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Rules for an Organ Donation in the USA

Organ donations are governed by federal rules. The rules are supposed to protect the rights of the donors, living and dead, as well as the recipients. The following rules cover ethical and distribution issues in the removal and distribution of different kinds of organs.

  1. Reporting

    • Federal law, according to the U.S. Department of Health and Human Services, regulates the distribution of healthy organs. All hospitals that accept Medicare and Medicaid patients must report all deaths to any groups involved in organ donations, which are called organ procurement organizations. The death-reporting rule makes it easier for organizations, such as hospitals, to count potential donors. The goal of the rule is to increase communication among groups and increase the number of potential dead donors from the current 6,000 a year, according to Department of Health and Human Services. The rule also supports specially trained staff members in discussing organ donations with the families of the deceased.

    Emergency Room Kidney Removal

    • Doctors can remove the kidneys of patients who died in the emergency room if the doctor has not found the deceased person's family members. Some hospitals feel vulnerable to possible bad publicity about this kind of organ retrieval, according to "The State Journal Register." Unfortunately, kidney donations are only possible when the kidney comes from a dead person within a limited time period. The emergency room laws help kidney recipients by increasing the number of kidneys that can be removed quickly from dead people. "The State Journal Register" states that 300 more kidneys in Illinois could be used because of the law, but the increase in other states varies.

    No Monetary Payments for Donors

    • It's illegal for donors to receive money for donating their organs, according to "American Medical News." The law was designed to prevent donors from feeling pressured to undergo the surgery if they are experiencing money problems. Removing this part of the law could increase the number of donors; study findings have indicated that financial exploitation of or bad decision--making in the poor is unlikely, according to "American Medical News." The American Medical Association is interested in financial payment programs to increase donations.

    Donor Cards

    • Under the Uniform Anatomical Gift Act, all states issue cards to donors who sign it in front of two witnesses as proof that they are willing donors, states educational site Enotes.com. If the person goes to the hospital and dies with the card in their possession, the doctor can remove their organs. The card is treated the same as any other legal document stating the deceased person's wishes about their organs.

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