Organ Donation (Presumed Consent) Bill
Official Summary
A Bill to provide for an organ donation scheme based upon presumed consent; to make provision in relation to safeguards for such a scheme; and for connected purposes.
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Overview
This bill proposes a system of presumed consent for organ donation in England and Wales. Unless individuals explicitly register their objection, they will be considered consenting donors after death. Safeguards are included to protect the wishes of individuals and their families.
Description
Presumption of Consent
The bill establishes a presumption that individuals consent to organ donation after death unless they have registered an objection. Exceptions exist if a family member provides evidence of the deceased's objection or if donation would cause significant distress to the family.
Register of Objection
A national register will be created for individuals to record their objection to organ donation. This register must be consulted before any organ removal.
Safeguards
Organ removal is only permitted after two registered medical practitioners confirm the death of the individual. For those under 18, consent from parents or guardians is required.
Definition of Death
The bill defines death as the irreversible loss of consciousness and breathing, confirmed either by permanent cessation of heartbeat or, if the heartbeat is artificially maintained, by brain stem tests meeting specific criteria.
Implementation
The bill will come into force three years after receiving Royal Assent and applies only to England and Wales.
Government Spending
The bill states that any expenditure incurred by the Secretary of State as a consequence of the Act will be met from money provided by Parliament. No specific figures are provided.
Groups Affected
Groups affected include:
- Potential organ donors: Their organs may be used unless they register an objection.
- Families of deceased individuals: Their views will be considered in cases of potential conflict with presumed consent.
- Medical professionals: They will be responsible for implementing the new system and adhering to its safeguards.
- Organ transplant recipients: The bill may increase the availability of organs for transplantation.
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