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Wales organ donation opt-out: Q&A Wales organ donation opt-out: Q&A
(3 months later)
The Welsh assembly has passed legislation that will see the system of organ donation in Wales move to one of presumed consent. What does this mean? Here is an overview of the situation.The Welsh assembly has passed legislation that will see the system of organ donation in Wales move to one of presumed consent. What does this mean? Here is an overview of the situation.
What is the current system?What is the current system?
People wanting to donate their organs after their death must sign the NHS organ donor register, or their families must agree to their organs being donated.People wanting to donate their organs after their death must sign the NHS organ donor register, or their families must agree to their organs being donated.
So what is being proposed in Wales?So what is being proposed in Wales?
Ministers want to change the system to one in which people opt out rather than opt in. They say it will drive up transplant rates. Currently, 266 people are awaiting transplants in Wales. The change will create two forms of consent in law – the "deemed consent" of those people who have not registered to opt out of donating an organ, and the "express consent" of those who have registered to say they wish to be a donor.Ministers want to change the system to one in which people opt out rather than opt in. They say it will drive up transplant rates. Currently, 266 people are awaiting transplants in Wales. The change will create two forms of consent in law – the "deemed consent" of those people who have not registered to opt out of donating an organ, and the "express consent" of those who have registered to say they wish to be a donor.
How will they know who wants what?
How will they know who wants what?
A single register will be created and record whether or not someone wants to be an organ donor. Donors will also have the option to donate certain organs but not others.A single register will be created and record whether or not someone wants to be an organ donor. Donors will also have the option to donate certain organs but not others.
To whom will the new law apply?
To whom will the new law apply?
Everyone over 18 who has lived in Wales for the past 12 months.Everyone over 18 who has lived in Wales for the past 12 months.
Is there anyone to whom this does not apply?
Is there anyone to whom this does not apply?
Yes, students not from Wales will not be affected by the law, and nor will Welsh people who die in another part of the UK. Also exempt are individuals lacking the mental capacity to make a decision on the matter.Yes, students not from Wales will not be affected by the law, and nor will Welsh people who die in another part of the UK. Also exempt are individuals lacking the mental capacity to make a decision on the matter.
How many people could stand to benefit?
How many people could stand to benefit?
Ministers hope to drive up transplant rates by a quarter. Based on current figures, this would see around 15 additional donors and 45 extra organs donated every year.Ministers hope to drive up transplant rates by a quarter. Based on current figures, this would see around 15 additional donors and 45 extra organs donated every year.
What organs would be available?What organs would be available?
The same ones as with the current system. These include the kidneys, heart, liver, lungs, pancreas and small bowel.The same ones as with the current system. These include the kidneys, heart, liver, lungs, pancreas and small bowel.
Where will any organs end up?Where will any organs end up?
Organs donated under the system will not necessarily stay in Wales. Just as now, they can go anywhere in the UK.Organs donated under the system will not necessarily stay in Wales. Just as now, they can go anywhere in the UK.
What about families' wishes?What about families' wishes?
The Welsh health minister Mark Drakeford has promised to give families a "clear right of objection". And he has also said any organs will not be taken unless a family member is present.The Welsh health minister Mark Drakeford has promised to give families a "clear right of objection". And he has also said any organs will not be taken unless a family member is present.
But what if a family does not know what their loved one wanted?But what if a family does not know what their loved one wanted?
In this case, the default position is the deceased was in favour of donation and, as a matter of law, the deceased's consent is deemed. Relatives will be told that the deceased had not opted out, and had made no further wishes known.In this case, the default position is the deceased was in favour of donation and, as a matter of law, the deceased's consent is deemed. Relatives will be told that the deceased had not opted out, and had made no further wishes known.
So, in that situation an organ will definitely be donated?
So, in that situation an organ will definitely be donated?
In theory, no. Although the family has no legal veto, the last decision will ultimately rest on clinicians – who have a duty not to add distress to families of someone who has died. Even if it passes that stage, clinicians have a range of other factors to take into account.In theory, no. Although the family has no legal veto, the last decision will ultimately rest on clinicians – who have a duty not to add distress to families of someone who has died. Even if it passes that stage, clinicians have a range of other factors to take into account.
Such as?Such as?
As well as establishing a match with any potential recipient, doctors also have to assess the deceased's medical history as well as the condition of the organs being considered.As well as establishing a match with any potential recipient, doctors also have to assess the deceased's medical history as well as the condition of the organs being considered.
Who is in favour?Who is in favour?
Aside from ministers, several charities including Kidney Wales Foundation have lauded the scheme. Also recipients of donated organs have spoken about the tense wait they endured while waiting for a donor.Aside from ministers, several charities including Kidney Wales Foundation have lauded the scheme. Also recipients of donated organs have spoken about the tense wait they endured while waiting for a donor.
And who is against?And who is against?
Opposition has come from Christian churches as well as within Muslim and Jewish communities. Critics claim it will cause extra distress for bereaved families, and could put medical staff in a difficult position.Opposition has come from Christian churches as well as within Muslim and Jewish communities. Critics claim it will cause extra distress for bereaved families, and could put medical staff in a difficult position.
Opponents want families to be able to stop a donation if their relative did not express an opinion either way.Opponents want families to be able to stop a donation if their relative did not express an opinion either way.
When is the new system due to start?When is the new system due to start?
Once given royal assent, the law will come into effect from 2015. Ministers need to launch a two-year publicity campaign to alert people to the changes – costing around £8m.Once given royal assent, the law will come into effect from 2015. Ministers need to launch a two-year publicity campaign to alert people to the changes – costing around £8m.
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