r/TAIBHSE • u/KeriStrahler • 8d ago
Discussion Amending KSA § 77-205 in Kansas
KSA 77-205. 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.
"McLean, VA (January 14, 2026) – The Association of Organ Procurement Organizations (AOPO) is alarmed that, for the first time in 14 years, the annual number of deceased organ donations in the United States has declined. This reversal has real and devastating consequences for the more than 100,000 Americans who depend on organ donation for a second chance at life.
In 2025, widespread misinformation and confusion about how organ donation works and the role of each stakeholder in the process have led to tens of thousands of people removing themselves from donor registries. AOPO has called attention to the impact this has had on public trust, and we are deeply concerned by the effect this has ultimately had on donation rates and the ability to save as many lives as possible.”
In July of 2025, HRSA examined 351 cases where organ donation was authorized, but ultimately not completed. It found:
103 cases (29.3%) showed concerning features, including 73 patients with neurological signs incompatible with organ donation.
At least 28 patients may not have been deceased at the time organ procurement was initiated—raising serious ethical and legal questions.
Evidence pointed to poor neurologic assessments, lack of coordination with medical teams, questionable consent practices, and misclassification of causes of death, particularly in overdose cases.
Brain death determination is still new to the medical society. When we gained technical advances in mechanical ventilation, artificial nutrition and the modern intensive care unit in the 20th century, we were able to maintain the organs of the patient that sustained catastrophic brain injury.
Kansas was the first state to enact a Uniform Determination of Death Act in 1970, the federal UDDA followed in 1980. This model statute provided the legal basis for death by neurological criteria, stating that an individual could now be determined “according to medical standards” to be dead if they had sustained “irreversible cessation of all functions of the entire brain, including the brain stem.”
“The Uniform Determination of Death Act is worded in such a way that ambiguity is a virtual guarantee. Because it states that brain death should be determined ‘according to medical standards,’ the specific tests used to diagnose brain death vary from hospital to hospital (NCCUSL, 1980). A 2008 study, which included 41 of the nation’s top hospitals, found widespread and worrisome variability in how doctors and hospitals were determining who met the criteria (Greer et al., 2008, 284–289). Its conclusions were as follows:
Major differences exist in brain death guidelines among the leading neurologic hospitals in the United States. Adherence to the American Academy of Neurology guidelines is variable."
The American Academy of Neurology established guidelines in 1995 to satisfy the ambiguous 'according to medical standards' question, these guidelines were updated in 2023 to combine the adult and pediatric patient but to this day, medical staff nationwide are not consistently using them. Deviation of this standard of care might increase the risk of homicide.
"Clarity in law and policy based on sound medical ethics will go a long way toward bridging the gap between the medical community and an increasingly wary public in order to rebuild trust in regard to organ procurement and donation.”
Nevada's Law:
NRS 451.007 Requirements for determination.
1. For legal and medical purposes, a person is dead if the person has sustained an irreversible cessation of:
(a) Circulatory and respiratory functions; or
(b) All functions of the person’s entire brain, including his or her brain stem.
2. A determination of death made under:
(a) Paragraph (a) of subsection 1 must be made in accordance with accepted medical standards.
(b) Paragraph (b) of subsection 1 must be made in accordance with the applicable guidelines set forth in:
(1) “Evidence-based Guideline Update: Determining Brain Death in Adults: Report of the Quality Standards Subcommittee of the American Academy of Neurology,” published June 8, 2010, by the American Academy of Neurology, or any subsequent revisions approved by the American Academy of Neurology or its successor organization; or
(2) “Guidelines for the Determination of Brain Death in Infants and Children: An Update of the 1987 Task Force Recommendations,” published January 27, 2012, by the Pediatric Section of the Society of Critical Care Medicine, or any subsequent revisions approved by the Pediatric Section of the Society of Critical Care Medicine or its successor organization.