Uniform Laws Determination of Death Act/Anatomical Gifts Future Legislation

1. Peter Langrock, Esq.Member of the Committee onMisuse of Genetic Information in Insurance & Employment Uniform Laws Determination of Death Act/Anatomical Gifts Future Legislation

2. THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS • The purpose of the Conference is to prepare carefully drafted legislation where uniformity of law among the various states is desirable within our federal system. Each state sends commissioners (usually 3 appointed by the governor of the state) to the annual Conference held in late July at various venues. • During the year various small (usually 8-10 commissioners) prepare drafts which are then presented to the annual Conference. These acts are then read line-by-line before the Committee of the Whole of all the commissioners on at least two annual meetings before they are approved for promulgation to the states.

3. UNIFORM DETERMINATION OF DEATH ACT • This was a project co-sponsored by: (a) American Bar Association (b) American Medical Association (c) National Conference of Commissioners on Uniform State Laws • The main impetus for this cooperation among these entities was to facilitate the implementation of the Uniform Anatomical Gift Act.

4. UNIFORM DETERMINATION OF DEATH ACT § 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.

5. The interest in these statutes arises from modern advances in lifesaving technology. A person may be artificially supported for respiration and circulation after all brain function cease irreversibly. The medical profession, also ,has developed techniques for determining loss of brain functions while cardio respiratory support is administered. At the same time, the common law definition of death cannot assure recognition of these techniques. The common law standard for determining death is the cessation of all vital functions, traditionally demonstrated by “an absence of spontaneous respiratory and cardiac functions.” There is, then, a potential disparity between current and accepted biomedical practice and the common law.

6. VERMONT’S UNIFORM ANATOMICAL GIFT ACT, TITLE 18 § 5244(b) • The time of death must be determined by a physician who attends the individual at death, or, if none, the physician who certifies the death. • Neither the physician who attends the individual at death nor the physician who determines the time of death may participate in the procedures for removing or transplanting a part. • The term “procedures” as used in this section shall include the actual physical removal and transplantation of a part, but shall not include the consent, process, disposal, preservation, quality control, storage, transportation or scientific research involving a part.

7. Peter F. Langrock, Esq. P.O. Box 351 Middlebury, VT 05753 PH: 802-388-6356 FAX: 802-388-6149 EMAIL: plangrock@langrock.com