By Sarah Green
KHI News Service
TOPEKA, Jan.
8
A proposed new version of the state”s anatomical gift act law could give donors more say in how their organs are used and likely increase the number of transplants.
The National Conference of Commissioners on Uniform State Laws has developed a new Uniform Anatomical Gift Act that would make a donor card or properly marked driver”s license more legally binding than they are now and create organ registries so that procurement organizations would have better knowledge of which Kansans are willing to donate. Kansas lawmakers are considering a proposal that would make state law conform to the uniform act
Donors often indicate their desires by carrying a donor card or a marked driver”s license. But it”s uncommon for the procurement groups to have access to donor cards or a driver”s license when someone dies, said Rob Linderer, chief executive officer of the
Midwest Transplant Network.
That leaves the group reliant upon discussions with family members, who may not be aware of their deceased relative”s wishes or may not care to honor them.
Before organs can be donated, medical and social histories
similar to those required for donating blood
must be completed to protect the organ”s recipient. The new law would provide better information by mandating organ registries and allow organ procurement organizations a better way to approach families, Linderer said.
“I think the way the new (law) is worded strengthens the autonomy of the individual,” he said. “If a signed donor card that can be legally executed is available, in the future we”d like to approach families as a way to honor the donor”s wishes and not ask the families to make a decision.”
The new act offered by the National Conference of Commissioners would also include:
*
Expanding the list of those who could decide about organ donation to the deceased person”s grandchildren, health-care provider or others who “exhibit special care”;
*
If family members disagree, the new law would allow the majority to decide;
*
Allowing donors to specifically donate organs or tissue to a family or friend.
Kansas last updated its Uniform Anatomical Gift Act in 1987. The proposed update of the law has been discussed in the legislative interim meetings of the Special Committee on Judiciary, which recommended that the anatomical gift act be passed favorably, said Sen. Terry Bruce, R-Hutchinson,
Bruce, the vice-chair of the Senate judiciary committee, said he was confident that the issue would come up during the session.
“My hope would be that we make the ability for someone to give their organs very liberal,” he said. “We should always presume that it”s appropriate to make that gift unless there”s some sort of very important reason not to.”
Sarah Green is a staff writer for KHI News Service, which specializes in coverage of health issues facing Kansans. She can be reached at
sgreen@khi.org
or at 785-233-5443, ext. 1188