Thursday, April 29, 2010

Mandatory Organ Donation System Proposed in New York

Recently, a New York State Assemblyman named Richard Brodsky introduced a bill that would be the first of its kind in the U.S. This bill proposes that every single person who dies in New York will become an organ donor.

Although I truly believe in States’ Rights, I’m not too sure that this bill is one that should be allowed. I mean, anyone in New York State who dies will become a potential organ donor unless that person opts out before death. This will over-ride any family wishes.

What if I’m traveling to New York City and get hit by a cab. Do I now fall under the statute and some Yankee doctor cuts me open and harvests my cornea or kidney? What if my religion forbids organ removal (isn’t that part of Islam? I’m not sure) and the state takes them anyway?

I understand Assemblyman Brodsky’s reasoning to force others to participate. His daughter needed a kidney at age 4 and again at age 14. Of course, he wants more potential donors in case his little girl needs yet another kidney.

Brodsky mentioned that 24 other nations have this law but only identified Israel as having it. Looking further into this, I discovered the reasons why these laws were passed and what options are available to implement. It’s all about a shortage of kidneys. And there are three general ways to control organ donations.

For example, most states (and nations) today use a voluntary opt-in program in which the potential donor must explicitly state that he/she wishes their organs to be harvested.

The second type of system is the Presumed Consent or the Opting-Out system. Here, organs will be harvested unless the donor previously indicated they wished to be a non-participant. Some states and many European countries use this system. But family wishes are usually followed.

Finally, there is a strong version of Presumed Consent or Pure Presumed Consent where there is no allowance for the donor’s family to interfere with the donation process. Additionally, you must register at a courthouse to establish that you do not wish to be an organ donor.  No states and few nations (Austria) use this.

Since he mentioned Israel, I looked at their system. In Israel, you can choose to become a donor or not but you must choose. If you elect to not become a donor and then require an organ, you will receive a lower priority. In other words, be a donor and you move up on the waiting list. Don’t be a donor and move down on the waiting list.

Not exactly what the New York proposal says, is it? But maybe that’s what he really wants.

Bottom line: As much as I don’t like any government telling me what I MUST do, I guess this is something that individual states have the right to decide.

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