Bill makes everyone an organ donor

Spectator Wire Services

February 16, 2006

Politicians are bracing for debate about a proposed organ donation law that could make Ontario the first province in Canada to allow hospitals to harvest organs from dead or dying patients who haven't registered as donors.

New Democrat MPP Peter Kormos planned this week to introduce a private member's bill which, if passed, would move Ontario from a system of informed consent to one of presumed consent, which makes organ donation automatic unless a patient has registered with the province to opt out.

While private member's bills are rarely passed into law, the Kormos bill is noteworthy for the national debate it will spark, said Health Minister George Smitherman, who supports the legislation for that reason.

Premier Dalton McGuinty is on record as firmly opposing a "presumed consent" system.

Under the current system, Ontarians are required to register their desire to be an organ donor with the Ministry of Health and Long-Term Care. That decision is then coded into the person's health card.

Even so, family of the deceased still retain the right to make a final decision on allowing harvesting of organs for donation whether the deceased has been registered or not.

Countries with presumed consent

Presumed Consent has been instituted in: Austria, Spain, Portugal, Italy, Belgium, Bulgaria, France, Luxembourg, Norway, Denmark, Finland, Sweden, Switzerland, Latvia, Czech Republic, Slovak Republic, Hungary, Slovenia, Poland, Greece, and Singapore.

What is presumed consent?

Instead of registering as an organ donor, under the "presumed consent" concept everyone is considered a potential donor. Under presumed consent, individuals must register to opt out.

While individual legislation differs country to country, generally family members do not have the right to block a decision to harvest organs if the deceased is not on record as opting out.

Degree of family involvement can be written into any legislation including whether harvesting will be allowed and whether the organs maybe used for research.

Web links

Compiled by Casey Korstanje, The Hamilton Spectator

Religious views on organ donation

AMISH will consent to transplantation if they know that it is for the health and welfare of the recipient.

BAPTISTS believe organ and tissue donation is advocated as an act of charity.

In 1988, the Southern Baptist Convention passed a resolution supporting donation as a way to alleviate suffering and to have compassion for the needs of others.

BUDDHISTS believe that organ and tissue donation is a matter of individual conscience.

CATHOLICS view organ donation as an act of charity, fraternal love and self sacrifice. Transplants are ethically and morally acceptable to the Vatican.

THE CHURCH OF CHRIST SCIENTIST takes no specific position on transplants or organ donation as distinct from other medical or surgical procedures. Church members usually rely on spiritual rather than medical means of healing.

HINDUS consider donation an individual decision.

JEHOVAH'S WITNESSES do not encourage organ donation, but believe it is a matter for individual conscience.

JUDAISM teaches that saving a human life takes precedence over maintaining the sanctity of the human body.

LATTER-DAY SAINTS: The decision is a personal one.

MENNONITES: The decision is a personal one.

THE MUSLIM RELIGIOUS COUNCIL supports donation provided that donors consent in writing in advance. The organs and tissues of Muslim donors must be transplanted immediately and not stored in organ banks.

PROTESTANTISM encourages and endorses organ donation.

QUAKERS: do not oppose organ donation and transplantation. The decision is an individual one.

SEVENTH-DAY ADVENTISTS: an acceptable practice for members. Individual decision.

Transplant statistics

Awaiting transplant - 3,800
Transplants performed - 1,900
Deaths before transplant - 147

Success rates

Kidney - 98 per cent
Liver - 90 per cent
Heart - 85 per cent
Health Canada (2001)

Oldest organ donor on record - 90
Oldest corneal donor - 102
Only patients who have suffered brain death may donate organs which must be maintained by a ventilator or breathing machine.
Organ donation does not generally preclude an open casket funeral.
To register in Ontario as an organ donor you must be 16 years of age or older. Forms are available on the web at www.health.gov.on.ca

This article posted March 5, 2006.