National Organ Transplant Act 1984

from Wikipedia, the free encyclopedia

The National Organ Transplant Act , engl. National Organ Transplant Act (NOTA) , passed by the United States Congress on October 19, 1984 , and amended in 1988 and 1990 . It was finalized in 2000 on the initiative of then Minister of Health Donna Shalala .

The law created a US-wide uniform organ allocation process. Due to the law, the Organ Procurement and Transplantation Network (OPTN) was founded as a central procurement office, which has been cooperating with the United Network for Organ Sharing (UNOS) and the local organ procurement organizations (OPO) since 1986 . The United States Department of Health and Human Services can provide grants to local organ procurement organizations for planning , setting up, and commissioning .

history

Before the National Organ Transplant Act (NOTG) was introduced, there was no clear case law about what property rights should apply to a human corpse . Instead, America applied a "quasi-right" to a corpse. This meant that the loved ones of a deceased had tenure long enough to decide how the body should be buried or disposed of. However, this does not imply a right of ownership; which means they have no right to transfer, design, own, and rent the human organs and tissues.

Due to an organ shortage but a growing demand for transplants , people began to use other means of buying organs outside of a hospital. The organ market began to develop into a commercial market. H. Barry Jacobs, the head of a Virginia company, announced a new plan in 1983 to buy and sell human organs in the market. That plan put healthy, human kidneys in the price range of up to $ 10,000 plus a commission of $ 2,000 to $ 5,000 for Jacobs. That brought the subject to light. NOTG responded to this suggestion that it was criminal to transfer human organs for the purpose of a human transplant.

When the National Organ Transplant Act was passed, there was an 80% survival rate for kidney transplants . A new drug, cyclosporine , that had been introduced also increased the survival rate of liver transplant patients from 35% to 70% in the first year after a liver transplant . This made it clear that the legislature was aware of a growing need and also a growing shortage of organs when the NOTG was passed.

The National Organ Transplant Act made it illegal to compensate organ donors , but did not prevent payment for other forms of donation (such as human plasma, sperm, and egg cells ). Although bone marrow is not an organ or part of an organ, this act prohibited payment from bone marrow donors. When the law was passed, bone marrow donation was associated with a painful and risky medical procedure. In the years after the law was passed, a new process ( apheresis ) made it possible to obtain bone marrow cells using a non-surgical procedure similar to donating blood . In 2009 , a public interest law firm (the Institute for Justice) sued to seek compensation for donors for giving up bone marrow. The company argued that the development of apheresis meant that donors who gave up bone marrow by donating blood should receive compensation. The organization predicted that compensation would increase the number of available donors, claiming that every year 3,000 Americans die while waiting for compatible bone marrow donors. Critics argued that compensation could reduce donations, increase the risk of illness and lead to the exploitation of the poor. In December 2011 , the United States' Ninth Court of Appeals unanimously ruled that donors who donate bone marrow via apheresis were eligible for compensation. In November 2013 , the federal government proposed an ordinance that changes the legal definitions of bone marrow, regardless of how it is obtained. This would mean that the prohibition of compensation would be maintained from donors. In July 2014 , the proposal was still being examined.

Sections of the National Organ Transplant Act

Title I - Working Group Organ Procurement and Transplantation

Title I states that the Minister of Health will set up a working group on organ procurement and transplantation. This should regulate how donations are handled and who receives transplants. Likewise, the process someone has to go through in relation to organ donation for a transplant along with other responsibilities. This working group consists of 25 members.

The tasks of the working group include:

  • Dealing with all medical , legal, ethical , economic and social issues that may arise from the extraction and transplantation of deceased human organs.
  • Assessing immunosuppressive drugs used to prevent organ rejection in transplant patients, including safety , effectiveness, costs , reimbursements, and ensuring that those who need these drugs can receive them.
  • Prepare a report that includes assessments of public and private efforts to obtain deceased human organs, problems with obtaining those organs, recommendations for the education and training of health professionals, and the education of the general public .
  • To evaluate the effectiveness and establishment of a national registry of deceased human organ donors.

For a complete list, see Section 101 (3) in Public Law 98-507.

Title II - Organ procurement activities

With Title II the Organ Procurement Organizations (OPO) for organ transplants were founded. These organizations aim to increase the number of registered deceased organ donors and, when these are available, to coordinate the donation process from donor to patient.

NOTG also founded the Organ Procurement and Transplantation Network (OPTN), a membership organization for transplant-related individuals and organizations, primarily transplant centers. OPTN is currently managed by the private, nonprofit United Network for Organ Sharing (UNOS) in Richmond , Virginia . OPTN operates under the supervision of the Health and Services Administration of the Department of Health Care and Human Services of the United States . Robert Walsh is currently a project manager at the Organ Procurement and Transplantation Network.

Their tasks include:

  • Facilitating the matching and placement process of the deceased organ through the use of the computer system and a fully staffed organ center that operates 24 hours a day.
  • Develop consensus-based policies and procedures for the collection, distribution and transportation of deceased organs.
  • Collection and management of scientific data on organ donation and transplantation.
  • To provide data to the government , the public , students , researchers, and the scientific transplant recipient registry for use in the ongoing search for improvements in stable organ allocation and transplantation.
  • Develop and maintain a secure, web-based computer system that maintains the deceased organ transplant waiting list and the characteristics of the country's recipient / donor organs; and,
  • Provide professional and public education about donation and transplantation, the activities of the OPTN and the urgent need for donations.

The law also introduced a federal scientific register of all recipients of organ transplants. This registry contains patient information and transplant procedures.

Title III - Prohibition of the purchase of organs

The National Organ Transplant Act explicitly stated that "it is unlawful for a person to knowingly acquire, receive, or otherwise hand over a human organ in exchange for valuable consideration used in human transplants if the handover interferes with international trade." violating this law will result in a fine of $ 50,000 or up to five years in prison, or both.

Title IV - Miscellaneous

The National Organ Transplantation Act has set up a “national register for voluntary bone marrow donors”. The donors on this list have given informed consent and their names are kept confidential. This register is kept by the Secretary of the Ministry of Health .

Changes

The 1988 amendment to the National Organ Transplantation Act introduced the Organ Procurement Organizations and the Organ Procurement and Transplantation Network, which are detailed in Title II of the National Organ Transplantation Act. The change in 1990 introduced the federal register.

ethics

Some believe that if organ transplantation was a commercial process, the disenfranchised and poor would be incentivized to manipulate them into willingness to donate more. The question of the purchase price of a body part is similar to slavery and treats a class of people as subhuman. These critics consider this dehumanization to be unbearable. Also, buying and selling organs for transplant as a business arrangement would misrepresent an individual's medical information if the donor were in poor financial shape. [18]

See also

Web links

Individual evidence

  1. ↑ Lara Duda, National Organ Allocation Policy: The Final Rule ( Memento of the original from January 28, 2012 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , American Medical Association Journal of Ethics, Volume 7, Number 9, September 2005, accessed March 31, 2018 @1@ 2Template: Webachiv / IABot / virtualmentor.ama-assn.org
  2. ↑ Gwen Mayes, Buying and Selling Organs for Transplantation in the United States , Medscape Education 4, No. 2, 2003, pp. 1–4, accessed on March 31, 2018
  3. ↑ Gwen Mayes, Buying and Selling Organs for Transplantation in the United States , Medscape Education 4, No. 2, 2003, p. 4, accessed March 31, 2018
  4. ↑ Gwen Mayes, Buying and Selling Organs for Transplantation in the United States , Medscape Education 4, No. 2, 2003, p. 1, accessed March 31, 2018
  5. ^ National Organ Transplantation Act of 1984, Public Law 98–507 , 98 Stat. 2339–2348, October 19, 1984, accessed March 31, 2018
  6. ↑ The National Organ Transplant Act , US Legal Healthcare, US Legal, 2010, accessed March 31, 2018
  7. ↑ a b c d e Carol J. Williams, Pay ban on donor organs doesn't include bone marrow, court says , Los Angeles Times, December 2, 2011, accessed March 31, 2018
  8. ^ A b Rita Rubin, Lawsuit urges payment for bone marrow donors , USA Today, February 24, 2010, accessed March 31, 2018
  9. ↑ Collin Levy, Litigating for Liberty , The Wall Street Journal, January 7, 2012, accessed March 31, 2018
  10. ↑ The Associated Press, Gov't To Keep Ban On Paying Bone Marrow Donors , NPR News, Nov. 27, 2013, accessed March 31, 2018
  11. ↑ Vicki Glembocki, The Case of the Bone Marrow Buyer , The Reader's Digest, July 1, 2014, accessed March 31, 2018
  12. ^ National Organ Transplant Act of 1984 , Sec. 101, accessed March 31, 2018
  13. ^ Organ Procurement Organizations , US Department of Human Health and Services, accessed March 31, 2018
  14. ^ Organ Procurement and Transplantation Network , US Department of Health & Human Services, accessed March 31, 2018
  15. ^ National Organ Transplantation Act of 1984 , Sec. 373, accessed March 31, 2018
  16. ^ National Organ Transplantation Act of 1984 , Sec. 301, accessed March 31, 2018
  17. ^ National Organ Transplantation Act of 1984 , Sec. 401, accessed March 31, 2018
  18. ^ A b Williams Mullen, Intended Recipient Exchanged, Paired Exchanges and NOTA, Section 30 1, A Professional Corporation, March 7, 2003, accessed March 31, 2018