 
anatomical gift. Potential donors utilizing records other than a driver's license or a donor 
registry to make an anatomical gift should be strongly encouraged to make their gifts on a 
driver's license or donor registry, as gifts on a license or registry are more likely to be 
discovered when the donor is dead or near death. 
Under Section 5(b) a donor can make an anatomical gift by authorizing the persons 
who maintains a donor registry to include on the registry a statement or symbol that the 
donor has made an anatomical gift. By adding a "donor registry" as a device for making 
an anatomical gift, this [act] recognizes the increasing use of donor registries to make 
anatomical gifts. The use of donor registries was not contemplated when the previous 
versions of this act were adopted. 
Today, however, they have assumed increased 
importance and in time may come to dominate how anatomical gifts are made. While the 
format of donor registries differ, generally they allow for the making of an anatomical 
gift of one or more parts and permit that gift to be made over the internet. No known 
donor registry provides for a refusal to make an anatomical gift, and this [act] does not 
require that they do so. The person who maintains a donor registry may, if it chooses, 
follow up an electronic registration by sending the donor a card to sign. However, that is 
not legally required by this [act] to make an effective anatomical gift. 
"Donor" (paragraph (7)) means the individual whose body or part is the subject of an 
anatomical gift. Thus, an individual who signs a donor card or authorizes a symbol to be 
placed on a driver's license or donor registry evidencing an anatomical gift is a donor 
even though the part donated will not be removed from the donor until the donor dies. 
Likewise, if the family of a decedent who did not make an anatomical gift during life 
donates a part of the decedent, that decedent is a donor. Thus, "donor" refers to a living 
individual who made an anatomical gift or on whose behalf an anatomical gift was made 
to take effect in the future. The term also includes a decedent whose body or part is the 
subject of an anatomical gift. Anatomical gifts by a donor, as well as amendments, 
revocations, and refusals, may preclude the ability of others to make or revoke anatomical 
gifts on behalf of the donor. See Sections 7 and 8. 
"Donor registry" (paragraph (8)) means a database containing records of anatomical 
gifts. The concept of the registry is new to this version of the anatomical gift act. Many 
states now have donor registries. Most of them are operated by private organizations, 
such as a procurement organization (paragraph (21)) while some are operated by the state. 
Section 20 of this [act] authorizes states to either establish or contract for the 
establishment of a donor registry. 
Donor registries, like driver's licenses, are very 
effective devices to record the making of an anatomical gift. 
The making of an 
anatomical gift by these devices assures that the evidence of a gift is always available, 
unlike the traditional donor card which can often be lost. Furthermore, they are easily 
accessible by procurement organizations. 
"Driver's license" (paragraph (9)) includes both driver's licenses for which adults 
qualify, as well as licenses or permits issued to minors whether denoted "temporary 
permit," "permit," or "leamer's permit," or something else. State laws vary widely on 
how young an individual under the age of 18 can be to obtain a driver's license. For 
example, it is not uncommon for a leamer's permit to be issued to a 16-year-old 
individual. And, in some states licenses or permits can be issued to 14-year-olds for the 
purpose of driving only certain types of motorized vehicles, such as farm equipment. The 
definition of "driver's license" is broad enough to include all of these. Furthermore, under 
the definition, a condition, such as that the holder must be accompanied by an adult or the 
holder can drive only certain types of vehicles, does not prevent the license or permit 
from being considered a "driver's license" under this [act]. 
Under Section 4 if a minor is of an age that the minor would be entitled to obtain a 
driver's license, the minor can make an anatomical gift even though the minor does not 
actually apply for a license. Thus, a minor who could apply for a permit could make an 
anatomical gift by another means, such as a donor card or donor registry. Furthermore, if 
a minor acquires a license on which the minor has made an anatomical gift, the minor 
would not have to re-apply for a driver's license when attaining age 18 for the gift to be 
effective. 
This [act], however, does not require that licenses provide space for a notation that 
the holder is a donor. That mandate, if it exists, is left to other law. 
"Guardian" (paragraph (11» means any person judicially appointed to make decisions 
for the support, care, education, health, or welfare of the ward. The intent is to exclude 
guardians ad litem or temporary guardians who would not have an expected long-term 
relationship to the ward. 
"Identification card" (paragraph (13» means an identification card issued by the 
[state department of motor vehicles]. 
Some individuals desire an identification card 
rather than a driver's license. 
These individuals could make an anatomical gift by 
authorizing a statement or symbol to be put on the card. While this [act] does not require 
that space be provided on the card for that purpose, it is anticipated that states will design 
these cards in ways to permit the making of an anatomical gift. 
"Know" (paragraph (14» means actual knowledge. Thus, it does not mean imputed 
knowledge. When imputed knowledge is relevant under any section of this [act], the 
section expressly so provides. See, e.g., section 11(j). 
"Parent" (paragraph (17» means a parent whose parental rights have not been 
terminated. An adopting parent is a parent. On the other hand, a stepparent or judicially 
appointed guardian not otherwise by law designated as the child's parent is not a parent. 
"Part" (paragraph (18» means organ, eye, or tissue. While this definition is shorter 
than the definition in the 1987 Act, it is functionally the same because all parts of the 
human body, including bones and fluids, are encompassed within the definition. The 
definition excludes the whole body. 
"Prospective donor" (paragraph (22» means an individual who is dead or near death 
and has been determined to have one or more parts that could be medically suitable for 
transplantation, therapy, research, or education. The term includes an individual who 
made an anatomical gift during life and, therefore, is a donor. The term also includes ... 
non-donor individual at or near the time of death with parts that are medically suitable for 
donation who could become a donor if the individual's family made an anatomical gift 
under Section 9. The term does not include an individual who made a refusal as the 
refusal bars other persons from making an anatomical gift on that individual's behalf. 
"Reasonably available" (paragraph (23)) is defined in a manner similar to that in the 
Uniform Health-Care Decisions Act. A decision to make an anatomical gift, particularly 
of an organ, is extremely time sensitive. Life-saving organs may be forfeited if persons 
I 
with a priority to make an anatomical gift under Section 9 cannot be located. Physical 
presence, however, is not required to be "reasonably available." 
An individual is 
"reasonably available" if the individual can be contacted without undue effort. Also, the 
concept assumes that an individual is willing to act in a timely manner to permit the 
successful recovery of organs. An individual who is unwilling to make a decision to 
either donate or refuse to donate in a timely manner is not considered to be "reasonably 
available." 
"Tissue" (paragraph (30)), as defined in this act, includes bone. 
The definition 
excludes blood unless donated for research or education. Blood is not obtained from 
deceased persons for purposes of transplantation or therapy. Furthermore, blood banks 
are not treated as tissue banks under other law. Accordingly, it is appropriate to exclude 
blood from the operation of this [act] except when donated for purposes of research or 
education. 
§2943. Applicability 
This chapter applies to an anatomical gift or amendment to, revocation of or refusal 
to make an anatomical gift, whenever made. 
§2944. Who may make anatomical gift before donor's death 
Subject to section 2948, an anatomical gift of a donor's body or part may be made 
during the life of the donor for the purpose of transplantation, therapy, research or 
education in the manner provided in section 2945 by: 
1. Donor. The donor, if the donor is at least 18 years of age or is under 18 years of 
age and is: 
A. An emancipated minor; or 
B. Authorized under state law to apply for a driver's license because the donor is at 
least 16 years of age; 
2. Agent of donor. An agent of the donor, unless the power of attorney for health 
care or other record prohibits the agent from making an anatomical gift; 
3. Parent of the donor. A parent of the donor, if the donor is under 18 years of age 
and not emancipated; or 
4. Guardian of donor. The donor's guardian. 
Uniform Comment 
(This is Section 4 of the Revised Uniform Anatomical Gift Act (2006).) 
Structurally, this [act] includes within Sections 4 through 8 provisions that were 
included in Section 2 of the 1987 Act. Section 4 relates to who may make an anatomical 
gift before a donor dies, Section 5 to the manner in which an anatomical gift may be 
made, Section 6 to the amending and revoking of an anatomical gift, Section 7 to the 
refusal to make an anatomical gift, and Section 8 to the effect of gifts, amendments, and 
revocations on the ability of others to make an anatomical gift. 
Like the predecessor acts, this [act] provides that an individual may make an 
anatomical gift of the individual's body or part if the individual is an adult. This [act], 
however, expands prior law in a number of ways. 
In most states a minor, under limited circumstances, can apply for a driver's license. 
The minor might wish to be a donor. As a policy matter, if the minor is old enough to 
drive a vehicle the minor should be old enough to make an anatomical gift. Thus, this 
[act] provides that a minor who could obtain a driver's license is empowered to make an 
anatomical gift whether on a driver's license or other document of gift. On the other 
hand, if the minor donor dies under the age of 18, it seems appropriate that the minor's 
parents should be able to revoke the gift. See Section 8(g). Because the minor's parents 
cannot revoke the anatomical gift if the minor donor later dies over the age of 18, there is 
no necessity under this [act] for the minor donor to confirm that anatomical gift after 
reaching 18. Thus, in a state that provides that a license issued to a minor is good for five 
years and the minor applies for the license at age 17, the minor can make an anatomical 
gift on the driver's license and need not reaffirm the gift for another five years. 
Furthermore, once the minor reaches age 18, the minor's parents cannot revoke the gift. 
Section 4 expands prior law in other important respects. It permits anatomical gifts 
by an emancipated minor. The act does not define "emancipated minor," although a 
common example would be a married minor. State laws vary regarding the definition of 
an emancipated minor. By not defining the phrase in this [act], the phrase is effectively 
defined by other law of the state. 
Section 4 expressly empowers an anatomical gift to be made on behalf of an 
individual by that individual's agent or a parent, if that individual is an unemancipated 
minor, or by a guardian. 
An anatomical gift by an agent, parent, or guardian remains in effect until such time 
as amended or revoked by an agent, parent, or guardian, or by the donor on whose behalf 
the gift was made. For example, if a parent makes an anatomical gift for a minor and the 
parent does not revoke that gift before the minor reaches age 18 or becomes emancipated, 
the anatomical gift remains in effect until such time as it is altered by the donor or by the 
donor's agent or guardian. While agents, parents, and guardians can make an anatomical 
gift, they can not sign a refusal under Section 7 on their principal's or ward's behalf. A 
refusal can only be made by that individual whose part or body might otherwise have 
been the subject of an anatomical gift. 
As noted in the comments to the definitions, an agent acting under a power of 
attorney for health care is authorized merely by that designation to make an anatomical 
gift on the principal's behalf. If the principal does not wish to authorize the agent acting 
under a power of attorney for health care to make that decision, the power must include 
language to expressly negate that authority. See Section 4(2). Conversely, if the agent is 
acting under another record, such as a financial power of attorney, the agent would be 
empowered to make an anatomical gift only if that authority was expressly conferred in 
the record. See Section 2(2)(B). 
I 
Section 4 specifically delineates the four purposes for which an anatomical gift may 
be made, namely, transplantation, therapy, research or education. The terms 
"transplantation", "therapy", "research" and "education" are not defined in this [act]. 
Rather, they are defined by their common usage in the communities to which they apply. 
In general terms, transplantation refers to the removal and grafting of one individual's 
body part into the body of another individual. Research is a process of testing and 
observing, the goal of which is to obtain generalizable knowledge, while therapy involves 
the processing and use of a donated part to develop and provide amelioration or treatment 
for a disease or condition. Education posits the use of the whole body or parts to teach 
medical professionals and others about human anatomy and its characteristics. 
§2945. Manner of making anatomical gift before donor's death 
1. Donor. A donor may make an anatomical gift: 
A. 
By authorizing a statement or symbol indicating that the donor has made an 
anatomical gift to be imprinted on the donor's driver's license or identification card; 
B. In a will; or 
C. During a terminal illness or injury of the donor, by any form of communication 
addressed to at least 2 other individuals who are at least 18 years of age, one of whom 
is a disinterested witness. 
2. Donor or other authorized person. A donor or other person authorized to make 
an anatomical gift under section 2944 may make a gift by a donor card or other record 
1 
signed by the donor or other person making the gift or by authorizing that a statement or 
symbol indicating that the donor has made an anatomical gift be included on a donor 
registry. If the donor or other person is physically unable to sign a record, the record may 
be signed by another individual at the direction of the donor or the other person and must: 
A. Be witnessed by at least 2 other individuals who are at least 18 years of age, one 
of whom is a disinterested witness, who have signed at the request of the donor or the 
other person; and 
B. State that it has been signed and witnessed as provided in paragraph A. 
3. 
Anatomical gift not invalidated. 
Revocation, suspension, expiration or 
cancellation of the driver's license Qr identification card issued to a donor does not 
invalidate an anatomical gift. 
4. Anatomical gift by will. An anatomical gift made by will takes effect upon the 
donor's death whether or not the will is probated. Invalidation of the will after the donor's 
death does not invalidate the gift. 
Uniform Comment 
(This is Section 5 of the Revised Uniform Anatomical Gift Act (2006).) 
The execution formalities associated with the making of an anatomical gift generally 
remain the same as under the 1987 Act. However, in addition to the making of an 
anatomical gift by a donor card, will, or state-issued driver's license, an anatomical gift 
can also be made on a state-issued identification card or a donor registry. 
Section 5(a) provides that a donor can make an anatomical gift by authorizing a 
statement or symbol to be imprinted on the donor's driver's license, in the donor's will, or 
during a terminal illness or injury, orally to at least two adult witnesses, at least one of 
whom is disinterested. Only a donor can make a gift under Section 5(a). A Section Sea) 
gift cannot be made by an agent, parent, or guardian. 
Under Section 5(a)(2) an anatomical gift can be made in a donor's will. The section is 
silent regarding who must sign the will. Statutes of Wills generally require wills to be 
signed by the testator, and under certain circumstances, permit wills to be signed by 
another individual acting on behalf of the testator at the testator's request and often in the 
testator's presence. See Uniform Probate Code § 2-502. Thus, an anatomical gift can be 
made by the will of a donor whether the will is signed by a donor or a third party acting at 
the donor's request. 
Typically an anatomical gift of a part for transplantation or therapy is not made by a 
will. In fact, donors are ill-advised to make an anatomical gift by will as the terms of the 
will may not be known in sufficient time to allow for successful recovery of the gifted 
parts. Individuals who make an anatomical gift of their parts in a will for transplantation 
or therapy should make their wishes known by other means as well. On the other hand, 
some individuals donate their bodies to medical science for research or education, and 
they may do so by a will. Subsection (d) provides that, if an anatomical gift is made by 
will, it takes effect at the donor's death. The gift is valid even though the will is not 
probated or is declared invalid. See Section Sed). 
3S 
Subsection (a)(3) permits an oral gift by a terminally ill or injured donor if the donor's 
communication is addressed to at least two adult witness, at least one of whom is a 
disinterested witness. This subsection is new to anatomical gift acts. The ability to make 
an oral gift parallels the ability to make oral revocations and refusals. 
Section 5(b) permits an anatomical gift by a signed donor card or other record. The 
card or record can be signed by any person (donor, agent, parent, or guardian) authorized 
to make an anatomical gift under Section 4. If the person making the gift is physically 
• 
.. 
.. 
unable to sign the card or record, the record can be signed by another individual acting at 
the direction of the donor or other person making the gift. In this case, the record must be 
witnessed by at least two adult witnesses, at least one of whom is a disinterested witness. 
Furthermore, the record must state that it was signed and witnessed at the request of the 
donor or other person. 
A disinterested witness is a witness other than the spouse, child, parent, sibling, 
grandchild, grandparent, or guardian, of the individual who makes, amends, revokes, or 
refuses to make an anatomical gift, or another adult who exhibited special care and 
concern for that individual. A disinterested witness also does not include any person to 
whom an anatomical gift could pass under Section 11. See Section 2(5). For example, a 
terminally ill individual could make an anatomical gift by an oral communication to two 
unrelated neighbors or to one unrelated neighbor and one of the individual's adult 
children, but not to the individual's two adult children. 
Section 5(b) also permits any person (donor, agent, parent, or guardian) authorized to 
make an anatomical gift under Section 4 to make that gift by authorizing that a statement 
or symbol indicating that the donor has made a gift be included on a donor registry. 
Donor registries were not contemplated by the prior versions of this [act]. Since the 
promulgation of those versions, numerous donor registries have been created under the 
auspices of states or private organizations. Over time donor registries may become the 
primary device by which anatomical gifts are made by donors. See Section 20 (creation of 
donor registry). 
A decision was made in drafting this [act] not to include a specific form in the statute 
for the making of an anatomical gift. Rather, the drafting committee concluded that 
suggested forms consistent with this [act] be included in these comments. Three such 
forms follow: 
DONOR CARD 
I wish to donate my organs, eyes, and tissue. I give: 
D Any needed organs, eyes, and tissue D ONLY the following organs, eyes, 
and tissue: 
Date: 
Donor's Signature --------
DONOR CARD 
I wish to donate my organs, eyes, and tissue. I wish to give (complete either 
I 
II 
I3 
Section A, B, or C): 
Subject 
of 
Purpose of Gift: 
Gift: 
Transplantation 
Research or 
or 
Education 
Both 
therapy 
Yes 
No 
Section A 
ALL of my 
organs, 
[ ] 
[ ] 
[ ] 
[ ] 
[ ] 
eyes, and 
tissue 
Section B 
My Organs 
[ ] 
[ ] 
[ ] 
[ ] 
[ ] 
My Eyes 
[ ] 
[ ] 
[ ] 
[ ] 
[ ] 
My Tissue 
[ ] 
[ ] 
[ ] 
[ ] 
[ ] 
Section C 
Special Instructions (If none of the above apply), I wish to give ONLY: 
Date: --------
Donor's Signature: ______ _ 
DONOR CARD 
I give, upon my death, the following gifts for the purpose of (choose whichever 
applies): [ ] only transplantation and therapy, [ ] only research and education, [ ] 
transplantation, therapy, research, or education 
For the purposes specified above, I give: 
[ ] ALL needed organs, tissues, and eyes; or 
(If you checked the box immediately above, you should not check specific boxes 
below). 
• 
.. 
')" 
-j 
[ ] Organs 
[ 
] Tissues 
] Eyes 
If none of the above applies, I wish to give ONLY: 
The following organs and tissues: ________________ _ 
Date: ---------
Donor's Signature: _________ _ 
§2946. Amending or revoking anatomical gift before donor's death 
1. Donor or authorized person. Subject to section 2948, a donor or other person 
authorized to make an anatomical gift under section 2944 may amend or revoke an 
anatomical gift by: 
A. A record signed by: 
( I) The donor; 
(2) The other person; or 
(3) Subject to subsection 2, another individual acting at the direction of the 
donor or the other person if the donor or other person is physically unable to sign; 
or 
B. A later-executed document of gift that amends or revokes a previous anatomical 
gift or portion of an anatomical gift, either expressly or by inconsistency. 
2. Individual acting at donor's or authorized person's direction. A record signed 
pursuant to subsection I, paragraph A, subparagraph (3) must: 
A. Be witnessed by at least 2 other individuals who are at least 18 years of age, one 
of whom is a disinterested witness, who have signed at the request of the donor or the 
other person; and 
B. State that it has been signed and witnessed as provided in paragraph A. 
3. Revocation by destruction or cancellation of document. Subject to section 
2948, a donor or other person authorized to make an anatomical gift under section 2944 
may revoke the gift by the destruction or cancellation ofthe document of gift, or a portion 
of the document of gift used to make the gift, with the intent to revoke the gift. 
4. Amendment or revocation by donor during terminal illness or injury. A 
donor may amend or revoke an anatomical gift that was not made in a will by any form of 
communication during a terminal illness or injury addressed to at least 2 other individuals 
who are at least 18 years of age, one of whom is a disinterested witness. 
5. Amendment or revocation of gift in will. A donor who makes an anatomical 
gift in a will may amend or revoke the gift in the manner provided for amendment or 
revocation of wills or as provided in subsection 1. 
Uniform Comment 
(This is Section 6 of the Revised Uniform Anatomical Gift Act (2006).) 
Section 6 largely mirrors the provisions in the prior acts. It applies to the amendment 
or revocation of an anatomical gift whether made by a donor or by another person acting 
on behalf of the donor. 
.. 
Under Section 6(a)( 1), an anatomical gift can be revoked or amended by a record 
signed by the donor or the other person authorized to make an anatomical gift under 
Section 4. If the donor or other person is physically unable to sign a record amending or 
revoking an anatomical gift, the record may be signed by another individual acting at the 
direction of the donor or other person so long as the record is witnessed by at least two 
adult witness, at least one of whom is a disinterested witness. In this case, the record must 
state that it was signed and witnessed at the request of the donor or other person. 
Subsection (a)(2), borrowing from statutes dealing with the revocation of wills, 
contemplates revocations or amendments made by a later-executed document of gift 
either expressly or by inconsistency. For example, suppose a donor executes a will 
bequeathing her entire body to Medical School A for research or education. Later, the 
donor signs a document of gift donating a kidney for transplantation. Since the later-
executed document of gift is only inconsistent with the prior document of gift to the 
extent of the donated kidney, the donor's kidney would, if medically suitable, pass to the 
appropriate procurement organization, and the donor's body without the kidney would 
pass to Medical School A. See Section II. 
A driver's license that makes no provision for the making of an anatomical gift is not 
a document of gift because a document of gift is defined to be a donor card or other 
record "used to make an anatomical gift." See Section 2(6). Therefore, a later-issued 
driver's license that is silent regarding the licensee's intent to make an anatomical gift 
would not be inconsistent with a prior driver's license on which the donor had made an 
anatomical gift. Thus, the gift on the prior license would still be effective. For donors 
using a driver's license to make an anatomical gift, however, it is wise to always make the 
gift on the most current license as motor vehicle departments may have expunged 
information on a previously issued license from their electronic databases. 
There is no requirement under this [act] that documents of gift be dated. A "dating 
requirement" was purposely omitted to avoid invalidating documents of gift written 
without the advice of counsel that may not have included a date. That purposeful 
omission could result in some proof issues if a question arises whether one document of 
gift revokes another by inconsistency. There is little evidence to suggest that this would 
be a problem, but should it arise, the matter would have to be resolved by resort to any 
competent evidence. If the evidence is not available, a presumption should arise that the 
document of gift with the most comprehensive gift controls given the policy of this [act] 
II 
• 
to favor the making of anatomical gifts. 
Under Section 6(c) an anatomical gift made by a document of gift also can be 
revoked by destruction of the document of gift if the destruction is done with the intent to 
revoke that gift. As a practical matter revocation by destruction is not possible for 
anatomical gifts made on a donor registry. A donor wishing to revoke anatomical gifts 
made on a donor registry should revise the registry. If an anatomical gift was evidenced 
by a written document that was destroyed inadvertently and cannot be found, there may 
be no effective Section 4 anatomical gift because no one may know of the anatomical 
gift. Inadvertent destruction of donor cards is common. A card may be lost when the 
donor decides to clean out a wallet or purse. Thus, donors are well advised to make their 
wishes known on documents of gift with greater permanency, such as a driver's license or 
a donor registry, in order to reduce the risk of inadvertent destruction. 
The ability to revoke an anatomical gift is subject to the limitations in Section 8. For 
example, if a donor makes an anatomical gift of a kidney, all other persons are precluded 
from revoking that gift. Therefore, the donor's later-appointed guardian would not be 
el1iJmwered to revoke that anatomical gift under Section 6. 
Under Section 6(d) an anatomical gift may also be amended or revoked by a donor 
with a terminal illness or injury by any form of communication that is addressed to at 
least two adult witnesses, at least one of whom must be a disinterested witness. If the 
donor cannot communicate orally, acceptable forms of communication, in addition to a 
record, could include a movement of the head or eye in response to specific questions. 
§2947. Refusal to make anatomical gift and effect of refusal 
1. Refusal of individual. An individual may refuse to make an anatomical gift of 
the individual's body or part by: 
A. A record signed by: 
(I) The individual; or 
(2) Subject to subsection 2, another individual acting at the direction of the 
individual if the individual is physically unable to sign; 
B. The individual's will whether or not the will is admitted to probate or invalidated 
after the individual's death; or 
C. 
Any form of communication made by the individual during the individual's 
terminal illness or injury addressed to at least 2 other individuals who are at least 18 
years of age, one of whom is a disinterested witness . 
2. 
Individual acting at direction of individual. A record signed pursuant to 
subsection I, paragraph A, subparagraph (2) must: 
A. Be witnessed by at least 2 other individuals who are at least 18 years of age, one 
of whom is a disinterested witness, who have signed at the request of the individual; 
and 
B. State that it has been signed and witnessed as provided in paragraph A. 
3. Amendment or revocation by individual. An individual may amend or revoke a 
refusal: 
A. In the manner provided in subsection 1 for making a refusal; 
B. 
By subsequently making an anatomical gift pursuant to section 2945 that is 
inconsistent with the refusal; or 
C. By the destruction or cancellation of the record evidencing the refusal, or the 
portion ofthe record used to make the refusal, with the intent to revoke the refusal. 
4. Effect of unrevoked refusal. Except as otherwise provided in section 2948, 
subsection 7, in the absence of an express, contrary indication by the individual set forth 
in the refusal, an individual's unrevoked refusal to make an anatomical gift of the 
individual's body or a part bars all other persons from making an anatomical gift of the 
individual's body or the part. 
Uniform Comment 
(This is Section 7 of the Revised Uniform Anatomical Gift Act (2006).) 
Section 7 honors the autonomy of an individual whose body or part might otherwise 
be the subject of an anatomical gift by empowering the individual to make a refusal. 
There is no age limitation for an individual to sign a refusal. An individual of any age can 
do so. (However, if a minor has made a refusal and dies under the age of 18, the refusal 
can be revoked by the minor's parents. See Section 8(h)). 
A refusal can only be made by the individual whose parts are the subject of the 
refusal. Thus, an individual's agent, parent, or guardian cannot make a refusal for the 
individual under Section 7 even though the agent, parent, or guardian could have made a 
gift for the individual under Section 4. 
Refusals typically are made by a signed record. If the individual who wants to sign a 
refusal cannot physically do so, the refusal can be signed by another individual acting at 
the request of the individual. If the refusal is signed by another individual acting at the 
request of the individual making the refusal, the refusal must be witnessed by at least two 
adults, at least one of whom is a disinterested witness. Furthermore, the record must state 
that it was signed and witnessed at the request of the individual. See Section 7(a)(1) and 
(b). 
A refusal can also be made by the individual's will whether or not the will is admitted 
to probate or is later invalidated. Additionally, a refusal can be made by any form of 
communication by a terminally ill or injured individual addressed to at least two adults, at 
least one of whom is a disinterested witness. See Section 7(a)(3). 
Subsection (c) provides for the amendment or revocation of a refusal. A refusal may 
be revoked by a signed record. It can also be revoked by a later-made anatomical gift that 
is inconsistent with the refusal. For example, suppose an individual signs a refusal to be 
.. 
an organ donor under Section 7. Later that individual signs a record stating only "I revoke 
the refusal." At this point that individual is neither a donor nor a refuser and upon the 
individual's death, an anatomical gift could be made by the person or persons listed in 
Section 9. On the other hand, suppose the individual who had signed a refusal later 
executed a document of gift donating "my eyes." Here there is an anatomical gift of the 
eyes and a refusal to be a donor of any other part. This would bar any person from 
revoking the anatomical gift of the eyes or making an anatomical gift of any other part. 
Similarly, suppose the individual had signed a refusal and later obtained a driver's license 
stating that the individual wanted to be an "organ donor." The driver's license would 
revoke the refusal to the extent inconsistent with the refusal, and there would be an 
anatomical gift of the donor's organs, eyes, and tissue. See Section I I (f). Lastly, under 
limited circumstances, a refusal can be revoked orally. See Section 7( c)(1). 
Subsection (d) provides that an individual's unrevoked refusal to make an anatomical 
gift of the individual's body or part bars all others from later making an anatomical gift of 
the body or part. Thus, suppose an individual signs an unrevoked Section 7 refusal. No 
other person before or after that individual's death could make an anatomical gift for that 
individual. This section honors the autonomy of the individual to refuse to have his body 
or parts become the subject of an anatomical gift. It prevents families from making 
donations on behalf of decedents who, while living, had signed a refusal to make an 
anatomical gift unless there is evidence that the individual signing the refusal did not 
intend to have that refusal bind others after death. 
An individual might sign a Section 7 refusal that expressly provides that it is not 
intended to affect the ability of others to make an anatomical gift following the 
individual's death. If that intent is expressly indicated in the refusal, or if the refusal were 
later revoked, then other persons listed in Section 9 can make an anatomical gift. For 
example, suppose an individual signs a Section 7 refusal barring the making of an 
anatomical gift of the individual's body and parts. If that person does not revoke the 
refusal, then neither that individual's agent nor guardian nor any person listed in Section 9 
can make an anatomical gift of the individual's body or parts. However, it is possible that 
an individual might wish to bar the individual's guardian from making an anatomical gift 
under Section 5 but not the individual's family from making a gift under Section 10. If 
that intent is expressed in the refusal, it will be honored. The intent to make only a limited 
refusal must be set forth expressly in the Section 7 refusal. Extrinsic evidence would not 
be admissible to establish intent to limit the refusal as subsection (d) provides that a 
contrary indication be expressly set forth in the refusal. 
An individual's refusal could be limited to a part. For example, an individual might 
sign a refusal to donate the individual's eyes. In the absence of an express, contrary 
indication, the refusal would not apply to the individual's other parts. Thus, following the 
individual's death, the persons listed in Section 9 could make an anatomical gift of the 
individual's other parts. 
A simple form of refusal under this [act] could provide: 
any part. 
I, _________ " refuse to make any anatomical gift of my body or 
I 
Date Signed 
Signature of Declarant 
§2948. Preclusive effect of anatomical gift, amendment or revocation 
1. Person other than donor barred. Except as otherwise provided in subsection 7, 
in the absence of an express, contrary indication by the donor, a person other than the 
donor is barred from making, amending or revoking an anatomical gift of a donor's body 
or a part if the donor made an anatomical gift of the donor's body or the part under section 
2945 or an amendment to an anatomical gift of the donor's body or the part under section 
2946. 
2. Revocation not refusal. A donor's revocation of an anatomical gift of the donor's 
I I 
body or a part under section 2946 is not a refusal and does not bar another person 
specified in section 2944 or 2949 from making an anatomical gift of the donor's body or a 
part under section 2945 or 2950. 
3. Effect of gift or amendment by person other than donor. If a person other than 
the donor makes an unrevoked anatomical gift of the donor's body or a part under section 
2945 or an amendment to an anatomical gift of the donor's body or a part under section 
2946, another person may not make, amend or revoke the gift of the donor's body or part 
under section 2950. 
4. 
Effect of revocation by person other than donor. 
A revocation of an 
anatomical gift of the donor's body or a part under section 2946 by a person other than the 
donor does not bar another person from making an anatomical gift of the body or a part 
under section 2945 or 2950. 
5. Effect of gift of a part or for a purpose. In the absence of an express, contrary 
indication by the donor or other person authorized to make an anatomical gift under 
section 2944: 
A. 
An anatomical gift of a part is neither a refusal to give another part nor a 
limitation on the making of an anatomical gift of another part at a later time by the 
donor or another person under section 2945 or 2950; and 
B. An anatomical gift of a part for one or more of the purposes set forth in section 
2944 is not a limitation on the making of an anatomical gift of the part for any of the 
other purposes by the donor or any other person under section 2945 or 2950. 
6. Donor unemancipated minor. If a donor who is an unemancipated minor dies 
under 18 years of age, a parent of the donor who is reasonably available may revoke or 
amend an anatomical gift of the donor's body or part. 
7. Parent's revocation of unemancipated minor's refusal. If an unemancipated 
minor who signed a refusal dies under 18 years of age, a parent of the individual who is 
. 
reasonably available may revoke the individual's refusal. 
Uniform Comment 
(This is Section 8 of the Revised Uniform Anatomical Gift Act (2006).) 
Section 2(h) of the 1987 Act provided that "an anatomical gift that is not revoked by 
the donor before death is irrevocable and does not require the consent or concurrence of 
any person after the donor's death." The intent of that section was to assure donation 
finality for anatomical gifts made by donors prior to death. For many years, however, it 
was the practice, albeit now changing, for procurement organizations to seek permission 
from donor families before parts could be recovered from deceased donors. This practice, 
I 0 
however, is inconsistent both with the I 987 Act and, more importantly, the respect due to 
I I 
donors who have made anatomical gifts during their lives. Furthermore, that practice 
I 2 
could result in unnecessary delays in the recovery of organs. 
Section 8 is designed to state firmly the rule that a donor's autonomous decision 
regarding the making of an anatomical gift is to be honored and implemented and is not 
subject to change by others. Section 8 not only continues the policy of making lifetime 
donations irrevocable but also is restated to take away from families the power, right, or 
authority to consent to, amend, or revoke donations made by donors during their 
lifetimes. 
Section 8 addresses the possible tension between a donor's autonomous decision to be 
a donor with the interest of surviving family members to make that decision. It addresses 
this tension by favoring the decision of the donor over the desires of the family. Section 
}} 
8(a) strips surviving family members of at least one stick in a bundle of property rights 
they might otherwise have under state law-the right to make, amend, or revoke an 
anatomical gift of a body or part if the donor made an anatomical gift or an amendment of 
the gift of the body or part. This section does not affect property rights families might 
otherwise have in a decedent's body under other law, such as the right to dispose of a 
decedent's body after the part that was the subject of the anatomical gift has been 
recovered. In fact. language in Section 11 (h) confirms the family's right to dispose of the 
donor's body after the donor's parts have been recovered for transplantation, therapy, 
research, or education. 
Section 8(a) provides that, if a donor has made an anatomical gift or has amended an 
anatomical gift, no other person can make, amend, or revoke that gift. For example, 
suppose a donor gifts the donor's organs for transplantation. By virtue of Section 8(a), no 
other person can amend or revoke that gift. In fact, because all other persons are barred 
from doing so, they have no legal authority or right to amend or revoke the anatomical 
gift. This section does not apply to bar the parents of an unemancipated minor donor who 
dies under the age of 18 from revoking the minor donor's gift. See Section 8(g). 
Section 8(a) is subject to the provisions of subsection (t). Under subsection (D the 
donor's gift of a part for one purpose does not preclude another person from expanding 
the gift to include another purpose under either Section 5 or 10. For example, suppose the 
donor signs a document of gift stating: "I give my kidney for transplantation." Following 
I 
the donor's death, an individual listed in Section 9 could expand that gift to include 
research in the event the kidney was not medically suitable for transplantation. The right 
to expand the purposes of the gift can be restricted by the donor. 
Section 8(b) provides that the donor's revocation of an anatomical gift (as 
distinguished from a refusal) bars no one from making an anatomical gift of the donor's 
body or parts. The difference between Section 8(a) and Section 8(b) is that a revocation is 
an ambiguous act respecting the donor's intention to bind others. A donor might want to 
bind others, but it is just as likely that a donor was ambivalent and was more than willing 
to leave the decision to donate to others. For example, suppose an individual who had 
donated a kidney by a donor card later destroys that card with the intent to revoke the 
II 
anatomical gift. This revocation will not prevent another person acting under either 
Section 5 or 10 from making an anatomical gift. A donor who wishes both to revoke and 
bind others not to make a gift must sign a refusal. 
Section 8( c) provides that a gift or an amendment of a gift by a person other than the 
donor under Section 5 or 6 bars other persons from making, amending, or revoking that 
gift under Section 10 only. For example, suppose the guardian of an adult makes a gift on 
the adult's behalf. At the adult's later death, the adult's surviving child could not amend or 
revoke that gift. On the other hand, suppose a donor's agent makes a gift during the 
donor's lifetime and later a guardian is appointed for the donor. The guardian would not 
be barred from amending that gift or revoking it. The difference is that the persons named 
in Section 4 are viewed as the donor's alter egos with power to control the donation 
decision up until the time of the donor's death. Of course, the donor could also amend or 
revoke the agent's gift. 
Under Section 8( d) if a person other than the donor revokes an anatomical gift under 
Section 6, the revocation does not bar another person from making a gift under either 
Section 5 or Section 10. For example, suppose the donor's parent makes an anatomical 
gift. Twelve years later the donor's agent revokes that gift under Section 6. (Section 8(c) 
does not bar the agent from revoking the gift). Then, five years later a guardian is 
appointed for the principal. The guardian could make an anatomical gift for the principal 
under Section 5 because Section 8( d) does not bar the guardian from making the gift. 
Likewise, the revocation of an anatomical gift by an agent, parent, or guardian would not 
prevent the making of an anatomical gift under Section 10. For example, suppose an 
agent makes an anatomical gift for a donor which the agent revokes prior to the 
principal's death. The principal takes no further action to effectuate the anatomical gift 
and dies survived by a spouse and predeceased by the agent. The spouse could make an 
anatomical gift under Section 10 because the agent's revocation of the anatomical gift 
does not prevent the spouse from making the anatomical gift. 
Section 8(e), consistent with prior law, provides that, absent express, contrary 
indications by the person making an anatomical gift, the gift of a part is neither a refusal 
to give other parts nor a limitation on the making of gifts of other parts. Thus, if a donor 
makes an anatomical gift of the donor's kidney, this gift does not bar the donor's family 
after the donor's death from making a gift of the donor's heart. 
Anatomical gifts can only be made for four purposes-transplantation, therapy, 
I 
research or education. See Sections 4 and 9. Section 8(t) provides that an anatomical gift 
of a part for one or more of the purposes of transplantation, therapy, research or education 
does not limit the ability to make a later gift of the part for other purposes by the donor or 
any other person under Section 5 or Section 10. For example, suppose a donor donates 
"all organs, eyes, and tissue for transplantation or therapy." That gift would not bar a gift 
under Section 10 of the organs, eyes, or tissue for research. The donor can bar an 
expansion of the gift's purposes by an express contrary direction. For example a donor's 
gift of "organs, eyes, and tissue only for transplantation" would bar others from 
expanding the purpose of the gift to include research. 
Section 8(g) permits either parent of an unemancipated minor donor who dies under 
II 
the age of 18 to revoke that gift. This subsection applies only if the child dies under the 
age of 18. It does not empower the parent of a living minor to revoke that minor's 
anatomical gift while the minor is living. In fact, Section 8(a) would preclude the parent 
from revoking the minor child's anatomical gift. A parent who does not wish the parent's 
minor child to make an anatomical gift should communicate the parent's desires to that 
child. Once the minor donor becomes an adult, neither parent has the right to revoke the 
gift. 
Under Section 8(h) an unemancipated minor's refusal can also be revoked by the 
minor's parent if the minor dies under the age of 18. Like Section 8(g), a minor's refusal 
cannot be revoked by the minor's parent while the minor is alive. 
Both Section 8(g) and 8(h) require the parent to be reasonably available to either 
revoke a gift or a refusal. If both parents are reasonably available, either one can revoke 
the gift or the refusal. 
§2949. Who may make anatomical gift of decedent's body or part 
1. Gift by members of class, priority. Subject to subsections 2 and 3 and unless 
barred by subsection 4, an anatomical gift of a decedent's body or part for purposes of 
transplantation, therapy, research or education may be made, in the order of priority 
I isted, by any member of the following classes of persons who is reasonably available: 
A. An agent of the decedent at the time of death who could have made an anatomical 
gift under section 2944, subsection 2 immediately before the decedent's death; 
B. The spouse of the decedent; 
C. Adult children ofthe decedent; 
• 
D. Parents of the decedent; 
E. Adult siblings of the decedent; 
F. Adult grandchildren of the decedent; 
G. Grandparents of the decedent; 
H. An adult who exhibited special care and concern for the decedent; 
I 
I. The persons who were acting as the guardian of the person of the decedent at the 
time of death; and 
J. Any other person having the authority to dispose of the decedent's body. 
2. Anatomical gift by member of class unless object. If there is more than one 
member of a class listed in subsection I, paragraph A, C, 0, E, F, G or I entitled to make 
an anatomical gift, an anatomical gift may be made by a member of the class unless that 
member or a person to which the gift can pass under section 2951 knows of an objection 
by another member ofthe class. If an objection is known, the gift may be made only by a 
majority of the members of the class who are reasonably available. 
., 
3. 
Member of prior class reasonably available. 
No person may make an 
II 
anatomical gift if, at the time of the decedent's death, a person in a prior class under 
subsection I is reasonably available to make or to object to the making of an anatomical 
gift. 
4. Gift barred. An anatomical gift may not be made if doing so is barred by section 
2947 or 2948. 
Uniform Comment 
(This is Section 9 of the Revised Uniform Anatomical Gift Act (2006).) 
Section 9(a) empowers the persons listed in the section to make an anatomical gift of 
a decedent's body or parts unless they are otherwise barred from doing so under Section 7 
or Section 8. Persons who can make an anatomical gift under Section 9 often will be 
consulted whether they would be willing to make a gift when the prospective donor is 
near death. See also Section 10, comment (last paragraph). 
The list of persons who can make an anatomical gift on behalf of a decedent is 
slightly expanded from prior law. This list now includes that individual who at the time of 
the decedent's death was acting as an agent of the decedent, adult grandchildren of the 
decedent, and a close friend of the decedent. 
This [act] does not extend the agency relationship beyond a principal's death. Under 
other law, an agent's power under a power of attorney for health care or any other power 
terminates when the principal dies. But, under this [act] and assuming that the agent was 
neither barred under Section 8 nor prohibited in the power of attorney for health care 
I 
from making anatomical gifts, the person who had been acting as an agent at the time of 
the principal's death (even though death terminated the agency relationship) has the first 
priority to make an anatomical gift on behalf of the deceased principal. 
Absent a donation by the decedent or the decedent's former agent, other persons or 
classes of person are empowered to make an anatomical gift in the following order: 
spouse of the decedent; adult children of the decedent; parents of the decedent; adult 
siblings of the decedent; adult grandchildren of the decedent; grandparents of the 
decedent; an adult who exhibited "special care and concern for the decedent;" and the 
person who was acting as guardian of the decedent at the time of the decedent's death. 
Lastly, "any other person having the authority to dispose of the decedent's body" can 
make the decision if no other persons are reasonably available. In those states that 
recognize domestic partners, the addition of the domestic partner to Section 9(a)(2) would 
be warranted. In states that do not recognize domestic partners, individuals with domestic 
partners who wish to be donors should make an anatomical gift before death or designate 
their domestic partners as agents to give them the first priority under this section. 
To the extent that an individual is concerned that the person named in Section 9 may 
not take adequate account of the individual's personal preferences regarding anatomical 
gifts, the onus is on the individual to either make or bar the making of an anatomical gift. 
lOIn the absence of any person listed in paragraphs (1) through (9) to make an 
anatomical gift, the gift can be made by "any other person having the authority to dispose 
of the decedent's body." This [act], like its predecessors, does not specify what person has 
the authority to dispose of a decedent's body. Who that person is must be determined by 
law other than this [act]. One such person might be a coroner or medical examiner in 
possession of an unclaimed body who under law other than this [act] is authorized to 
dispose of the body after a certain period of time. Of course, in that case it is most 
unlikely that the decedent's organs could be donated as they are not likely to be medically 
suitable for transplantation or therapy given the amount of time that likely will pass 
before it can be determined that no one else will claim the body. But, the decedent's eyes 
or tissue might be medically suitable for donation. And, of course, the whole body could 
be the subject of an anatomical gift. 
Subsection (a) permits any member of a class to make an anatomical gift. Under 
subsection (b), however, a class member cannot make an anatomical gift if the class 
member, or the person to which the gift could pass under Section II, knows of any 
objection to the making of the gift by another member of the class. If an objection is 
known, the gift can only be made by a majority of the members of the same class who are 
reasonably available. If the class member wishing to make the gift is the only reasonably 
available member of the class, that class member alone can make the gift even though the 
class member knows of an objection by another class member who is not reasonably 
available. If more than one member of the class is reasonably available, the gift can be 
made only if a majority of them agree. To illustrate, suppose the decedent is survived by 
three children. The eldest, who is unaware of any objection by the other two, can make an 
anatomical gift. If, however, the eldest knows that one of the other siblings objects and 
that sibling is reasonably available, both must agree to make the gift if the third sibling is 
not reasonably avail!lble. If all three siblings are reasonably available, at least two would 
have to agree to make the gift. 
This section departs from both the 1968 Act which required children to act by a 
majority and the 1987 Act which barred a class member from making a gift (and the 
donee from accepting the gift) if there was a known objection by another member of the 
class. 
The rule of subsection (b) does not apply to adults who exhibited special care and 
concern for the decedent. If there is more than one such person, anyone of them can 
make an anatomical gift. 
A person cannot make an anatomical gift if, at the time of the decedent's death, a 
person in a prior class is reasonably available to either make or object to the making of an 
anatomical gift. See Section 9( c). The assumption here is that a person in a prior class is 
reasonably available but has not yet been contacted by a procurement organization. For 
example, suppose only the decedent's grandchildren are physically present at the hospital 
when the decedent dies, but the decedent's children are able to be contacted. For purposes 
of this [act], the children are reasonably available and, therefore, the grandchildren who 
are at the hospital cannot make an anatomical gift. 
As highlighted above, known objections by persons not reasonably available do not 
lObar persons who are reasonably available from making an anatomical gift whether the 
II 
objections are held by a person in a prior class or the same class. This is purposeful. The 
policy choice here is essentially that only persons who are reasonably available can make 
or object to the making of an anatomical gift. That is because the known objection of a 
person who is not reasonably available may be based upon faulty information about the 
effects of a gift or other concerns that could have been ameliorated had the person been 
reasonably available to discuss the matter with a procurement organization or others. 
The concept and definition of "reasonably available" is drawn from lessons learned in 
the drafting of the Uniform Health-Care Decisions Act and borrows from the language in 
Section 1(14) of that act. The making of an anatomical gift following a decedent's death is 
extremely time sensitive, and a decision to donate must be made within a relatively short 
period of time following death if the organs are to remain viable and human lives are to 
be saved. Reasonably available is not synonymous with physically present. The phrase 
(defined in Section 2 (23» means able to be contacted without "undue effort and willing 
and able to act in a timely manner consistent with existing medical criteria necessary for 
the making of an anatomical gift." Thus, a sibling who can be easily contacted by 
telephone is reasonably available. Section 14(g) imposes on procurement organizations 
an obligation to make a reasonable search for persons with a priority to make an 
anatomical gift. 
An individual with a higher priority to make an anatomical gift may be unwilling to 
make a decision, preferring it be made by others. For example, a decedent's spouse may 
be unwilling to make a decision to donate the decedent's organs, preferring that any 
decision be made by the decedent's children. Under this [act] the spouse, being unwilling 
to make a decision, is not reasonably available. There is some concern that an 
unwillingness to make a decision is equivalent to an objection and should have been 
treated as such under this [act]. But, this [act] reflects a judgment that the potential 
savings in human life justifies the position that the inability to express a decision is 
tantamount to not being available to make a decision. This policy choice was supported 
by the fact that procurement organizations are well-trained to work with family members 
when seeking an anatomical gift to distinguish between an objection and a true 
unwillingness to make a decision. 
.. 
, 
I 
§2950. Manner of making, amending or revoking anatomical gift of decedent's body 
or part 
1. Authorized person: document; oral communication. A person authorized to 
make an anatomical gift under section 2949 may make an anatomical gift by a document 
of gift signed by the person making the gift or that person's oral communication that is 
electronically recorded or is contemporaneously reduced to a record and signed by the 
individual receiving the oral communication. 
II 
2. Amendment or revocation by prior class member. Subject to subsection 3, an 
anatomical gift by a person authorized under section 2949 may be amended or revoked 
orally or in a record by any member of a prior class who is reasonably available. If more 
than one member of the prior class is reasonably available, the gift may be amended or 
revoked only if a majority of the reasonably available members object to the amending or 
revoking of the gift or they are equally divided as to whether to amend or revoke an 
anatomical gift. 
IS 
3. Revocation effective if known. A revocation under subsection 2 is effective only 
if the procurement organization or transplant hospital or the physician or technician 
knows of the revocation before an incision has been made to remove a part from the 
donor's body or before invasive procedures have begun to prepare the recipient. 
Uniform Comment 
(This is Section 10 of the Revised Uniform Anatomical Gift Act (2006).) 
Section 10(a) provides that an anatomical gift by a person authorized to make the gift 
under Section 9 can be made by a document of gift that is signed by the person making 
the gift. The document of gift could be an e-mail. This might be a common form of a 
document of gift where the gift is made by a person named in Section 9 who is 
reasonably available but not physically present at the hospital where the donor died to 
deal in person with the procurement organization. 
The person also may make the gift orally. An oral gift must be recorded or reduced to 
a record that is signed by the individual receiving the oral communication. For example, 
the decedent's spouse might consent to a gift over the telephone at the request of a 
procurement organization. The individual to whom the gift was communicated should 
then note that gift in a signed record. 
In common with·prior law, if a person makes an anatomical gift but there is a member 
of a prior class who becomes reasonably available, that member may revoke the gift. See 
Section I O(b )(2). If more than one member of the prior class becomes reasonably 
available, then the gift can be revoked only if the majority of the members of the prior 
class agree to revoke the gift or if they are equally divided. See Section 1 O(b )(2). For 
example, suppose an anatomical gift of a kidney is made by a parent of the decedent 
because none of the decedent's children are reasonably available to make the gift. 
However, before an incision is made to remove the kidney from the donor's body or 
invasive procedures have begun to prepare the recipient, a child of the decedent becomes 
reasonably available and purports to revoke the gift. If this child is the decedent's only 
reasonably available child, the gift is revoked. If, on the other hand, two children become 
reasonably available, the gift is revoked only if they agree to revoke or they are equally 
divided whether to revoke. And, if three children become reasonably available, the gift is 
revoked if at least two of the three agree to revoke the gift. 
If a gift is made by a member of a more remote class, the gift can be amended by the 
members of the prior class who become reasonably available. See Section lO(b)(I). If 
more than one member becomes reasonably available, the gift can be amended only if a 
majority of them agree. See Section 10(b)(1). For example, a grandchild of the decedent 
makes an anatomical gift of the decedent's kidneys for transplant. Any reasonably 
available child or, if more than one, a majority of them can amend the gift to provide that 
if the kidney is not medically suitable for transplant, it can be used for research. 
Amendments are not subject to subsection (c) (requiring revocations to be made before 
the incision is made to remove a part from the body or before invasive procedures have 
begun to prepare the recipient) as amendments typically would involve extending the 
purpose of the gift rather than preventing the gift from being made at all. 
This [act] is silent regarding whether a Section 10 gift can be made while a donor or 
prospective donor is near death or whether the gift can only be made after the donor or 
prospective donor has died. This is purposeful in order to allow procurement 
organizations and the person having the priority to make an anatomical gift under Section 
some latitude as to when to sign a document of gift. Of course, no gift is effective 
unless the donor or prospective donor dies and at the time of death the person making the 
anatomical gift then had the priority to make the gift. 
§2951. Persons that may receive anatomical gift; purpose of anatomical gift 
1. Named recipient. An anatomical gift of a body or part may be made to the 
following persons: 
A. A named hospital, accredited medical school, dental school, college, university or 
organ procurement organization or other appropriate person for research or 
education; 
B. A named individual designated by the person making the anatomical gift if the 
individual is the recipient of the part; or, if the part for any reason cannot be 
transplanted into the individual, the part passes in accordance with subsection 6 in the 
absence of an express, contrary indication by the person making the anatomical gift; 
or 
C. A named eye bank or tissue bank. 
2. Named purpose. If an anatomical gift of one or more specific parts or of all parts 
is made in a document of gift that does not name a person described in subsection 1 but 
identifies the purpose for which an anatomical gift may be used, the following rules 
~ 
A. If the part is an eye and the gift is for the purpose of transplantation or therapy, 
the gift passes to the appropriate eye bank. 
B. If the part is tissue and the gift is for the purpose of transplantation or therapy, the 
gift passes to the appropriate tissue bank. 
C. If the part is an organ and the gift is for the purpose of transplantation or therapy, 
the gift passes to the appropriate organ procurement organization as custodian of the 
organ. 
D. If the part is an organ, an eye or tissue and the gift is for the purpose of research 
or education, the gift passes to the appropriate procurement organization. 
3. Priority of purposes. For the purpose of subsection 2, if there is more than one 
purpose of an anatomical gift set forth in the document of gift but the purposes are not set 
forth in any priority, the gift must be used for transplantation or therapy if suitable for 
1 
those purposes and, if the gift cannot be used for transplantation or therapy, the gift may 
be used for research or education. 
4. No named recipient or purpose. If an anatomical gift of one or more specific 
parts is made in a document of gift that does not name a person described in subsection 1 
and does not identify the purpose of the gift, the decedent's parts may be used only for 
transplantation or therapy, and the gift passes in accordance with subsection 6. 
5. General intent. If a document of gift specifies only a general intent to make an 
anatomical gift by words such as "donor," "organ donor" or "body donor" or by a symbol 
or statement of similar import, the decedent's parts may be used only for transplantation 
or therapy, and the gift passes in accordance with subsection 6. 
6. Rules of passing anatomical gifts. For purposes of subsection 1, paragraph B 
and subsections 3 and 4, the following rules apply. 
A. If the part is an eye, the gift passes to the appropriate eye bank. 
B. If the part is tissue, the gift passes to the appropriate tissue bank. 
C. 
If the part is an organ, the gift passes to the appropriate organ procurement 
organization as custodian of the organ. 
7. Passing of organ for transplantation or therapy. An anatomical gift of an 
organ for transplantation or therapy, other than an anatomical gift under subsection I, 
paragraph B, passes to the organ procurement organization as custodian of the organ. 
8. Custody of body or part if not passed or used. If an anatomical gift does not 
I 
pass pursuant to subsections 1 to 7 or the decedent's body or part is not used for 
transplantation, therapy, research or education, custody of the body or part passes to the 
person under obligation to dispose of the body or part. 
9. Acceptance of gift prohibited. A person may not accept an anatomical gift if the 
person knows that the gift was not effectively made under section 2945 or 2950 or if the 
person knows that the decedent made a refusal under section 2947 that was not revoked. 
For purposes of this subsection, if a person knows that an anatomical gift was made on a 
document of gift, the person is deemed to know of any amendment or revocation of the 
gift or any refusal to make an anatomical gift on the same document of gift. 
Pag..:; 40 - 123LR022S(OI)-1 
J 
10. Allocation of organs for transplant or therapy. Except as otherwise provided 
in subsection 1, paragraph E, nothing in this chapter affects the allocation of organs for 
transplantation or therapy. 
Uniform Comment 
(This is Section 11 of the Revised Uniform Anatomical Gift Act (2006).) 
Section 11 sets forth various rules to identifY the person to which a part or body 
passes as the result of an anatomical gift. 
Under Section II(a)(J), an anatomical gift ofa body for research or education can be 
made to a named organization. These gifts typically occur as the result of a whole body 
donation to a particular institution in the donor's will or as the result of a prIor 
II 
arrangement between a donor and a particular research or educational institution. 
While Section I I (a)(2) permits a donation ofa part to a named individual if the part is 
to be transplanted into that individual, such donations are exceedingly rare for at least two 
reasons. Only in rare circumstances would a donor, during the donor's life, know of an 
individual who would need an organ, eye, or tissue that would be the subject of an 
anatomical gift and, similarly, decedent's families are generally not likely to know the 
identity of such individuals. Furthermore, gifts to a named individual may not be 
medically suitable as the donor and recipient may have different blood types or other 
characteristics that make them incompatible. 
If a gift of a part is made to a named individual and it is later determined that the part 
cannot be transplanted into that individual, the part passes to the organ procurement 
organization as custodian under subsection (g) to allocate the organ in accordance with 
applicable organ allocation policies unless the person making the gift expressly provides 
to the contrary. See Section 11 (b). 
Gifts by donors before death and gifts by others after a donor's death could specifY 
both the parts that are the subject of the anatomical gift and the purposes of the gift. For 
example, a donor might make a gift of a kidney for transplantation or therapy. If a gift is 
made of one or more specific parts and specifies the purposes of the gift but does not 
name a person to whom the gift passes, then the gift passes to the appropriate eye bank if 
the gift is an eye and for the purpose of transplantation or therapy. See Section II(c)(l). If 
the gift is of tissue for the purpose of transplantation or therapy, it passes to the 
appropriate tissue bank, Section Il(c)(2), and if the gift is an organ for the purpose of 
transplantation or therapy it passes to the appropriate organ procurement organization as 
custodian of the organ, Section 11 (c )(3). A gift of a specific part for purposes of research 
or education passes to the appropriate eye bank, tissue bank, or organ procurement 
organization. See Section 1 I (c)(4). See also Section 5 comments, for examples offorms. 
In some cases the person making the anatomical gift specifies that the gift can be used 
for transplantation, therapy, research, or education but these purposes are not set forth in 
the document of gift in any priority. For example, a donor might donate "my kidney for 
• 
• 
I 
• 
II 
purposes of transplantation, therapy, research, or education." Under Section II (d), the gift 
must first be used for transplantation or therapy if suitable for either of those purposes. If 
not suitable, the gift may be used for research or education. 
Most gifts made by donors before death are made by a driver's license or entry on a 
donor registry. If a donor's gift does not specify the purpose of the gift, as would occur if 
the driver's license indicated only that the donor was an "organ donor," the gift is only of 
the donor's parts (not the whole body), and the parts may be used only for transplantation 
or therapy. See Section II (t). Likewise, if a gift of a part is made but the document of gift 
fails to specify the purpose of the gift or name a person to receive the gift, the part may be 
used only for transplantation or therapy. See Section II (e). In either case, if the part is an 
eye, it passes to the appropriate eye bank, if tissue, it passes to the appropriate tissue 
bank, and if an organ, it passes to the appropriate organ procurement organization as 
custodian of the organ. See Section II (e), (t) and (g). 
I f a gift made under Section 4 is limited to transplantation or therapy by Section II ( e) 
or (t), procurement organizations could approach persons with a priority to make gifts 
under Section 9 to expand the purpose of the gift to include research or education and 
obtain their consent to use the gift for those purposes in the event the gift is unsuitable for 
transplantation or therapy. See Section 8(t). 
A statement on a document of gift that the donor is an "organ donor" is an anatomical 
gift and not merely evidence of intention to be a donor. See Section II (t). Thus, parts can 
be recovered from the donor without the need of a Section 10 gift. Additionally, as an 
anatomical gift by the donor, surviving family members would be barred from revoking 
the gift. See Section 8. 
Under this [act], when an organ passes to an organ procurement organization for 
purposes of transplantation or therapy, it passes to the organ procurement organization as 
a "custodian." See Section II (h). Under Section 274 of the National Organ Transplant 
Act in 1984, Congress created the Organ Procurement Transplantation Network (OPTN). 
See, 42 CFR §§ 121 et seq. Among other things, the OPTN oversees the nationwide 
allocation of organs for transplantation. Currently, the OPTN contracts with the United 
Network Organ Sharing ("UNOS"), a non-profit corporation, to administer the 
nationwide allocation of organs for transplantation. UNOS, in tum, has agreements with 
numerous organ procurement organizations that have specific designated service areas. 
The organ procurement organizations have primary responsibility to evaluate the medical 
suitability of organs .for transplantation, seek anatomical gifts under Section 10 when the 
decedent was not a donor at or near death, arrange for the procurement of organs from 
donors, and cause organs to be allocated and transferred to recipients in accordance with 
their contractual obligations with the OPTN. Thus, organs passing to organ procurement 
organizations under this [act] for the purpose of transplantation or therapy pass to them in 
a custodial capacity. There is no expectation that the organ procurement organization will 
retain the organ. Eyes and tissue pass to the appropriate eye or tissue bank under no 
similar restrictions; therefore, eye and tissue banks do not properly take as a custodian. 
To assist in the evaluation of potential donors, federal law also requires hospitaL, 
receiving Medicare and Medicaid funding to refer all deaths or near deaths to organ 
I 
procurement organizations or a third party designated by the organ procurement 
organization for possible organ, eye, and tissue donation. See 42 CFR § 482.45 (Medicare 
and Medicaid Programs: Conditions of Participation: Identification of Potential Organ, 
Tissue, and Eye Donors and Transplant Hospitals' Provision of Transplant-Related Data). 
These referral requirements have made the provisions of Section 5 of the 1987 Act 
obsolete, and, accordingly, those provisions have been deleted from this [act]. 
Section II (i) provides that, if parts do not pass under the preceding provisions of the 
[act] or are not used for transplantation, therapy, research, or education, custody of the 
decedent's body or parts vests in the person under obligation to dispose of them. The 
person having custody to dispose of the decedent's body is determined by law other than 
II 
this [act]. 
This [act] does not define the appropriate eye or tissue bank or organ procurement 
organization. Which of the many eye banks, tissue banks, or organ procurement 
organizations is the appropriate one is determined by factors outside the scope of this 
[act]. For example, hospitals, coroners or medical examiners likely will have cooperative 
agreements with particular eye and tissue banks that coordinate eye and tissue donations. 
As for the appropriate organ procurement organizations, that is determined by the policies 
of the OPTN. 
Under the common law, a gift is effectuated by intent, delivery, and acceptance. (But 
see Section 13(a) regarding delivery). In common with general principles of gift law, an 
express acceptance of an anatomical gift is not required. However, Section II (j) provides 
certain bars on the acceptance of an anatomical gift by a person that would trump the 
"acceptance presumption." A person may not accept an anatomical gift if the person 
knows of a Section 7 refusal. A person may not accept an anatomical gift if the person 
knows that a gift once made had been revoked or that a gift under Section 5 or I 0 was not 
properly made. For example, suppose the decedent's children wish to donate organs that 
under Section II would pass to an organ procurement organization but that organization 
knows that the decedent's spouse is reasonably available to make or refuse to make a gift. 
The organ procurement organization may not accept the purported gift from the children. 
Suppose an organ procurement organization knows an anatomical gift was made on a 
document of gift. Because of the imputed knowledge requirement in the last sentence of 
Section II (j), the organization may not accept that gift if on the same document of gift 
there is evidence that the gift was revoked. 
Lastly, nothing in this [act] affects the allocation of organs for transplantation or 
therapy except in the case of a gift to a named individual under Section II (a)(2). See 
Section II (k). As noted above, the allocation of organs is controlled by the policies of the 
OPTN. 
§2952. Search and notification 
1. Persons to conduct reasonable search. The following persons shall make a 
reasonable search of an individual who the searcher reasonably believes is dead or near 
I 
II 
death for a document of gift or other information identifying the individual as a donor or 
as an individual who made a refusal: 
A. 
A law enforcement officer, firefighter, paramedic or other emergency rescuer 
finding the individual; and 
B. If no oth·er source of the information is immediately available, a hospital, as soon 
as practical after the individual's arrival at the hospital. 
2. Document of gift or refusal found. If a document of gift or a refusal to make an 
anatomical gift is located by the search required by subsection I, paragraph A and the 
individual or deceased individual to whom it relates is taken to a hospital, the person 
responsible for conducting the search shall send the document of gift or refusal to the 
hospital. 
3. Immunity. A person is not subject to criminal or civil liabilitv for failing to 
discharge the duties imposed by this section but may be subject to administrative 
sanctions. 
Uniform Comment 
(This is Section 12 of the Revised Uniform Anatomical Gift Act (2006).) 
This section remains in substance the same as the prior 1968 and 1987 Acts. The 
constitutional standards of "reasonable search" under state and federal laws apply. In 
ordinary circumstances, reasonable search would only be of the person or in the 
immediate vicinity of the person. No courts have applied or extended this provision to 
allow a random and extensive search of premises. Because most likely an anatomical gift 
would have been made on a driver's license or donor registry and any donation on them is 
readily accessed by a procurement organization, there is no significant need to extend this 
section to allow searches of the premises. 
§2953. Delivery of document of gift not required; right to examine 
1. Delivery during lifetime not required. A document of gift need not be delivered 
during the donor's lifetime to be effective. 
2. Examination and copvin!?. 
Upon or after an individual's death, a person in 
possession of a document of gift or a refusal to make an anatomical gift with respect to 
the individual shall allow examination and copying of the document of gift or refusal bv a 
person authorized to make or object to the making of an anatomical gift with respect to 
the individual or by a person to which the gift could pass under section 2951. 
Uniform Comment 
(This is Section 13 of the Revised Uniform Anatomical Gift Act (2006).) 
Section 13(a), in common with prior versions of this [act], rejects the common-la\\ 
principle that a gift requires delivery to be effective. With the exception of gifts of whole 
bodies in deeded body programs, most anatomical gifts made by a donor during the 
donor's life are made without any communication between the person making the gift and 
the person to which the gift passes under Section 11 and for obvious reasons-the person 
is likely unknown. 
This section does not affirmatively require any person in possession of a document of 
gift or a refusal to come forward at a decedent's death with that information. But see 
Section 12(b) (obligation of certain individuals to deliver a document of gift or refusal 
following a search). On the other hand, if a document of gift or a refusal is in the 
possession of someone other than the donor, that person shall allow other persons who 
II 
can make or object to the making of an anatomical gift to review and copy such records. 
They shall also allow the person to which a gift could pass under Section 11 to examine 
and copy such documents. See Section 13(b). See also Section 20(c)(2). 
§2954. Rights and duties of procurement organization and others 
1. 
Reasonable search of registry and records. 
When a hospital refers an 
individual at or near death to a procurement organization, the organization shall make a 
reasonable search of any donor registry and records of the Secretary of State that it knows 
exist for the geographical area in which the individual resides to ascertain whether the 
individual has made an anatomical gift. 
2. 
Reasonable access to records of Secretary of State. 
A procurement 
organization must be allowed reasonable access to information in the records of the 
Secretary of State to ascertain whether an individual at or near death is a donor. 
3. Reasonable examination to determine medical suitability. When a hospital 
refers an individual at or near death to a procurement organization, the organization may 
conduct any reasonable examination necessary to ensure the medical suitability of a part 
that is or could be the subject of an anatomical gift for transplantation, therapy, research 
or education from a donor or a prospective donor. 
During the examination period, 
measures necessary to ensure the medical suitability of the part mav not be withdrawn 
unless the hospital or procurement organization knows that the individual expressed a 
contrary intent. 
4. Reasonable examination after death. Unless prohibited by law other than this 
chapter, at any time after a donor's death, the person to which a part passes under section 
2951 mav conduct any reasonable examination necessary to ensure the medical suitability 
of the body or part for its intended purpose. 
5. 
Examination of medical records. 
Unless prohibited by law other than this 
chapter, an examination under subsection 3 or 4 may include an examination of all 
medical records of the donor or prospective donor. 
6. Reasonable search for parents of minor. If a donor, at the time of death, is 
under 18 years of age, a procurement organization shall conduct a reasonable search for 
the parents of the donor and, unless the procurement organization knows the donor is an 
I 
emancipated minor, provide the parents with an opportunity to revoke or amend the 
anatomical gift or revoke a refusal. 
7. Reasonable search for person to make gift on behalf of donor. A procurement 
organization shall make a reasonable search for any person listed in section 2949 having 
priority to make an anatomical gift on behalf of a prospective donor. 
8. 
Advise of relevant information. 
If a procurement organization receives 
information that an anatomical gift to any other person was made, amended or revoked, it 
shall promptly advise the other person of all relevant information. 
9. Superior rights. Subject to section 2951, subsection 8 and section 2963, the 
rights of the person to which a part passes under section 2951 are superior to rights of all 
II 
others with respect to the part. The person may accept or reject an anatomical gift in 
whole or in part. Subject to the terms of the document of gift and this chapter, a person 
that accepts an anatomical gift of an entire body may allow embalming or cremation and 
use of remains in a funeral service. If the gift is of a part, the person to which the part 
passes under section 2951, upon the death of the donor and before embalming or 
cremation, shall cause the part to be removed without unnecessary mutilation. 
10. Removal or transplantation procedure. Neither the physician who attends the 
decedent at death nor the physician who determines the time of the decedent's death may 
participate in the procedures for removing or transplanting a part from the decedent. 
11. Physician or technician qualified. A physician or technician may remove a 
donated part from the body of a donor that the physician or technician is qualified to 
remove. 
Uniform Comment 
(This is Section 14 of the Revised Uniform Anatomical Gift Act (2006).) 
When a hospital refers an individual at or near death to a procurement organization, 
Section 14(a) requires the procurement organization to conduct a reasonable search of the 
motor vehicle records or of any donor registry it knows to exist for the geographical area 
in which that individual resides to determine if that individual is a donor. This [act] does 
not require a hospital to make a referral to a procurement organization. However, a 
referral may be required by contract or by law other than this [act). See, e.g., Section 42 
CFR § 482.45. 
Section 14(b) requires a state department of motor vehicles to allow all procurement 
organizations reasonable access to information in the department's records. 
Procurement organizations may conduct a reasonable examination to determine the 
medical suitability of a part that is or could be the subject of an anatomical gift. This 
examination typically is made in a relatively short period of time. During the examination 
period, measures necessary to ensure the medical suitability of a part cannot be 
withdrawn from the individual who was referred to the procurement organization unless 
I 
the procurement organization or hospital knows that individual expressly provided to the 
contrary. See Section 14(c). A general direction in a power of attorney for health care or 
advance health-care directive that the patient does not wish to have life prolonged by the 
administration of life support systems should not be construed as an expression of a 
contrary intent. See Section 14( c). See also, Section 21. 
Persons to whom the part passes after the donor's death also may conduct a 
reasonable examination to ensure the medical suitability of the part. An examination 
includes an examination of the relevant medical records. See Section 14( e). Section 14( e) 
is not inconsistent with Section 164.512(h) of the HIPAA regulations permitting the 
disclosure without consent of protected health information "to organ procurement 
organizations or other entities engaged in the procurement, banking, or transplantation of 
cadaveric organs, eyes, or tissue for the purpose of facilitating organ, eye, or tissue 
donation and transplantation." 
If a minor donor dies, the minor's parents are entitled to revoke the minor's 
anatomical gift or refusal, if any. Section 14(f) requires a procurement organization to 
make a reasonable search for the minor's parents to provide them with an opportunity to 
do so. 
Under Section 14(g), a procurement organization also is required to make a 
reasonable search for any person empowered to make a gift under Section 9. If the donor 
made an anatomical gift of all parts for transplantation, therapy, research, or education or 
of the donor's whole body, there would be no one under Section 9 with a priority to make 
a gift because the persons listed in Section 9 would be barred by Section 8 from making 
or revoking the gift. Thus, if a donor made such a gift, there is no reason for procurement 
organizations to search for any of the persons named in Section 9. 
Section 14(g) also requires a procurement organization that acquires knowledge that 
an anatomical gift has been made to another person to advise that person of the gift. For 
example, suppose an organ procurement organization discovers, while searching a donor 
registry, that an anatomical gift was made of the eyes. The organ procurement 
organization is required to notify the appropriate eye bank of that gift. 
Under Section 140) neither the physician who attends the decedent at death nor the 
physician who determines the time of death may participate in the procedures for 
removing or transplanting a part. The concept of "attends" is well known in the medical 
profession and contemplates the attending physician who cared for the donor during the 
donor's life. This section is similar to provisions in prior law and is intended to bar what 
might otherwise be perceived as a conflict of interest should a physician attend both the 
donor and the recipient. Some surveys have suggested that a small segment of the 
population believes that a patient who might die without proper medical attention may 
not be treated in order that the patient's organs can be used for another. While there is 
absolutely no evidence that this has ever occurred, this section is included in this [act] to 
address any public misperceptions by making clear that it should not be able to happen 
legally. 
.. 
§2955. Coordination of procurement and use 
Each hospital in this State, after consultation with procurement organizations, shall 
establish agreements or affiliations for coordination of procurement and use of human 
bodies and parts. 
Uniform Comment 
(This is Section 15 of the Revised Uniform Anatomical Gift Act (2006).) 
CFR § 482.45 (Medicare and Medicaid Programs: Conditions of Participation: 
Identification of Potential Organ, Tissue, and Eye Donors and Transplant Hospitals' 
Provision of Transplant-Related Data) sets forth criteria requiring hospitals and organ 
procurement organizations to have cooperative agreements to permit organ procurement 
organizations to determine the suitability of organs for transplant. Furthermore in the 
absence of alternative arrangements by a hospital, organ procurement organizations have 
the responsibility to determine the suitability of tissues and eyes using the definition of 
potential tissue and eye donors and the notification protocol developed in consultation 
with the tissue and eye banks identified by the hospital for this purpose. Hospitals are also 
required to (1) have an agreement with at least one tissue bank and one eye bank to 
cooperate in the retrieval, processing, preservation, storage, and distribution of tissue and 
eyes and (2) ensure, working with organ procurement organizations, that families of 
potential donors are informed of the option of donating eyes, tissue, and organs. 
§2956. Sale or purchase of parts prohibited 
1. Crime. Except as otherwise provided in subsection 2, a person that knowingly, 
for valuable consideration, purchases or sells a part for transplantation or therapy if 
removal of a part from an individual is intended to occur after the individual's death 
commits a Class C crime. 
2. 
Reasonable compensation for services permitted. A person may charge a 
reasonable amount for the removal, processing, preservation, quality control, storage, 
transportation, implantation or disposal of a part. 
Uniform Comment 
(This is Section 16 of the Revised Uniform Anatomical Gift Act (2006).) 
This section applies only to anatomical gifts and is substantially the same as the 
provisions in the 1968 and 1987 Acts. It only applies to sales of parts intended to be 
recovered from a decedent after death for transplantation or therapy. It remains 
essentially unchanged from prior law. This section is consistent and in accord with the 
National Organ Transplant Act, 42 U.S. C. § 274(e). 
§2957. Penalty 
A person that intentionally falsifies, forges, conceals, defaces or obliterates a 
document of gift, an amendment or revocation of a document of gift or a refusal in order 
to obtain a financial gain commits a Class C crime. 
Uniform Comment 
(This is Section 17 ofthe Revised Uniform Anatomical Gift Act (2006).) 
This section is new and addresses abuses that have been widely reported. It 
criminalizes the intentional falsification of a document of gift or refusal when done to 
obtain a financial gain. For example, suppose a person falsifies a document of gift in 
order to sell a decedent's part to a research institution. The person who falsified the 
document of gift would be guilty of a felony. 
The only express liability sections in this [act] are in Section 16 relating to sales and 
Section 17 relating to falsified documents. Occasional news stories have surfaced about 
alleged other improprieties in the procurement and allocation of organs and some have 
argued that this [act] should address them. However, those other improprieties are 
addressed by law other than this [act] or administratively, including regulatory rules, 
licensing requirements, Unfair and Deceptive Practices Acts, and the common law. 
§2958. Immunity 
1. In accordance with chapter. A person that acts in accordance with this chapter 
or with the applicable anatomical gift law of another state or attempts in good faith to do 
so is not liable for the act in a civil action, criminal prosecution or administrative 
proceeding. 
2. No liability for iniury or damage. Neither the person making an anatomical gift 
nor the donor's estate is liable for any injury or damage that results from the making or 
use of the gift. 
3. Reliance on representations. A person who documents the making, amending or 
revoking of an anatomical gift under this chapter may rely upon representations of the 
individuals listed in section 2949, subsection 1, paragraphs 8, C, D, E, F, G and H 
relating to their relationship to the donor or prospective donor unless the person knows 
that the representation is untrue. 
Uniform Comment 
(This is Section 18 of the Revised Uniform Anatomical Gift Act (2006).) 
A version of subsection (a) has been in the two prior anatomical gift acts. See 
Subsection 7( c) of the 1968 Act and Section 11 (c) of the 1987 Act. In the 1968 Act, 
"good faith" had the common-law meaning of honesty-in-fact. In short, it was meant to be 
.., 
.) 
r 
a subjective standard involving determination of the intent or state of mind of the person 
concerned, namely the honesty of intent. As the official comment for Section 7 of the 
1968 Act states: "The entire section 7 merits genuinely liberal interpretation to effectuate 
the purpose and intent of the Uniform Act, that is, to encourage and facilitate the 
important and ever increasing need for human tissue and organs for medical research, 
education and therapy, including transplantation." Thus, immunity was intended to be 
extended to persons which generally and substantively act in accordance with the 1968 
Act, with honesty of intent. 
If parties were held to an overly strict adherence to this [act] when transplants must 
be made shortly after the decedent's death, it might well have a chilling effect on the 
making of anatomical gifts for the purpose of transplantation or therapy. This [act] retains 
the meaning of the term of "good faith" in the 1968 Act in order to encourage and 
facilitate transplantation. On the other hand, if a person acts in subjective "bad faith," the 
common law provides remedies. 
In order to encourage donations, Section 18(b) immunizes the person making an 
anatomical gift and the donor's estate from any liability for damages resulting from the 
making or using of an anatomical gift. Persons who make anatomical gifts and donors 
have little or no ability to determine the medical suitability or risks associated with 
transplantation or therapy of donated parts. Risk assessment is appropriately left to the 
medical community, broadly conceived. 
When an individual at or near death who is not a donor has been referred to a 
procurement organization, the organization will seek out persons to discuss the possibility 
of making an anatomical gift if the individual had not made a refusal. Because the gift 
can only be made by the persons listed in Section 9 with the appropriate priority, Section 
18( c) provides that procurement organizations can rely on the representations of the 
individuals listed in Section 9(a)(2) through (8) as to their relationship to the donor or 
prospective donor. This immunity does not apply if the individual who documents a gift 
knows the representation is false. 
The purpose of subsection (c) is to relieve procurement organizations of the burden of 
ascertaining the truthfulness of relationship claims because proof may be impracticable or 
time consuming in light of the need to act expeditiously to effectuate an anatomical gift. 
For example, if an individual claims to be the decedent's spouse or child, the procurement 
organization can rely on that representation. This immunity does not run to persons 
claiming to be agents or guardians or persons who have authority to dispose of a 
decedent's body. Agents or guardians should have documentation of their relationship 
readily available or their relationship to the donor or prospective donor will likely be 
reflected in the available medical records. 
§2959. Law governing validity; choice of law as to execution of document of gift; 
presumption of validity 
1. Validity of document. A document of gift is valid if executed in accordance 
with: 
A. This chapter; 
B. The laws of the state or country where it was executed; or 
C. The laws of the state or country where the person making the anatomical gift was 
domiciled, has a place of residence or was a national at the time the document of gift 
was executed. 
2. Law of State governs. If a document of gift is valid under this section, the law of 
this State governs the interpretation of the document of gift. 
3. Presumption. A person may presume that a document of gift or amendment of an 
anatomical gift is valid unless that person knows that it was not validly executed or was 
revoked. 
Uniform Comment 
(This is Section 19 of the Revised Uniform Anatomical Gift Act (2006).) 
Section 19 is new to the anatomical gift act and accomplishes two things. First, it 
assures that a document of gift is valid if it was valid either in the place where executed 
or in the place where the person making the gift was domiciled, had a residence, or was a 
national. This section tracks like provisions for wills, such as Section 2-506 of the 
Uniform Probate Code. 
More importantly, Section 19( c) provides that a person can presume a document 
of gift to be valid unless the person has actual knowledge that it was not validly executed 
or was revoked. For example, if the person knows that the donor had signed a Section 7 
refusal but the document of gift was signed by the decedent's spouse following the 
decedent's death, the person knows that the document of gift was not validly executed. 
§2960. Donor registry 
1. 
Establishment of donor registry. 
The Office of Health Data and Program 
Management's Office of Data, Research and Vital Statistics may establish or contract for 
the establishment of a donor registry. 
2. Cooperation amone: ae:encies. The Secretary of State shall cooperate with any 
donor registry that this State establishes, contracts for or recognizes for the purpose of 
transferring to the donor registry all relevant information regarding a donor's making, 
amendment to or revocation of an anatomical gift. 
3. Elements of donor registry. A donor registry must: 
A. Provide a database that allows a donor or other person authorized under section 
2944 to include on the donor registry a statement or symbol that the donor has made, 
amended or revoked an anatomical gift; 
B. 
Be accessible to a procurement organization to allow it to obtain relevant 
information on the donor registry to determine, at or near death of the donor or a 
~, , 
., 
I 
prospective donor, whether the donor or prospective donor has made, amended or 
revoked an anatomical gift; and 
C. Be accessible for purposes of paragraphs A and B 7 days a week on a 24-hour 
basis. 
S 
4. Nondisciosure of personally identifiable information. Personally identifiable 
information on a donor registry about a donor or prospective donor may not be used or 
disclosed without the express consent of the donor, prospective donor or the person that 
made the anatomical gift for any purpose other than to determine, at or near death of the 
donor or a prospective donor, whether the donor or prospective donor has made, amended 
or revoked an anatomical gift. 
II 
5. Other registries. This section does not prohibit any person from creating or 
maintaining a donor registry that is not established by or under contract with the State. 
However. the registry must comply with subsections 3 and 4 . 
Uniform Comment 
S 
(This is Section 20 of the Revised Uniform Anatomical Gift Act (2006).) 
A donor registry is one of many devises to facilitate the making of anatomical gifts. In 
time, it may prove to be the most effective way of making anatomical gifts, particularly 
\vhen the records of the state department of motor vehicles and the donor registry can be 
coordinated to assure a unitary source of donor information. This section is intended 
primarily to encourage states to facilitate the creation of donor registries operated by the 
state or by another. This section should not be construed to prohibit otherwise valid 
anatomical gifts as provided for in Section S. 
The section sets fOl1h minimum requirements for a donor registry whether created by 
the state or not. These requirements are that the registry: (1) provide an electronic 
2S 
database that allows persons to make an anatomical gift by use of a statement or symbol; 
(2) be accessible to all procurement organizations at or near the time of death of a donor 
or prospective donor to determine whether the donor or prospective donor made, 
amended, or revoked an anatomical gift; and (3) be operational on a seven day a week, 
twenty-four hour basis. 
Under subsection (d), a donor's personally identifiable information on a donor registry 
may not be used or -disclosed without appropriate consent except to determine whether 
the donor or prospective donor has made, amended, or revoked an anatomical gift. 
This section does not require states to create or contract for the creation of a donor 
registry. It merely gives them discretion to do so. Also, this section does not bar the 
3S 
creation of a private donor registry although it does require private registries to meet the 
requirements in subsection (c) and (d). 
Although every donor registry meeting the requirements of Section 20 would also 
meet the Section 2(8) definition of a donor registry, the definition of a donor registry in 
I 
Section 2(8) is not tied to meeting the Section 20 requirements. This was purposeful. A 
donor registry as a place to make an anatomical gift should be broadly defined to respect 
the wishes of donors who make an anatomical gift on a registry that should, but failed to, 
comply with this section. 
§2961. Effect of anatomical gift on advance health-care directive 
1. Definitions. In this section, the following terms have the following meanings. 
A. "Advance health-care directive" means a record signed by a prospective donor 
containing the prospective donor's direction concerning a health care decision for the 
prospective donor or a power of attorney for health care. 
B. 
"Declaration" means a record signed by a prospective donor specifYing the 
circumstances under which a life support system may be withheld or withdrawn. 
C. "Health care decision" means any decision made regarding the health care of the 
prospective donor. 
2. Measures to ensure medical suitability. If a prospective donor has a declaration 
or advance health-care directive, unless it expressly provides to the contrary, measures 
necessary to ensure the medical suitability of an organ for transplantation or therapy mav 
not be withheld or withdrawn from the prospective donor. 
Uniform Comment 
(This is Section 2 I of the Revised Uniform Anatomical Gift Act (2006).) 
This section differs from Section 14( c). That section provides that measures necessary 
to ensure the medical suitability of a part not be withdrawn while an examination is being 
made to determine whether an individual who has been referred to a procurement 
organization has a part that could be the subject of an anatomical gift. If, following such 
an examination, it is determined by the procurement organization that the individual has a 
part that could be the subject of an anatomical gift, the individual is a prospective donor 
under this [act] unless the individual had signed a refusal. In light of the definition of a 
prospective donor, this section would also apply to a donor near death who has medically 
suitable organs for transplantation as determined by the organ procurement organization. 
See Section 2(22). 
Measures necessary to insure the medical suitability of an organ for transplantation or 
therapy may not be withheld or withdrawn from a prospective donor who has an advance 
health-care directive or declaration unless the directive or declaration expressly provides 
to the contrary. The purpose of this section is to recognize a potential tension between the 
intent to make an anatomical gift and the intent to not have life support systems 
administered merely to prolong a life. The section presumes that for prospective donors 
the desire to save lives by making an anatomical gift trumps the desire to have life 
support systems withheld or withdrawn. Such measures are necessary for only a brief 
period of time. Individuals who desire to overcome this presumption can do so by express 
language in their advance health-care directive or declaration. 
, 
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I 
II 
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§2962. 
Cooperation between Chief Medical Examiner and procurement 
organization 
1. Cooperation to maximize opportunity. The Chief Medical Examiner and a 
procurement organization shall cooperate to maximize the opportunity to recover 
anatomical gifts for the purpose of transplantation, therapy, research or education. 
2. Examination within compatible time period. If the Chief Medical Examiner 
receives notice from a procurement organization that an anatomical gift might be 
available or was made with respect to a decedent whose body is under the jurisdiction of 
the Chief Medical Examiner and a postmortem examination is going to be performed, 
unless the Chief Medical Examiner denies recovery in accordance with section 2963, the 
Chief Medical Examiner or designee shall conduct a postmortem examination of the body 
or the part in a manner and within a time period compatible with its preservation for the 
purposes of the gift. 
3. Subject of an anatomical gift. A part may not be removed from the body of a 
decedent under the jurisdiction of the Chief Medical Examiner for transplantation, 
therapy, research or education unless the part is the subject of an anatomical gift. The 
body of a decedent under the jurisdiction of the Chief Medical Examiner may not be 
delivered to a person for research or education unless the body is the subject of an 
anatomical gift. This subsection does not preclude the Chief Medical Examiner from 
performing the medicolegal investigation upon the body or parts of a decedent under the 
jurisdiction of the Chief Medical Examiner. 
Uniform Comment 
(This is Section 22 of the Revised Uniform Anatomical Gift Act (2006).) 
This section includes a number of provisions designed to allow for the cooperation of 
procurement organizations and [coroners] [medical examiners] in obtaining bodies and 
parts that otherwise are the subject of an anatomical gift. Unlike prior law, this section 
does not empower [coroners] [medical examiners] to make an anatomical gift of the body 
or parts of a decedent. However, and although quite rare, if the [ coroner] [medical 
examiner] is the person with authority to dispose of the decedent's body and has the 
priority to make a gift under Section 9, the [coroner] [medical examiner] could make an 
anatomical gift under Section 10 . 
§2963. 
Facilitation of anatomical gift from decedent whose body is under 
jurisdiction of Chief Medical Examiner 
1. Release of information. Upon request of a procurement organization, the Chief 
Medical Examiner shall release to the procurement organization the name, contact 
information and available medical and social history of a decedent whose body is under 
the jurisdiction of the Chief Medical Examiner. 
If the decedent's body or part is 
medically suitable for transplantation, therapy, research or education, the Chief Medical 
I 
Examiner shall release postmortem examination results to the procurement organization. 
The procurement organization may make a subsequent disclosure of the postmortem 
examination results or other information received from the Chief Medical Examiner only 
if relevant to transplantation or therapy. 
2. 
Medicolegal examination. 
The Chief Medical Examiner may conduct a 
medicolegal examination by reviewing all medical records, laboratory test results, x-rays, 
other diagnostic results and other information that any person possesses about a 
prospective donor or a donor whose body is under the jurisdiction of the Chief Medical 
Examiner which the Chief Medical Examiner determines may be relevant to the 
investigation. 
II 
3. Provision of information. A person that has any information requested by a 
Chief Medical Examiner pursuant to subsection 2 shall· provide that information as 
expeditiously as possible to allow the Chief Medical Examiner to conduct the 
medicolegal investigation within a period compatible with the preservation of parts for 
purposes of transplantation, therapy, research or education. 
4. Removal not interfere with examination. If an anatomical gift has been or 
might be made of a part of a decedent whose body is under the jurisdiction of the Chief 
Medical Examiner and a postmortem examination is not required, or the Chief Medical 
Examiner determines that a postmortem examination is required but that the recovery of 
the part that is the subject of an anatomical gift will not interfere with the examination, 
the Chief Medical Examiner and procurement organization shall cooperate in the timely 
removal of the part from the decedent for purposes of transplantation, therapy, research or 
education. 
5. Removal may interfere with examination. If an anatomical gift of a part from 
the decedent under the jurisdiction of the Chief Medical Examiner has been or might be 
made, but the Chief Medical Examiner initially believes that the recovery of the part 
could interfere with the postmortem investigation into the decedent's cause or manner of 
death, the Chief Medical Examiner shall consult with the procurement organization or 
physician or technician designated by the procurement organization about the proposed 
recovery. After consultation, the Chief Medical Examiner may allow recovery. 
6. Process if conflict. Following the consultation under subsection 5, in the absence 
of mutually agreed upon protocols to resolve conflict between the Chief Medical 
Examiner and the procurement organization, if the Chief Medical Examiner intends to 
deny recovery, the Chief Medical Examiner or designee, at the request of the 
procurement organization. shall attend the removal procedure for the part before making 
a final determination not to allow the procurement organization to recover the part. 
During the removal procedure, the Chief Medical Examiner or designee may allow 
recovery by the procurement organization to proceed or, if the Chief Medical Examiner 
or designee reasonably believes that the part may be involved in determining the 
decedent's cause or manner of death, deny recovery by the procurement organization. 
7. If recovery denied. If the Chief Medical Examiner or designee denies recovery 
under subsection 6, the Chief Medical Examiner or designee shall: 
• 
• 
1; 
" 
A. Explain in a record the specific reasons for not allowing recovery ofthe part; 
B. Include the specific reasons in the records of the Chief Medical Examiner; and 
C. Provide a record with the specific reasons to the procurement organization. 
8. Record provided to Chief Medical Examiner. If the Chief Medical Examiner or 
designee allows recovery of a part under subsection 4, 5 or 6, upon request the 
procurement organization shall cause the physician or technician who removes the part to 
provide the Chief Medical Examiner with a record describing the condition of the part, a 
biops\, a_photograph and any other information and observations that would assist in the 
postmortem examination. 
9. Reimbursement for additional costs. If the Chief Medical Examiner or designee 
~ required to be present at a removal procedure under subsection 6, upon request the 
procurement organization requesting the recovery of the part shall reimburse the Chief 
Medical Examiner or designee for the additional costs incurred in complying with 
subsection 6. 
Uniform Comment 
(This is Section 23 of the Revised Uniform Anatomical Gift Act (2006).) 
This section is new. It was developed in extensive discussions among the drafting 
committee. the procurement organizations, medical professionals, and the trade group for 
the medical examiners. It is in accord with the policy guidance articulated by the National 
Association of Medical Examiners. Copies of its policies can be obtained by writing to 
the National Association of Medical Examiners, 430 Pryor Street W. Stoebuck & D. 
Whitman. The Law ofPropel1y, 3rd. ed., Atlanta, GA 30312. 
§2964. Uniformity of application and construction 
In applying and construing this uniform act, consideration must be given to the need 
to promote uniformity of the law with respect to its subject matter among states that enact 
it. 
§2965. Relation to Electronic Signatures in Global and National Commerce Act 
This Act modifies. limits and supersedes the Electronic Signatures in Global and 
National Commerce Act, 15 United States Code, Section 700 I et seq., but does not 
modity, limit or supersede Section 101(a) of that Act, 15 United States Code, Section 
7001, or authorize electronic delivery of any of the notices described in Section 103(b) of 
that Act, IS United States Code, Section 7003(b). 
§2966. Effective date 
This chapter takes effect January I, 2008. 
Sec. 3. 29-A MRSA §1402-A, sub-§l, as amended by PL 1997, c. 437, §36, is 
further amended to read: 
I 
1. Statement on anatomical gifts. A licensee may make a statement expressing the 
licensee's willingness to make an anatomical gift under Title 22, chapter -+-l-Q 71 0-8 by 
affixing an organ donor decal provided by the Secretary of State to the back of the license 
or by display of a distinctive code or notation printed on the license by the Secretary of 
State. 
Sec. 4. Effective date. That section of this Act that repeals the Maine Revised 
Statutes, Title 22, chapter 710 and that section that amends Title 29-A, section 1402-A, 
subsection I take effect January 1, 2008. 
SUMMARY 
This bill enacts the Revised Uniform Anatomical Gift .Act, adopted by the National 
II 
Conference of Commissioners on Uniform State Laws in 2006. Uniform Comments are 
included. 
•