The Human Transplantation (Wales) Act 2013 received Royal Assent on 10 September 2013. It introduces a "soft opt-out" system for organ donation in Wales, and is expected to come into force in
The Human Transplantation (Wales) Act 2013 received Royal Assent on 10 September 2013. It introduces a "soft opt-out" system for organ donation in Wales, and is expected to come into force in 2015.
Currently, throughout the UK, a person is assumed not to consent to donating their organs for use by others unless they have indicated their consent, such as by telling their loved ones or by signing the Organ Donor Register. The new Act will introduce a system in Wales where a deceased person will be deemed to have consented unless they meet one of the exemptions in the Act. These exemptions primarily apply to:
Whilst a definite date has not yet been set, the new Act is expected to come in to force on 1 December 2015. This is in order to allow the Welsh Government to undertake a public information campaign over the next two years to explain the changes to the assumption of consent. The Act requires this so that those living in Wales and affected by the changes are well aware what assumptions will be made if they do not register their personal opinion beforehand. This vast public information campaign is required so that transplant clinicians can be sure that the deceased understood the consequences of not expressing a preference on the Register.
The Act will not cover those who have lived in Wales for less than twelve months or are resident elsewhere but die in Wales, as they may not have been informed or be aware of the differing rules of consent in Wales. The system is considered "soft" as relatives or friends are able to prevent donation. Being unable to contact said relatives will, in effect, prevent a donation taking place as the clinicians involved will not be able to determine whether the deceased had expressed a preference.
Under the new system, Welsh residents will be able to register their preferences either by registering that they do not consent to donating organs, or by giving express consent to donation. These preferences will be registered on a single UK register with the rest of the country. In order to accommodate the new system, there are expected to be significant changes to the current Organ Donor Register before 1 December 2015.
The new Act has been introduced in an attempt to reduce the gap between the proportion of people who say they support organ donation (95% according to NHS Blood and Transplant) and the proportion of people who are signatories of the organ donor register (approximately 30%). Given the considerable support for an opt-in system in both Wales (a survey in June 2013 suggested 61% of the Welsh population supported the change) and in the rest of the UK (65% in 2008), the new system may be a test run for changes to the organ donation system in the rest of the UK. Indeed, a Private Member's Bill at Stormont has just proposed a similar system for Northern Ireland.
Currently, throughout the UK, a person is assumed not to consent to donating their organs for use by others unless they have indicated their consent, such as by telling their loved ones or by signing the Organ Donor Register. The new Act will introduce a system in Wales where a deceased person will be deemed to have consented unless they meet one of the exemptions in the Act. These exemptions primarily apply to:
- Those who had indicated that they do not want to be donors;
- Those whose family or close friends object to donation on the basis that the deceased had expressed an opposition to donation to them;
- Those who lacked capacity to consent and had not appointed someone to make the decision for them;
- Those who had not lived in Wales for the past 12 months; and
- Children under 18.
Whilst a definite date has not yet been set, the new Act is expected to come in to force on 1 December 2015. This is in order to allow the Welsh Government to undertake a public information campaign over the next two years to explain the changes to the assumption of consent. The Act requires this so that those living in Wales and affected by the changes are well aware what assumptions will be made if they do not register their personal opinion beforehand. This vast public information campaign is required so that transplant clinicians can be sure that the deceased understood the consequences of not expressing a preference on the Register.
The Act will not cover those who have lived in Wales for less than twelve months or are resident elsewhere but die in Wales, as they may not have been informed or be aware of the differing rules of consent in Wales. The system is considered "soft" as relatives or friends are able to prevent donation. Being unable to contact said relatives will, in effect, prevent a donation taking place as the clinicians involved will not be able to determine whether the deceased had expressed a preference.
Under the new system, Welsh residents will be able to register their preferences either by registering that they do not consent to donating organs, or by giving express consent to donation. These preferences will be registered on a single UK register with the rest of the country. In order to accommodate the new system, there are expected to be significant changes to the current Organ Donor Register before 1 December 2015.
The new Act has been introduced in an attempt to reduce the gap between the proportion of people who say they support organ donation (95% according to NHS Blood and Transplant) and the proportion of people who are signatories of the organ donor register (approximately 30%). Given the considerable support for an opt-in system in both Wales (a survey in June 2013 suggested 61% of the Welsh population supported the change) and in the rest of the UK (65% in 2008), the new system may be a test run for changes to the organ donation system in the rest of the UK. Indeed, a Private Member's Bill at Stormont has just proposed a similar system for Northern Ireland.