Overview

This bill aims to clarify and regulate the process of kidney donation from deceased individuals in England and Wales. It sets out the conditions under which a kidney can be lawfully removed for transplantation, addresses the rights of potential donors and their families to refuse donation, and ensures the confidentiality of donor and recipient identities.

Description

Definitions

The bill defines key terms: "donor" (a deceased person from whom a kidney is removed), "potential donor" (a person whose kidney could be used), and "recipient" (a person with renal failure on the transplant register).

Conditions for Transplant

The bill outlines the conditions for lawful kidney removal: the donor must be certified dead; the transplant team must make reasonable inquiries about advance decisions to refuse donation; no known advance decision or objection from next of kin exists; the kidney is suitable; the recipient is on the transplant waiting list and ordinarily resident in England, Wales, Scotland, or Northern Ireland; and the kidney is registered on the Central Transplant Register.

Right to Refuse Donation

The bill grants the right to refuse donation to parents/legal guardians of potential donors under 18 and those with lasting power of attorney for personal welfare. The Court of Protection will assist in accessing relevant Lasting Power of Attorney information.

Independence of Professionals

The bill mandates the independence of the professional certifying death from the transplant team.

Coroner's Involvement

If the person certifying death believes the kidneys may be needed for a coroner's inquest, consent from the coroner must be obtained before kidney removal.

Confidentiality

The bill protects the confidentiality of donor and recipient identities, with exceptions only for public health risks.

Prohibition of Other Uses

Kidney removal is solely for transplantation, excluding research purposes not already permitted under the Human Tissue Act 2004, and prohibiting human-animal transplantation.

Consequential Amendment

The bill amends the Human Tissue Act 2004 to include kidney removal for transplantation as a purpose not requiring consent from deceased persons.

Government Spending

The bill doesn't directly specify government spending figures. The impact on government spending is likely indirect and related to the costs associated with administering the new regulations and the potential reduction in healthcare costs from successful transplants.

Groups Affected

• Deceased Individuals: Their kidneys may be used for transplantation under specified conditions.
• Families of Deceased Individuals: They have the right to refuse donation on behalf of deceased individuals under certain circumstances.
• Individuals with Renal Failure: They may benefit from increased access to kidney transplants.
• Healthcare Professionals: They are bound by the regulations concerning kidney removal and transplantation.
• Coroners: Their involvement is required under specific circumstances.

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