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PUBLIC
BILL SUMMARY For REVISED UNIFORM ANATOMICAL GIFT ACT

JOINT COMMITTEE COMMITTEE ON COLORADO COMMISSION ON UNIFORM STATE LAWS
Date Nov 12, 2025       Location HCR 0107

Revised Uniform Anatomical Gift Act - Public testimony & commission discussion


03:58:38 PM  
Ms. Emma Paul, registered nurse and certified hospice and palliative nurse,spoke about a gap in the act regarding cardiac or circulatory death organ donors (DCD). The public is not generally aware of this type of donation as their donor understanding is that organ donation begins when at death.
03:59:49 PM  
Ms. Paul continued to explain that, in the past, DCD donations required two consents. the first being the initial agreement to be an organ donor and then a second consent when death is imminent to, if necessary, prolong death while undergoing further medical tests and procedures for donation purposes. But as of January, 2024, the second consent was no longer being obtained.
04:02:20 PM  

Ms. Paul wants the act to be revised to protect organ donor's right to decide their medical treatment up until their time of death. She believes this will strengthen the integrity of the act and the organ donation process by honoring patient wishes while they are alive but still honor their wish to donate.

04:03:49 PM  
Jennifer Prinz, representing Donor Alliance, testified in support of the act. Colorado is one of the leading states for organ donation. Ms. Prinz explained how the donation process works and how the UAGA is involved in that process. Donor Alliance understands and respects the difficult decisions that families and medical professionals face at the end of life and works with hospitals and family members to navigate complex circumstances and best serve the needs of patients and family members at extremely difficult times.
04:08:40 PM  
Ms. Prinze explained that it is important to preserve the uniform act, it's a legally binding process with someone signs up on the donor registry. It is a legal decision they are making about what to do with their own body at the time of their death. It's recognized in all 50 states. Allowing a family or powers of attorney to take away that person's fundable right to make this decision is wrong.
04:15:02 PM  
Commissioner McGihon confirmed that the UAGA only applies upon death and that the donor's wishes are irrevokable upon death. She added that any changes that may be considered to the act would need to be submitted to the ULC for a uniformity check before proceeding forward.
04:19:12 PM  
Commissioner Gardner spoke with Ms. Prinz about situations where families try to prevent the decedent's organ donation decision. Ms. Prinze answered it is an emotionally charged situation and she answered that her team works respectfully with the family and the hospital to honor the donor's wishes to make the best possible outcome possible.  
04:19:52 PM  
Commissioner Espenoza spoke about the different designations of death - cardiac or circulatory death and brain death, wondering if donors are aware of these designations before they sign up to donate their organs. Ms. Prinz spoke about the increasing level of awareness and autonomy in organ donation over the last decade.
04:26:30 PM  
Commissioner McGihon asked about Ms. Paul's concerns about a donor remaining on life support while not wanting to remain on life support. Ms. Prinz responded by referencing the UAGA language that affects scenarios like this.
04:29:55 PM  

Commissioner Levy asked if there had been a change in interpretation of the UAGA and if it could happen that a donor decision could override a DNR or cause a donor to be on extended life support against their wishes. Also if anything in the act places some limit on the period of time for donor to be kept on life support when a DNR is in place.

04:37:05 PM  

Ms. Prinze answered that an Alliance letter was sent to hospitals and medical professionals regarding the DCD donation process, that the prolonged life support only becomes an issue with families who are against the donor decision, and that the UAGA allows for the time it takes for evaluation.

04:38:14 PM  

Commissioners Levy and McGihon asked for Ms. Paul's responses to Ms. Prinz's testimony and for her thoughts on modifications to the act. Ms. Paul responded that in regards to the time-frame for donors to be kept on life support, the act allows for a reasonable amount of time, which is open to interpretation.

04:41:41 PM  

Ms. Paul suggested that language be added to the act to distinguish between DCD and brain death donations. The act reasonably outlines what needs to be done with brain death, but there needs to be added language regarding DCD to clarify that the patient's legally appointed medical decisionmaker can make medical decisions for them while they are alive. This would contradict current law.

04:45:04 PM  
Commissioner Espenoza expressed concern over the current process and lack of informed consent when someone is given the choice to donate their organs. She explained this can be in conflict with a patient's desire to donate their organs but also requesting a DNR.
04:47:53 PM  
Commissioner Whitfield asked about the legal designation where someone checks a box to donate organs and that there may need to be an additional step for education.
04:51:02 PM  
Commissioner McGihon shared that she had discussed the issue with the ULC and its resolution needs to be at the national level in order to maintain uniformity. The commission thanked Ms. Paul and Ms. Prinze for their testimony and the education on this subject.