This is a summary of the Utah Uniform Anatomical Gift Act prepared by Intermountain Organ Recovery System, Utah Lions Eye Bank and Intermountain Tissue Center, the regions non-profit organ, eye and tissue donor programs serving patient’s and hospitals in Utah. This is only a summary of certain provisions of the Act. For more information, or brochures, please contact raymond.jessen@hsc.utah.edu. Hospital personnel in the state of Utah, should also consult their organ and tissue donation policy or hospital liaison for details of the hospital’s specific policies and procedures.
PUBLIC ACCEPTANCE
When obtaining or renewing a driver license, Utah residents are asked “Do you wish to have the organ donor designation printed on your license?” If the driver answers, Yes, the letter ‘Y’ will be printed below the driver’s photo and the information will be made a permanent part of the driver’s record with Department of Public Safety. Currently, approximately 50 percent of Utah drivers are designated as donors. This is twice the national average. A public opinion poll conducted by Kagel Research in 1995 shows 87 percent of the population in Utah and the Intermountain West are supportive of organ and tissue donation.
AN OVERVIEW
The obvious beneficiary of organ, eye and tissue donation is the person whose life has been changed or greatly enhanced. However, the families and friends of donors gain comfort and lifelong consultation. Faced with the tragic and often unexpected loss of someone they love, they choose to respond to the needs of others. For them, donation is a tribute to the loved one they have lost and a testament of their own humanity. It is an act of kindness and generosity that will never fade from memory.
The Utah Legislature developed a law that takes a comprehensive approach to increasing organ, eye and tissue donation and improving more lives through transplantation. The Utah Uniform Anatomical Gift Act is one of the most comprehensive organ, eye and tissue donor laws in the United States. It is anticipated that this statute will significantly impact the donation rate in Utah.
Amended in 1995, the Act requires hospitals to offer the option of donation from the next of kin, and it provides opportunities for members of the public and professional communities to learn about organ, eye, and tissue donation.
HOSPITAL ROUTINE REFERRAL AND REQUEST FOR ANATOMICAL GIFTS
At or near the time of a patient’s death, the Administrator of the hospital where the patient is being treated, or a representative designated by the administrator, is required to approach the next of kin to:
- Discuss the option of making or refusing to make an anatomical gift in accordance with the Act. This should be done with discretion and sensitivity appropriate to the circumstances of the family.
- Collect and enter the required information on the Anatomical Gift Inquiry form (adopted from the Utah Department of Health). The required information includes patient’s name; demographic information; medical suitability; response of the person to whom the request was made and that person’s relationship to the patient; whether the patient meets the medical criteria. If the patient does not meet the medical criteria, the reason must be entered on the form.
- Obtain a signature of the next of kin signifying whether he/she consents or declined to consent to making an anatomical gift on behalf of the patient.
DONOR REFERRAL AND CONSENT PROCESS UNDER UTAH ANATOMICAL GIFT ACT
- On every death or impending death, a member of the hospital staff must give the option to donate organ, eye or tissue to the appropriate next of kin.
- After the hospital representative of the hospital performs the preliminary screening (i.e. over the age of 75, documented septicemia, positive HIV), staff either offers the option of eye and tissue donation to the legal next of kin or contacts the Donor Hotline (1-800-833-6667) for assistance.
- If the Donor Hotline rules out donation for medical reasons, hospital staff must document the name of the person contacted on the designated line on the Anatomical Gift Inquiry form.
- A certified organ or tissue coordinator will determine the patient’s medical suitability for organ and tissue donation. General information requested will include:
- Patient’s identification number and or name.
- Whether the patient has suffered cardiac or brain death.
- Patient’s age, preliminary medical history, and admission information.
- If the patient is a potential eye or tissue donor, procurement staff will obtain consent from the next of kin over the telephone or will work with the hospital’s designated personnel to request donation if consent has not yet been obtained.
- All deaths regardless of referral outcome, must be documented by hospital staff using the Inquiry of Anatomical Gift form or incorporated into the Utah Department of Health-approved section of the existing hospital death form. If the next of kin gives consent, a separate consent form must be completed. Both forms must be included in the patient’s medical record.
This system will significantly change the responsibility for determining donor suitability; it will shift from Utah hospital personnel to procurement agencies.
POLICE AND EMERGENCY PERSONNEL
Police and emergency personnel are required to take responsible steps to ensure the driver license or donor card accompany the individual to the hospital after an accident or trauma. Frequently, drivers licenses, donor cards, or other evidence of intent to donate are not forwarded to the hospital. This not only delays identification and notification of the next of kin but it also hinders the process of determination if a patient pledged to be a donor. The Act requires police and emergency personnel to forward evidence of the intent to donate (e.g., drivers license or donor card) to the hospital.
Procurement agencies provide assistance and support 24 hours-per-day. The coordinators have significant experience and training in approaching grieving families and requesting donation. If you have any questions regarding a potential donor, please contact the Donor Hotline (1-800-833-6667) immediately or submit other questions via e-mail to: raymond.jessen@hsc.utah.edu.