Organ Donation
| Author | Jeffrey Wilson |
| Pages | 905-909 |
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There is a great need for human organs for transplantation. In fact, the need far exceeds the supply of transplantable organs. This disparity has promulgated legislation and important case law. These laws attempt to regulate the scare resource (transplantable human organs) and to help establish an equitable national system to allocate the organs where they can do the most good.
There are Extensive federal and state laws regulating organ and tissue donation and transplantation. These many laws and regulations were promulgated to address a variety of issues, including the complicated medical, legal, and moral issues involved in organ donation and transplantation. One of the main issues deals with the enormous demand for human organs in a context where there is an inadequate supply of usable organs. These laws are generally viewed by lawmakers, members of the medical professions, and by the populace as a way to ensure the most equitable distribution of organs. However, the many laws and regulations in this area can complicate the process of obtaining organs. Consequently, people who have questions about organ donation or transplantation, should seek advice of an attorney knowledgeable about this area of law.
There are several reasons for the shortage of organs. Perhaps the most common reason is that people are hesitant to donate organs. There are other reasons as well: for example, physicians may neglect to inquire of family members whether they would consent to donating organs when their loved one dies. In other cases, the deceased's wishes to donate his or her organs may not be known by those in the position to act on those wishes. Finally, family members may object to the harvesting of organs from their deceased loved one, regardless of the deceased's intent or wishes to the contrary.
Many federal and state statutes closely regulate organ donation. To understand the laws governing organ donation, one needs to understand the trajectory of some of the most important legislation. While there are many laws pertaining to organ donations, perhaps the most important legislation consists of the following:
Various early federal legislation
The Uniform Anatomical Gift Act of 1987
The National Organ Transplant Act
The Patient Self Determination Act of 1991
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State Anatomical Gift Acts
Prior to 1968 there were no federal laws dealing with organ and tissue donation. Before the Uniform Anatomical Gift Act of 1968 (AGA), organ and tissue donations were handled at the state level only. Unfortunately, the state laws then on the books differed considerably from state to state. The AGA was intended to address these problems by providing a framework of uniform laws in the United States relating to organ and tissue transplantation. It also attempted to increase the number of available organs by making it easier for individuals to make anatomical gifts.
In 1972, The Uniform Anatomical Gift Act mandated that the Uniform Organ Donor Card be recognized as a legal document in all 50 states. This empowered anyone eighteen years or older to legally donate his or her organs upon death.
In 1984, the National Organ Transplant Act (NOTA) created a national computer registry of donated organs. It was to be operated by the United Network for Organ Sharing (UNOS). NOTA also authorized financial support for organ procurement organizations and outlawed the purchase or sale of human organs.
This Act overhauled the 1968 Uniform Anatomical Gift Act (UAGA). Even though the 1968 UAGA successfully constructed a consistent pattern for states to follow in revising their own anatomical gift legislation, it failed to increase the number of donated transplantable organs. The 1968 UAGA did not address the issue of commercial sale of organs. Between 1968 and 1987, there were significant advances in transplant science and the practice of organ transplantation. The 1968 UAGA could not have provided...
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