Overview

This bill aims to clarify and streamline the process of kidney donation from deceased donors in England and Wales, ensuring ethical and legal compliance while increasing the availability of organs for transplantation.

Description

The Kidney Transplant Bill outlines the conditions under which a kidney can be lawfully removed from a deceased donor for transplantation. Key aspects include:

Conditions for Transplant:

• The donor must be certified dead.
• The authorized clinical transplant team must make reasonable inquiries to check for any advance refusal of donation.
• No known advance decision or objection from next of kin exists.
• The kidney is suitable for transplant.
• The recipient is on the transplant waiting list and ordinarily resident in England, Wales, Scotland, or Northern Ireland.
• All kidneys removed must be registered on the Central Transplant Register.

Refusal of Donation:

• Parents/legal guardians can refuse donation for donors under 18.
• Individuals with lasting power of attorney can refuse on behalf of the donor.
• The Court of Protection will provide access to Lasting Power of Attorney information to the transplant team.

Professional Independence & Coroner's Role:

• The professional certifying death must be independent from the transplant team.
• If the death certifier suspects the coroner might need the kidneys, consent must be obtained.

Confidentiality & Other Uses:

• Donor and recipient identities are protected, except in cases of public health risk.
• Kidney removal is only permitted for transplantation, not research (unless as per the Human Tissue Act 2004).
• Xeontransplantation between humans and animals is prohibited.

The bill also makes a consequential amendment to the Human Tissue Act 2004 to include the removal of kidneys for transplantation as a purpose not requiring consent from deceased persons.

Government Spending

The bill doesn't directly specify any government spending figures. The impact on government spending is likely indirect, potentially relating to administrative costs associated with the implementation and oversight of the new legislation and associated increases in transplantation numbers.

Groups Affected

• Deceased Donors and their families: The bill impacts their rights regarding organ donation and confidentiality.
• Potential Organ Recipients: The bill could increase the number of available kidneys for transplantation, potentially improving their access to life-saving treatment.
• Healthcare Professionals: The bill sets out new legal frameworks and responsibilities for clinicians involved in organ donation and transplantation.
• Coroners: The bill involves the coroner in certain situations to ensure proper investigation of death if needed.

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