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Organ donation is one of the only ways some sick individuals hope to become healthy again. However, when it comes to organ donation services there are a lot of laws, both federally and statewide, that apply. There are many reasons laws apply to the donation of tissues and organs and one of them is to ensure that organs are distributed in an equitable fashion. Of course, these laws can often play a role in making it difficult for an individual to receive the organ or tissue they need, but the laws are in place to protect everyone involved. This is an organ donation fact and federal and state laws work to help those who need transplants receive them as well as to protect the donors.
The Federal law known as the Uniform Anatomical Gift Act of 1968 was the first act to control the donation of tissues and organs. Prior to this there was no Federal regulation in place and state regulations were incomplete. As a result, the AGA was created so that the regulations would be uniform across the country and encourage the giving of tissues and organs. All 50 states have adopted the AGA in some form or another.
The National Organ Transplant Act also exists and was implemented in 1984 to create a comprehensive policy covering organ and tissue transplantation. The Act was passed quickly by Congress as a result of the many medical advances made in organ transplants.
In 1986 the Omnibus Budget Reconciliation Act was passed that enforced a “required request” policy at all hospitals participating in Medicaid or Medicare programs. This meant that hospitals were required to follow the UNOS rules as they related to procuring organs.
Another Act is the Right to Refuse Medical Treatment: The Patient Self Determination Act of 1991. This Act encourages living wills and health care POAs. The right to die was the reasoning behind this act and it amended the statutes of Federal Medicaid and Medicare.
The State Anatomical Gift Acts, which are statewide and not federal, exist in all 50 states in one form or another. This Act allows that donors may carry a wallet sized donor card that is signed by two witnesses and the donor that acts as a legal instrument to allow organ removal after death.
Required request laws also exist in most states. This relates to the hospital requesting consent from the next of kin of the deceased for transplantation of the organs of the deceased.
Organ donation statistics have greatly increased over the years however there are still many individuals who choose not to donate their organs. Hopefully more education and laws protecting donors will help the numbers go up.