'Presumed Consent' for Organ Donation

Westchester County assemblyman, Richard Brodsky (D-Greenburgh), whose daughter is a two-time kidney transplant recipient wants to flip New York's organ-donation system on its head by presuming people are donors unless they indicate otherwise. The reason: he feels "New York is a completely failed system".

Statistics show:
-The majority of New Yorkers would like to be donors, yet just 13% of residents 18 and older are on the state Donate Life Registry
-More than 9,600 people in the state need organ transplants (New York Organ Donor Network)
-There were just 423 deceased organ donors in New York in 2009

But because both individuals and religious groups have raised legitimate concerns on this subject, he will not be pushing the proposal this session. However, he co-sponsored legislation that would let people consent to giving an anatomical gift through an electronic signature. It has passed both houses and now goes to Gov. David Paterson for his consideration. Right now, 45 states allow electronic signatures for donor registries (New York Organ Donor Network).

Other organ donation reforms he is working on includes requiring the state Department of Motor Vehicles to provide information on organ donations and creating an organ donation tax credit.

In an April Donate Life America report, data showed other states with low donor-registration rates are Texas (an estimated 2 percent), South Carolina (9 percent) and New Hampshire (10 percent), compared to 73 percent in Alaska.

No states have "presumed consent" laws, although there have been attempts in several of them, including Maryland and Pennsylvania. Legislation is under consideration in Illinois. A bill was introduced in the Delaware Legislature two years ago. And a number of European nations, including France, Austria and Spain, have this kind of system in place, and they have seen an increase in organ availability.

It is felt by some that since the majority of New Yorkers and Americans want to donation organs and tissues when they die, the burden should be on the minority to opt out.

The Long Island Coalition for Life Inc. opposes Brodsky's legislation. "This legislation opens up the door to abuse via hastened death of vulnerable people and overriding of family concerns," Jerome Higgins, chairman of the coalition, wrote in a memorandum to lawmakers. "It also goes a step further toward turning human organs into commodities. The sick and disabled need to be protected, not exploited for their body parts."

Mary Ann Baily, a fellow of the Hastings Center, a bioethics research group in Garrison, Putnam County, who once sat on an Institute of Medicine committee that looked at how to boost organ donations, stated that even if all available organs were taken, it wouldn't eliminate waiting lists. Hospitals may not get the maximum number of organs possible if they and organ banks aren't well organized, she said.

Cara Matthews
Gannett Albany Bureau



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