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Organ Donation (Presumed Consent) Bill


 

Organ Donation (Presumed Consent) Bill

 

 
 

Contents

1   

Presumption of consent for donation of organs

2   

Register of objection to transplantation of organs

3   

Death of person donating organs

4   

Interpretation

5   

Expenses

6   

Short title, commencement and extent

 

Bill 21                                                                                                 

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Organ Donation (Presumed Consent) Bill

1

 

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. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1       

Presumption of consent for donation of organs

(1)   

Where a person has not during his lifetime registered an objection to his body,

or any specified part of his body, being donated for transplantation after his

death it shall be presumed that he consented to such a donation—

(a)   

except where the designated person is satisfied, on the basis of

5

information  provided by a person’s spouse or partner (or, where there

is no spouse or  partner, by a parent or child of the deceased), that the

person had expressed an  objection to donation that had not been

registered; or

(b)   

to proceed with the donation would cause distress to the person‘s

10

spouse or  partner (or, where there is no spouse or partner, to a parent

or child of the deceased).

(2)   

In the case of a person aged under 18 years there shall be no presumption of

consent, and donation may proceed only if the designated person is satisfied

that such donation is in accordance with the wishes of that person or with the

15

consent of that person’s parents or other primary carer.

2       

Register of objection to transplantation of organs

(1)   

There shall be a register of those persons who object to their organs being used

for transplantation.

(2)   

Where it is intended to remove any organ of a deceased person for the

20

purposes of transplantation, the register established under subsection (1) must

be consulted to determine whether the person had registered an objection.

 

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Organ Donation (Presumed Consent) Bill

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(3)   

Where a person is found to have registered an objection under subsection (2)

no removal of organs may be permitted.

(4)   

Regulations shall make provision relating to the register established under

subsection (1) and in particular in connection with—

(a)   

the manner in which a person is able to register an objection;

5

(b)   

the manner in which the register must be consulted before the removal

of  organs for transplantation.

(5)   

Regulations under subsection (4) shall be made by statutory instrument.

(6)   

A statutory instrument containing regulations under subsection (5) may not be

made unless a draft of it has been laid before and approved by resolution of the

10

House of Commons.

3       

Death of person donating organs

No organs may be removed from a person whose organs are intended to be

used for transplantation unless two registered medical practitioners have

satisfied themselves that the person is dead.

15

4       

Interpretation

In this Act—

“designated person” means the person with control and management of

the  hospital of institution concerned;

“death” means the irreversible loss of the capacity for consciousness,  

20

combined with irreversible loss of the capacity to breathe, determined

by permanent cessation of heartbeat or, where the heartbeat is

maintained artificially, by brain stem tests carried out in accordance

with the criteria set out by the Conference of Royal Colleges (and

“dead” shall be construed accordingly).

25

5       

Expenses

There shall be paid out of money provided by Parliament any expenditure of the

Secretary of State in consequence of this Act.

6       

Short title, commencement and extent

(1)   

This Act may be cited as the Organ Donation (Presumed Consent) Act 2009.

30

(2)   

This Act shall come into force three years after the date on which it receives

Royal Assent.

(3)   

This Act extends to England and Wales only.

 
 


 
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