Changing the Brain Death Law AGAIN

Medical and legal elites want the Uniform Law Commission (ULC) to change the Uniform Determination of Death Act (UDDA) to make “brain death” easier to declare, explicitly WITHOUT consent, including for the apnea test which removes the life-supporting ventilator and only risks harm.

Conscience opt-outs have been discussed but ONLY IF objection is made “prior” to initiation of the “brain death” exam protocol. Physician and healthcare provider opt-outs were not included. Conscience rights must include both patients and providers.

Dr. Byrne, Dr. Christine Zainer, and others are working to gather 10,000 letters to send to the Chicago-based Uniform Law Commission (ULC) to prevent making “brain death” easier to declare without explicit consent

Paul Byrne

Dr. Paul A. Byrne is a Board Certified Neonatologist and Pediatrician. He is the Founder of the Neonatal Intensive Care Unit at SSM Cardinal Glennon Children’s Medical Center in St. Louis, MO. He is Clinical Professor of Pediatrics at University of Toledo, College of Medicine. He is a member of the American Academy of Pediatrics and Fellowship of Catholic Scholars.

Dr. Byrne is past-President of the Catholic Medical Association (USA), formerly Clinical Professor of Pediatrics at St. Louis University in St. Louis, MO and Creighton University in Omaha, NE. He was Professor of Pediatrics and Chairman of the Pediatric Department at Oral Roberts University School of Medicine and Chairman of the Ethics Committee of the City of Faith Medical and Research Center in Tulsa, OK. He is author and producer of the film “Continuum of Life” and author of the books “Life, Life Support and Death,” “Beyond Brain Death,” and “Is ‘Brain Death’ True Death?”

Dr. Byrne has presented testimony on “life issues” to nine state legislatures beginning in 1967.

The Letter

Help Dr. Paul A. Byrne and Dr. Christine Zainer

Attached is the letter to be printed our and signed if you agree that the new guidelines being proposed need to be stopped. Send it to:

f you agree with the attached action letter prepared by Drs. Paul Byrne and Christine Zainer, please sign and return, if possible, before July 9, 2023, to

Christine Zainer (NOT directly to the ULC):

Christine Zainer, P.O. Box 26635, Milwaukee, Wi 53226

They will make copies and send the letters in a bundle to the ULC.

Please download the ULC action letter (PDF) here, and please forward it to others.

Articles on Brain Death that I have written for 13 years now.

As you know the Apnea Test has been a big concern of mine since the beginning of Jamie’s declaration of “brain death”. It is addressed in the letter above:

The apnea test is part of BD testing. During the apnea test procedure, the life-supporting ventilator is disconnected for up to 10 minutes. There are no benefits to the patient, only risks of harm.

1. The statute ought to protect the person from being declared dead when still alive. Full and complete information about the apnea test and any tests used to declare BD must be provided with freedom, at any time, by patients, surrogates, physicians, and other health care providers, to decline or cease the apnea test, exams, and protocols, for the determination and declaration of BD.

2. Treatment options ought to be made available that protect and preserve the life of the patient, even if disability is a potential outcome. Treatments should NOT be denied based on “quality-of-life” judgments by caregivers even though a patient or surrogate may legitimately refuse them.
3. Model statute below, in the negative, sets minimum criteria before death is declared. This minimum fulfills a change in state of the three vital systems to protect living patients from being treated as dead.

Thank you dear readers!