|
American Liver Foundation (ALF) Resolutions regarding
organ donor
Attachment: 10H ALF Policy Statement on Donation Benefits* WHEREAS, over 84,195 (updated 3/25/04) patients are on the waiting list for life-saving organs; WHEREAS, 17,337 liver patients (7/31/03) are on the waiting list for life-saving organs and only 5,327 livers were available for transplant patients in 2002; WHEREAS, as documented above, the shortage of organs remains a major impediment to fulfilling the demand for life-saving transplantation; WHEREAS, there is the need for increased public awareness of organ donation to save thousands of lives; WHEREAS, the demand for livers is projected to increase by more than 300% over the next decade due in part to the emerging impact of hepatitis C; WHEREAS, there is the need for innovative approaches to stimulate public responses (that need to be evaluated) to the need for organ donation; WHEREAS, organ donors and/or their families often face obstacles of being compromised should they voluntarily elect the option of organ donation; WHEREAS, the federal prohibition on valuable consideration** in the procurement and transplantation of organs can be interpreted to prohibit beneficial arrangements that do not involve the buying or selling of human organs or otherwise pose ethical or moral risks; and without definition of “valuable consideration” defined by the Secretary of Health or comparable government official exploration of new models to increase donation are not possible;
WHEREAS, with the scarcity of cadaveric organs, it is believed that research is needed to determine that organ donation will be increased if financial and other barriers are removed or minimized so that true access to becoming an organ donor or organ donor family can be realized as a right; WHEREAS, consent to donation is a right and responsibility that should be innate in the public policy messages and education systems within our society; THEREFORE, BE IT RESOLVED BY ALF THAT: Ø Organs should not be bought or sold; Ø Donation of organs not be a financial burden to family or donors; Ø Financial or logistical obstacles be minimized to the extent possible for organ donations made voluntarily by families or donors; Ø Accommodations to achieve the above be referred to as “Donation Benefits,” rather than termed as “inducements” or “incentives;” Ø Policy makers focus attention to considerations or benefits to donors that will increase the rates of donation and be equitable across society; and
Ø
The
*Currently referred to as donor/family “inducements” or “incentives.” ** The National Organ Transplant Act (NOTA) has language that may inhibit the removal of certain barriers to organ donation as it may relate to restrictions imposed related to “valuable consideration”: (a) It shall be unlawful for any person to knowingly acquire, receive, or otherwise transfer any human organ for valuable consideration for use in human transplantation if the transfer affects interstate commerce, (b) any person who violates subsection (a) shall be fined not more than $50,000 or imprisoned not more than five years, or both. (National Organ Transplantation Act of 1984 (NOTA), Sec. 301). Note: The above policy is dedicated to the memory of Wendy Marx (1967-2003), a champion who promoted organ donor awareness for over 10 years. She lost her life while waiting for a liver transplant. Approved by Board of Directors: 9/13/03 Issued: 1/12/04
ALF Policy Statement on Organ Donation Consent WHEREAS, over 84,195 (updated 3/25/04) patients are on the waiting list for life-saving organs; WHEREAS, 17,337 liver patients (7/31/03) are on the waiting list for life-saving organs and only 5,327 livers were available for transplant patients in 2002; WHEREAS, as documented above, the shortage of organs remains a major impediment to fulfilling the demand for life-saving transplantation ; WHEREAS, there is the need for increased public awareness of organ donation to save thousands of lives; WHEREAS, the demand for livers is projected to increase by more than 300% over the next decade due in part to the emerging impact of hepatitis C; WHEREAS, there is the need for innovative approaches to stimulate public responses (that need to be evaluated) to the need for organ donation; WHEREAS, consent to donation after death is a right and responsibility that should be innate in the public policy messages and education systems within our society: THEREFORE, BE IT RESOLVED BY ALF THAT: Ø Policy makers need to actively explore different models of consent for organ donation, including presumed consent, and determine what model more effectively increases the level of donation consistent with societal values; Ø In making such a determination due regard should be given to the medical, legal, ethical, and psycho-social implications of the different models; Ø Education and outreach requirements of these different models need to be considered, and, physicians seeking consent of family members of individuals who have not made their organ donation decisions become familiar with: · The need for donated organs · The care of grieving families · The proper medical/social screening of potential donors · The decision making process and the tools to influence it; Ø Demonstration projects evaluating the potential impact of different consent models on organ donation need to be supported by the private and/or public sectors; and Ø The American Liver Foundation will identify steps to promote this resolution. Note: The above policy is dedicated to the memory of Wendy Marx (1967-2003), a champion who promoted organ donor awareness for over 10 years. She lost her life while waiting for a liver transplant. Approved by Board of Directors: 9/13/03 Issued: 1/12/04 Permission to update statistics from ALF Director of Marketing, Bob Madison. Attachment: 10H
ALF POLICY STATEMENTS
ALF Policy Statements on Donation Benefits* and Organ Donation Consent were presented to, and approved by, the ALF Board of Directors on September 13, 2003.
# # # *Currently referred to as donor/family “inducements” or “incentives.” |