Organ Donation And The Principles Of Gift Law

The Legal Framework Governing Organ Donation In The United States Is Built On Principles Uniquely Designed To Support The System Of Transplantation. Understanding How The Laws Are Designed And Operate In Practice Provides Insight Into Organ Donation Practices And Performance And Illuminates How The Law Is Utilized To Drive Change In The Field.”Donate Car To Charity
Donate Car To Npr
Donate Car To Veterans
Donate Car To Charity California
Donate Car To Salvation Army
Donate Car Seats
Donate Car Nj
Donate Car To Goodwill
Donate Car Mn
Donate Car Austin
Donate Car Atlanta
Donate Car Albany Ny
Donate Car Animal Charity
Donate Car Aspca
Donate Car Austin Texas
Donate Car Albuquerque
Donate Car Arizona
Donate Car Az
Donate Car As Tax Write Off

Donate A Car
Donate A Car Today
Donate A Car Canada
Donate A Car To Npr
Donate A Car In Maryland
Donate A Car Canada Reviews
Donate A Car In Nj
Donate A Car To Goodwill
Donate A Car In California
Donate A Car Reviews
Donate Car Bay Area
Donate Car Boston
Donate Car Breast Cancer
Donate Car Baltimore Md
Donate Car Benefits
Donate Car Burlington Vt
Donate Car Blind
Donate Car Booster Seat
Donate Car Big Island Hawaii
Donate Car Best Tax Deduction
Hepatitis B Carrier Donate Blood
Can Hepatitis B Carrier Donate Blood
Can Hepatitis B Carrier Donate Organs
Can Hepatitis B Carrier Donate Bone Marrow
Cardi B Donates 8000
Can Hepatitis B Carrier Donate Kidney
Donate Car Colorado
Donate Car Charity
Donate Car Chicago
Donate Car Catholic
Donate Car Cancer
Donate Car Cincinnati
Donate Car Catholic Charities
Donate Car Cancer Society
Donate Car Charity California
Donate Car Denver
Donate Car Dfw
Donate Car Dallas
Donate Car Dc
Donate Car Deduction
Donate Car Delaware
Donate Car Dmv
Donate Car Dayton Ohio
Donate Car Doesn’t Run
Donate Car Des Moines Iowa
Donate Car Expired Registration
Donate Car Eugene Oregon
Donate Car Edmonton
Donate Car Everett Wa
Donate Car Estimate
Donate Car Eureka Ca
Donate Car East Bay Ca
Donate Car Environmental
Donate Car Eggleston
Donate Car Edmonton Kidney
Donate Car For Veterans
Donate Car For Cancer
Donate Car For Cash Nj
Donate Car For Breast Cancer
Donate Car For Parts
Donate Car Free Towing
Donate Car For Vacation
Donate Car Goodwill
Donate Car Grand Rapids
Donate Car Greenville Sc
Donate Car Get Cash
Donate Car Gift Card
Donate Car Greensboro Nc
Donate Car Get Tax Deduction
Donate Car Get Vacation
Donate Car Goodwill St Louis
Donate Car Gainesville Fl
Susan G Komen Donate Car
Donate Car Hawaii
Donate Car Habitat For Humanity
Donate Car Humane Society
Donate Car Houston
Donate Car Heritage For The Blind
Donate Car Huntsville Al
Donate Car Hampton Roads
Donate Car How Much Tax Deduction
Donate Car Hawaii Kidney Foundation
Donate Car Houston Public Media
Donate Car In Maryland
Donate Car In California
Donate Car In Nh
Donate Car In Massachusetts
Donate Car Indianapolis
Donate Car Iowa
Donate Car In Ct
Donate Car In Houston
Donate Car In Nj
Donate Car In Ny
I Donate Care For Shane
Can I Donate Car Seats
Can I Donate Car Without Title
Can I Donate Car Seats To Goodwill
Can I Donate Carpet
Where Can I Donate Car
Where Can I Donate Cardboard Boxes
Where Can I Donate Car Parts
How Do I Donate Car
Donate Car Jewish Charity
Donate Car Jacksonville Fl
Donate Car Junior Giants
Donate Car Jewish
Donate Junk Car
Donate Junk Car Without Title
Donate Junk Car For Cash
Donate Junk Car To Npr
Donate Junk Car Seattle
Donate Junk Car Sacramento
Donate Car Kqed
Donate Car Kidney Foundation
Donate Car Kansas City
Donate Car Kcrw
Donate Car Kuow
Donate Car Kpcc
Donate Car Kidney
Donate Car Kexp
Donate Car Kbb
Donate Car Knoxville Tn
Donate Car Los Angeles
Donate Car Las Vegas
Donate Car Long Island
Donate Car Lexington Ky
Donate Car Lansing Mi
Donate Car Long Island Ny
Donate Car Louisiana
Donate Car Lincoln Ne
Donate Car Louisville Ky
Donate Car Las Vegas Nevada
Donate Car Maryland
Donate Car Make A Wish
Donate Car Michigan
Donate Car Minneapolis
Donate Car Massachusetts
Donate Car Maui
Donate Car Minnesota
Donate Car Maine
Donate Car Madison Wi
Donate Car Npr
Donate Car Near Me
Donate Car No Title
Donate Car Not Running
Donate Car Nashville
Donate Car New Orleans
Donate Car Nh
Donate Car New Jersey
Pick N Pull Donate Car
Donate Car Or Sell
Donate Car Orlando
Donate Car Omaha
Donate Car Or Sell For Parts
Donate Car Ohio
Donate Car Opb
Donate Car Oakland
Donate Car Oklahoma
Donate Car Phoenix
Donate Car Purple Heart
Donate Car Parts
Donate Car Portland
Donate Car Pbs
Donate Car Pick Up
Donate Car Phoenix Children’s Hospital
Donate Car Public Radio
Donate Car Philadelphia
Donate Car Planned Parenthood
Donate Car Quebec
Donate Car Queens Ny
Donate Your Car Qld
Donate Your Car In Queens Ny
Donate Car Raleigh Nc
Donate Car Reno Nv
Donate Car Reddit
Donate Car Red Cross
Donate Car Rochester Ny
Donate Car Running Or Not
Donate Car Ri
Donate Car Rochester Mn
Donate Car Remove License Plates
Donate Car Richmond Va
Babies R Us Donate Car Seat
Donate Car Salvation Army
Donate Car San Diego
Donate Car Sacramento
Donate Car San Antonio
Donate Car San Francisco
Donate Car Santa Cruz
Donate Car Tax Deduction
Donate Car To Cpr
Donate Car Utah
Donate Car Usa
Donate Car Utah Kidney Foundation
Donate Car Uk
Donate Car Usa Review
Donate Car United Way
Donate Car Used
Donate Used Car Seats
Donate Unregistered Car
Donate Used Car For Tax Deduction
Can U Donate Car Seats
Donate Car Veterans
Donate Car Value
Donate Car Virginia
Donate Car Virginia Beach
Donate Car Vs Selling
Donate Car Vermont
Donate Car Value Irs
Donate Car Vancouver Wa
Donate Car Valuation
Donate Car Ventura County
Donate Car Washington
Donate Car Write Off
Donate Car With Lien
Donate Car Wamu
Donate Car Wnyc
Donate Car Wbur
Donate Car Wisconsin
Donate Car Whyy
Donate Car Westchester Ny
Donate Car Xpn
Donate Car York Pa
Donate Car Yonkers Ny
Donate Your Car For Cash
Donate Your Car To Charity
Donate Your Car For Money
Donate Your Car To Npr
Donate Your Car Sacramento
Donate Your Car Today
Donate Your Car Australia
Donate Car $1000
Donate Car To Step 13
1800 Donate Car
1 800 Donate Cars
1 800 Donate Your Car
Donate 1$ Credit Card
Donate Car 2018
Donate Car 2 Charity
Donate Car 2 Charity Reviews
Donate Car 2017
Rdr2 Donate Carcass
Red Dead 2 Donate Carcass
Red Dead Redemption 2 Donate Carcass
Care2 Donate
Donate 4 Car Deals
Donate Cars 4 Wishes
Donate 4 Rare Cards
Donate Car 501c3
Donate Car $500
Donate 5 Carcasses To Pearson
7 Cares Donate
Donate Car 800
Donate Car To Channel 8
88.7 Donate Car
Channel 8 Donate Car
Channel 9 Donate Car”

The Primary Law Governing Organ Donation In The United States Is The Uniform Anatomical Gift Act (UAGA) (1). The UAGA Is A Model Legislation Drafted By The Uniform Commissioners That Is Then Passed Into Law State By State. The Uniform Commissioners Are A Body Of Law And Policy Experts Appointed By The Governors Of Each State To Identify Areas That Would Benefit From Uniformity Nationwide But Which Cannot Be Federally Regulated Because They Fall Under The Reserved Powers Of The State (2). Organ Donation Is One Of Those Areas. The Experience And Policy Of Deceased Organ Donation Should Be Consistent Throughout The Country Regardless Of What State You Live Or Die In. Because Matters Of Public Health, Contracts/Gifting, And Estate Are Reserved Powers For The State To Regulate, So Too Is Organ Donation, Which Involves Components Of Each Of Those Areas. Recognizing The Need For A Single Approach To Organ Donation Policy, The UAGA Has Been Enacted In Every State In The United States, Providing National Consistency Through State Law.

The UAGA Establishes Gift Law As The Central Legal Principle In The United States Opt-In System Of Organ Donation (1). The Choice Of Gift Law Is Significant. Because Medical Providers Are Trained In The Central Health Law Doctrine Of Informed Consent, They Are Often Surprised To Learn That Organ Donation Laws Do Not Follow The Same Legal Principle. Informed Consent Is The Concept Of Permission Granted By A Patient For A Particular Treatment After A Facilitated Understanding Of Risks And Benefits Including Available Alternatives. Deceased Donation, However, Presents Neither Risks Nor Benefits To The Donor Because The Donation Occurs After Death. Moreover, Individuals Provide Permission For Donation In Advance Of Death (Often Years Or Decades), Making It Unknowable What Organs Or Tissue Will Be Suitable To Actually Donate At The Time Of Death. For These Reasons, Informed Consent As A Legal Structure Is Ill-Suited For The Regulation Of Organ Donation. Alternatively, Gift Law Provides The Legal Framework Under The UAGA (3).

A Gift—In Legal Terms—Is The Legally Binding Voluntary Transfer Of Something From The Donor To The Donee Without Payment (4). The Lack Of Monetary Exchange Is Important In This Context Because Federal Law Prohibits The Purchase Or Sale Of Organs (5). Consequently, Ordinary Contract Law Would Be An Inappropriate Legal Framework For Organ Donation Because For A Contract To Be Legally Binding, There Must Be “Consideration” (Payment For The Promise To Transfer Something From One Individual To Another). Note That Donation And Transplantation Professionals Are Paid For Their Services As This Is Excluded From The Federal Prohibition, And Because Under The UAGA The Donee Of The Anatomic Gift Is The Transplant Recipient, Such Payments Do Not Abrogate The Legal Construct Of Organ Donation As A Gift. Clarity That Transfer Of Organs From Donors To Recipients Is Legally Binding Is Required As A Matter Of Policy; The Entire System Depends On It. Gift Law Provides The Legal Certainty Required And Fits With The Reality Of Deceased Organ Donation As A Decision Distinguished From Typical Health Care Decisions.

Gift Law Requires Three Basic Elements: Donative Intent, Transfer, And Acceptance (4). Fulfillment Of These Elements Results In A Legally Binding Transfer Of A Gift From The Donor To The Recipient. Donative Intent Under The UAGA Can Be Fulfilled Either By An Adult Before Death Or A Surrogate (Next Of Kin) At The Time Of The Donor’s Death.

Because The UAGA Does Not Incorporate An Informed Consent Standard, Donation Professionals Utilize The Term “Authorization” Versus “Consent.” Although Both Terms Mean Legal Permission, This Distinction Aligns The Terminology With The Underlying Legal Principles. An Individual Authorizes An Anatomic Gift Whereas A Patient Provides Informed Consent For A Medical Treatment.

The UAGA Establishes Gift Law As The Central Legal Principle In The United States Opt-In System Of Organ Donation (1). The Choice Of Gift Law Is Significant. Because Medical Providers Are Trained In The Central Health Law Doctrine Of Informed Consent, They Are Often Surprised To Learn That Organ Donation Laws Do Not Follow The Same Legal Principle. Informed Consent Is The Concept Of Permission Granted By A Patient For A Particular Treatment After A Facilitated Understanding Of Risks And Benefits Including Available Alternatives. Deceased Donation, However, Presents Neither Risks Nor Benefits To The Donor Because The Donation Occurs After Death. Moreover, Individuals Provide Permission For Donation In Advance Of Death (Often Years Or Decades), Making It Unknowable What Organs Or Tissue Will Be Suitable To Actually Donate At The Time Of Death. For These Reasons, Informed Consent As A Legal Structure Is Ill-Suited For The Regulation Of Organ Donation. Alternatively, Gift Law Provides The Legal Framework Under The UAGA (3).

A Gift—In Legal Terms—Is The Legally Binding Voluntary Transfer Of Something From The Donor To The Donee Without Payment (4). The Lack Of Monetary Exchange Is Important In This Context Because Federal Law Prohibits The Purchase Or Sale Of Organs (5). Consequently, Ordinary Contract Law Would Be An Inappropriate Legal Framework For Organ Donation Because For A Contract To Be Legally Binding, There Must Be “Consideration” (Payment For The Promise To Transfer Something From One Individual To Another). Note That Donation And Transplantation Professionals Are Paid For Their Services As This Is Excluded From The Federal Prohibition, And Because Under The UAGA The Donee Of The Anatomic Gift Is The Transplant Recipient, Such Payments Do Not Abrogate The Legal Construct Of Organ Donation As A Gift. Clarity That Transfer Of Organs From Donors To Recipients Is Legally Binding Is Required As A Matter Of Policy; The Entire System Depends On It. Gift Law Provides The Legal Certainty Required And Fits With The Reality Of Deceased Organ Donation As A Decision Distinguished From Typical Health Care Decisions.

Gift Law Requires Three Basic Elements: Donative Intent, Transfer, And Acceptance (4). Fulfillment Of These Elements Results In A Legally Binding Transfer Of A Gift From The Donor To The Recipient. Donative Intent Under The UAGA Can Be Fulfilled Either By An Adult Before Death Or A Surrogate (Next Of Kin) At The Time Of The Donor’s Death.

Because The UAGA Does Not Incorporate An Informed Consent Standard, Donation Professionals Utilize The Term “Authorization” Versus “Consent.” Although Both Terms Mean Legal Permission, This Distinction Aligns The Terminology With The Underlying Legal Principles. An Individual Authorizes An Anatomic Gift Whereas A Patient Provides Informed Consent For A Medical Treatment.