The Uniform Determination of Death Act (UDDA) is a model state law that was approved for the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
in 1981 by the
National Conference of Commissioners on Uniform State Laws
The Uniform Law Commission (ULC), also called the National Conference of Commissioners on Uniform State Laws, is a non-profit, American unincorporated association. Established in 1892, the ULC aims to provide U.S. states (plus the District of C ...
, in cooperation with the
American Medical Association
The American Medical Association (AMA) is a professional association and lobbying group of physicians and medical students. Founded in 1847, it is headquartered in Chicago, Illinois. Membership was approximately 240,000 in 2016.
The AMA's sta ...
, the
American Bar Association
The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. Founded in 1878, the ABA's most important stated activities are the setting of aca ...
, and the
. The act has since been adopted by most US states and is intended "to provide a comprehensive and medically sound basis for determining
death
Death is the irreversible cessation of all biological functions that sustain an organism. For organisms with a brain, death can also be defined as the irreversible cessation of functioning of the whole brain, including brainstem, and brain ...
in all situations". Brain death is a different condition than
persistent vegetative state
A persistent vegetative state (PVS) or post-coma unresponsiveness (PCU) is a disorder of consciousness in which patients with severe brain damage are in a state of partial arousal rather than true awareness. After four weeks in a vegetative stat ...
. Due to better
seat belt use,
bicycle helmet
A bicycle helmet is a type of helmet designed to attenuate impacts to the head of a cyclist in falls while minimizing side effects such as interference with peripheral vision. There is ongoing scientific research into the degree of protection ...
s, and the general decrease in violent crime, there are lower numbers of brain deaths now than historically. Donation after cardiac death (DCD) is a new protocol applied when there is severe neurologic injury but the patient does not meet the criteria for brain death.
The three sections of the Act proposed for enactment read as follows.
Section 1
Determination of Death. An individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death must be made in accordance with accepted medical standards.
Section 2
Uniformity of Construction and Application. This Act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this Act among states enacting it.
Enactments
the act has been adopted by 37 states, plus
D.C. and the
Virgin Islands
The Virgin Islands ( es, Islas VĂrgenes) are an archipelago in the Caribbean Sea. They are geologically and biogeographically the easternmost part of the Greater Antilles, the northern islands belonging to the Puerto Rico Trench and St. Cro ...
: Alabama, Alaska, Arkansas, California, Colorado, Delaware, District of Columbia, Georgia, Idaho, Indiana, Kansas, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, U.S. Virgin Islands, Utah, Vermont, West Virginia, Wisconsin, and Wyoming.
Revision
the Uniform Death Act is under revision by the
Uniform Law Commission
The Uniform Law Commission (ULC), also called the National Conference of Commissioners on Uniform State Laws, is a non-profit, American unincorporated association. Established in 1892, the ULC aims to provide U.S. states (plus the District of C ...
, with a draft expected to be completed by 2023.
See also
*
List of Uniform Acts (United States)
References
{{Reflist
External links
Maine's Codification of this ActNCCUSL Home Page
1981 in American law
Determination of Death