Uniform Anatomical Gift Act & CMS Requirements
Hierarchy of who can authorize an anatomical gift in the absence of a decision
documented by the patient:
(a) an agent of the decedent at the time of the decedent’s death who could have made an anatomical gift immediately before the decedent’s death pursuant to section 4 of this act
(b) the spouse, civil union partner, or domestic partner of the decedent (c) an adult child of the decedent
(d) either parent of the decedent
(e) an adult sibling of the decedent
(f) another adult who is related to the decedent by blood, marriage, or adoption, or exhibited special care and concern for the decedent
(g) a person who was acting as the guardian of the decedent at the time of the decedent’s death
(h) any other person having the authority to dispose of the decedent’s body, including the administrator of a hospital in which the decedent was a patient or resident immediately preceding death. In the absence of actual notice of contrary indication by the decedent, the administrator shall make an anatomical gift of a decedent’s body or part. (UAGA C.26:6-85)
Reasonably Available: 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 making an anatomical gift.
(a) an agent of the decedent at the time of the decedent’s death who could have made an anatomical gift immediately before the decedent’s death pursuant to section 4 of this act
(b) the spouse, civil union partner, or domestic partner of the decedent (c) an adult child of the decedent
(d) either parent of the decedent
(e) an adult sibling of the decedent
(f) another adult who is related to the decedent by blood, marriage, or adoption, or exhibited special care and concern for the decedent
(g) a person who was acting as the guardian of the decedent at the time of the decedent’s death
(h) any other person having the authority to dispose of the decedent’s body, including the administrator of a hospital in which the decedent was a patient or resident immediately preceding death. In the absence of actual notice of contrary indication by the decedent, the administrator shall make an anatomical gift of a decedent’s body or part. (UAGA C.26:6-85)
Reasonably Available: 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 making an anatomical gift.
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The OPO may conduct any blood or tissue test or minimally invasive exam reasonably
necessary to evaluate the suitability of the gift pre-consent, pre-declaration. UAGA
C.26:6-89
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The hospital shall not withdraw measures necessary to maintain the suitability of a
gift until the OPO has had the chance to advise the hierarchy of the donation option.
UAGA C.26:6-89
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A person or entity shall be immune from liability for actions taken in accordance
with, or in a good faith attempt to act in accordance with, the provisions of this act or
the applicable anatomical gift law of another state. UAGA C.26:6-91
source http://www.njsharingnetwork.org/document.doc?id=180
