Law ensures next-of-kin can''t reverse organ donor''s decision
An individual''s decision to become an organ or tissue donor is now binding under a new law signed by Illinois Gov. Rod Blagojevich.
The Illinois first-person consent law, which goes into effect Jan. 1 2006, ensures family members can''t reverse an organ donor''s decision.
William Chapman, MD, Barnes-Jewish Hospital transplantation chief, has watched the measure closely. Dr. Chapman works with Mid-America Transplant Services, which coordinates organ and tissue donations in the St. Louis area, as well as southern Illinois and a portion of Arkansas, to find organ donor matches for patients.
"This law says that, if a person makes the active decision to become an organ donor, that decision becomes binding and others should honor those wishes," Dr. Chapman says. "In other words, it really ''means something'' to sign your driver''s license — and a relative cannot decide after death that perhaps this isn''t what you meant. Hopefully this will mean fewer usable organs being discarded at a time when more and more people are in need of life-saving transplants."
Last year, according to Gift of Hope Organ and Tissue Donor Network, 30 Illinois families overruled a relative's wishes to donate.
"There are probably many reasons why this has occurred in the past, but most likely it''s because one of the relatives wondered if the organ donor ''really meant to be a donor'' when they signed their license," Dr. Chapman says. "The most common reason for not wanting a relative or loved one to be a donor is the concern that ''they''ve already suffered enough.''
"Of course, the donor is treated like any standard surgery patient and, in addition, organ donation surgery is only done in people who are already dead," Dr. Chapman says. "So, from this standpoint, the issue about ''suffering'' isn''t a real one."
Through the first-person consent law, an individual who enrolls in the Illinois Organ/Tissue Donor Registry has documented his or her legal decision to be an organ or tissue donor after death.
Illinois Secretary of State Jesse White, who initiated the first-person consent organ and tissue donor registry and urged Illinois lawmakers to pass the measure, will create a new donor registry by Jan. 1.
To become an organ and tissue donor, Illinois residents will be able to join the new registry at any Secretary of State driver''s license facility or by enrolling online, by telephone or by mail.
"It''s definitely important for everyone in Illinois to give careful consideration to signing their driver''s license," Dr. Chapman says. "This is also important in Missouri, even though we don''t have enacted legislation at this time. In addition, everyone should let their families and loved ones know that they''ve signed up, so there are no doubts about intentions and desires."
It''s estimated that nearly 100 lives can be saved each year through the new first-person consent law.
"I think it''s helpful to think about what it would be like, if you or one of your loved ones were sitting on a waiting list waiting for an organ, and how frustrating it is to have perfectly usable organs discarded to the grave when there are people who could be saved," Dr. Chapman says. "It happens, but it shouldn''t."
From BJC TODAY, September 26, 2005 by Brian Bretsch.