Though New York is not one of the states that has codified the Revised UAGA
it does have its own codification of the dead-donor rule.
Like the Common Rule, the UAGA
does not address the question of ownership, and different courts have reached different conclusions on the question of whether a family member has an ownership interest in a relative's cadaver.
18) The use of the word "gift" in the title of the UAGA
was widely interpreted to outlaw human organ sales, which were not explicitly addressed in the Act.
Daniel Jardine makes a convincing case that the current practice of transplant programs in the United States--in which the express consent of a deceased to donate is "almost always" rejected unless affirmed by the deceased's next of kin (100)-violates the primacy of the deceased's wishes over those of his or her kin under the UAGA
, and that potential organ recipients may have a cause of action negligence against the hospital, doctor or OPO that rejects a gift under such circumstances.
Statutes in each of the 50 states based on the UAGA
recognize individual autonomy as the primary factor in determining whether an individual is an organ donor.
29) In promulgating the Act, the UAGA
addressed these concerns by posing twelve questions.
In the UAGA
of 1987, legislation mandated hospitals to establish request policies to qualify for Medicare reimbursement; healthcare providers were required to request consent from families of eligible organ donors.
Even if it is, few physicians or nurses will retrieve organs for transplant without the consent of the donor's next of kin--despite the fact that the UAGA
explicitly protects those who rely on a donor card from legal liability.
While the UAGA
in every state permits the mother to donate fetal tissue for transplant research and therapy, eight states ban the experimental use of dead aborted fetuses.
19) The UAGA
is periodically revised, and in 2006 the Act was amended to increase personal autonomy in organ donation.
In 1968, the National Conference of Commissioners on Uniform State Laws (NCCUSL) drafted the UAGA
of 1968, setting forth uniform guidelines on the principles and procedures for donating, procuring, and transplanting organs.
2] In fact, stillborn infants and fetuses had been explicitly recognized as potential sources of "anatomical gifts" when the UAGA
was originally drafted in 1968, although this initial version was adopted by most states prior to the Supreme Court's 1973 decision in Roe v.