Revised Uniform Anatomical Gift Act (UAGA); replaces current provisions in the code with this act. (SB918)

Introduced By

Sen. Janet Howell (D-Reston)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Revised Uniform Anatomical Gift Act (UAGA). Replaces current provisions in the Virginia Code with this Act, which was adopted, in substantial part, by the National Conference of Commissioners on Uniform State Laws (NCCUSL) in July of 2006. The original UAGA was promulgated by NCCUSL in 1968 and enacted by all states. In 1987, the UAGA was revised and updated, but only Virginia and 25 other states adopted that version. Since 1987, many states have adopted nonuniform amendments to their anatomical gift acts. This Act clarifies current law in Virginia, addresses the lack of uniformity among states, and brings the law into harmony with federal laws applicable to organ, tissue and eye donation. The revised Act addresses each step in the donation process and establishes rules of decision to resolve uncertainties and ambiguities that have arisen under prior versions of the UAGA. It ensures that if an individual wishes to make an anatomical gift or to refuse to make such a gift, those wishes will be respected without exception. It preserves the right of other persons to make an anatomical gift if the decedent did not make a gift during life, and clarifies how, to whom, and for what purpose, the gift may be made. The Act facilitates donation by expanding the list of persons who can make an anatomical gift and by establishing the priority and circumstances under which such persons may make a gift, including when they will be considered available to exercise their right to consent to, or refuse, an anatomical gift. There are numerous default rules for the interpretation of a document of gift that lacks specificity. The Act affirms that procurement organizations will have access to documents of gift in donor registries, medical records, and DMV records. It also provides that taking measures to preserve the viability of organs, tissues and eyes for their donative purpose is not inconsistent with a health-care directive requesting the withholding or withdrawal of life support systems. Other provisions address the relationship between the medical examiner and procurement organizations to ensure, to the maximum extent possible, that anatomical gifts are made from decedents under the jurisdiction of the medical examiner. The revised Act creates a new crime of falsification of a gift document and continues to prohibit the sale of bodies or body parts and increases the criminal penalty from a Class 6 to a Class 4 felony. Amends § 32.1-291.1, § 32.1-291.25, § 32.1-292.2, § 46.2-342, § 54.1-2982, § 54.1-2984, § 57-48, of the Code of Virginia. Read the Bill »

Status

04/04/2007: enacted

History

DateAction
01/08/2007Prefiled and ordered printed; offered 01/10/07 073102744
01/08/2007Referred to Committee on Education and Health
01/12/2007Impact statement from VCSC (SB918)
01/16/2007Assigned Education sub: Health Care
01/17/2007Impact statement from DPB (SB918)
01/26/2007Constitutional reading dispensed (38-Y 0-N)
01/29/2007Read second time and engrossed
01/30/2007Read third time and passed Senate (40-Y 0-N)
01/30/2007Communicated to House
02/03/2007Placed on Calendar
02/03/2007Read first time
02/03/2007Referred to Committee on Health, Welfare and Institutions
02/08/2007Reported from Health, Welfare and Institutions (22-Y 0-N) (see vote tally)
02/09/2007Read second time
02/12/2007Read third time
02/12/2007Amendment by Delegate Hamilton agreed to
02/12/2007Engrossed by House as amended
02/12/2007Passed House with amendment (100-Y 0-N)
02/14/2007House amendment agreed to by Senate (40-Y 0-N)
02/14/2007VOTE: (40-Y 0-N) (see vote tally)
02/20/2007Enrolled
02/20/2007Bill text as passed Senate and House (SB918ER)
02/21/2007Signed by Speaker
02/22/2007Signed by President
02/26/2007Impact statement from DPB (SB918ER)
02/28/2007Impact statement from VCSC (SB918ER)
03/26/2007Governor's recommendation received by Senate
04/03/2007Placed on Calendar
04/04/2007Enacted, Chapter (effective 7/1/07)
04/04/2007House concurred in Governor's recommendation (97-Y 0-N)
04/04/2007VOTE: ADOPTION (97-Y 0-N) (see vote tally)
04/04/2007G Governor's recommendation adopted
04/04/2007Reenrolled
04/04/2007Reenrolled bill text (SB918ER2)
04/04/2007Signed by President as reenrolled
04/04/2007Enacted, Chapter 907 (effective 7/1/07)
04/11/2007G Acts of Assembly Chapter text (CHAP0907)