Download or read book Paid Organ Donation and the Constitutionality of the National Organ Transplant Act written by John A. Robertson and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A person can buy a handgun for self-defense but cannot pay for an organ donation to save her life because of the National Organ Transplantation Act's (NOTA) total ban on paying “valuable consideration” for an organ donation. This article analyzes whether the need for an organ transplant, and thus the paid organ donations that might make them possible, falls within the constitutional protection of the life and liberty clauses of the 5th and 14th amendments. If so, government would have to show more than a rational basis to uphold NOTA's ban on paid donations. The article begins with an examination of Flynn v. Holder, a 2012 9th Circuit case, that found that NOTA ban paying for bone marrow donations by aspiration was constitutional under rational basis review, even though bone marrow was renewable tissue and donation involved comparable risks to the paid blood, sperm, and egg donations which are excluded from NOTA's ban. It then argues that some form of heightened scrutiny should apply to laws banning paid bone marrow, kidney, and cadaveric donations as well as bans on paid kidney and cadaveric donations. It bases that argument on the resurgence of constitutional interest in self-defense seen in the Second Amendment handgun cases and in a substantive due process right to life and liberty. Together those developments form the basis of a constitutional right of medical self-defense (a negative right to use a safe and established medical treatment when reasonably necessary to protect a person's life), despite the narrow test for recognition of new rights contained in Washington v. Glucksberg and Abigail Alliance v. Eschenbach. Applying heightened scrutiny to four situations involving paid organ donation, the article shows that banning paid donation may be rational based on speculation or conjecture about harm to donors, unsafe organs, crowding out of altruism, exploitation of the poor, or moral distaste at paying for body parts. But those concerns hardly satisfy the heightened scrutiny that interference with a person's right to life should require. A highly regulated private system of paying donors should be found constitutional when government is unwilling to act.
Download or read book National Organ Transplant Act written by United States. Congress. House. Committee on Ways and Means. Subcommittee on Health and published by . This book was released on 1984 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book National Organ Transplant Act written by United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Health and the Environment and published by . This book was released on 1984 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book An Act to Provide for the Establishment of the Task Force on Organ Transplantation and the Organ Procurement and Transplantation Network to Authorize Financial Assistance for Organ Procurement Organizations and for Other Purposes written by United States and published by . This book was released on 1984 with total page 10 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book National Organ Transplantation Act written by United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Health and the Environment and published by . This book was released on 1990 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legislative Responses to Organ Transplantation written by World Health Organization and published by Martinus Nijhoff Publishers. This book was released on 2023-08-28 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: Organ transplantation has, over a period of a few decades, evolved from a daring experimental medical procedure to a widely used health technology. Many lives have been saved, and the quality of life of many other persons has been immeasurably improved. There is now an abundant literature on the medical aspects of transplantation, and an increasing number of books on the legal and ethical aspects -- aspects with which WHO has been concerned since the World Health Assembly first took up the matter in 1986. This book is the first global collection of laws and regulations dealing with organ transplantation. Also included are the texts of some of the key international and European declarations and statements on the subject. Most of the materials that appear in the book were originally published in the WHO's International Digest of Health Legislation, but have never been collected in one volume before. This book will be useful to parliamentarians, health policy makers, surgeons and other health professionals involved in transplantation, transplant coordinators, ethicists, and others interested in in-depth information on how different governments and institutions have responded to the considerable ethical, legal and policy challenges posed by this important branch of curative medicine.
Download or read book National Organ Transplants written by United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Health and the Environment and published by . This book was released on 1987 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Modern Models of Organ Donation written by Jonathan August and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much of today's scholarship on noninformed consent organ donation models has focused on either presumed consent or paid donation systems. Recently, however, individual states and foreign countries have begun to rethink their organ donation procedures in an attempt to increase donation rates. Looking specifically at the informed consent model and the brand-new Israeli incentive program, this note first examines the success rates of these programs as potentially viable alternatives to traditional organ donation models. Next, this note argues that adopting these programs at the federal level will not violate the United States constitution under First Amendment and Fourteenth Amendment challenges, respectively. However, successfully avoiding these constitutional traps will require Congress to carefully craft any new potential legislation. This note also briefly discusses new third-party donor-preference programs as an alternative to avoid the United States' ban on valuable consideration for organ donation under the National Organ Transplant Act.
Download or read book Organ Transplants written by Richard A. Eskin and published by . This book was released on 1986 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book An Evaluation of Financial Incentive Policies for Organ Donations in the United States written by Alison J. Wellington and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper examines the association between financial incentives and organ donations. Although the National Organ Transplant Act of 1984 prohibits financial compensation for organs for transplant, we focus on the impact of laws that influence the relative cost of deceased and live organ donations on the supply of organs for transplant. First, we hypothesize that states that have relatively stringent funeral regulations, which have been associated with higher whole-body donations, will have fewer organ donations. Second, we examine the impact of two common state laws that offer financial compensation to live donors: one that allows a tax deduction for costs incurred and the other which entitles government employees up to 30 days of paid leave. We find no evidence to support that these laws affect organ donations.
Download or read book Living Donor Organ Transplantation written by Austen Garwood-Gowers and published by Dartmouth Publishing Company. This book was released on 1999 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Advances in techniques like transplantation have meant that when a person suffers a failure of one or more essential organs it is often feasible to keep them alive for years. For example, a kidney transplant will, on average, function for about a decade in its recipient. However, of the many countries widely using organ transplantation few can procure sufficient organs to meet demand. One of the consequences of this is that many people who are suitable for an organ transplant die before they can get one. Many patients awaiting a kidney transplant can access and stay alive on dialysis until a suitable organ becomes available but even here a sufficiency of organs would be beneficial because lesser reliance on dialysis would reduce healthcare costs and be better for patient quality of life.Most of the efforts to increase supply have focused on procuring more cadaveric organs. However, with shortfalls being so great, support is growing for increasing living donation (LDT) of kidney and, to a lesser extent, liver segment and even lung lobe. This invaluable book shows that in the light of current practice and attitudes increasing the use of organ LDT is feasible. It is one of the few works to systematically analyse the ethical and legal issues involved in organ LDT use in the light of empirical evidence, including new data derived from a unique programme of interviews and questionnaires with transplant professionals, living donors and recipients. Readers are led to an understanding of when LDT is ethically and legally acceptable and to the strong case for using it much more extensively.
Download or read book Transplant Tourism written by Terry O. Adido and published by BRILL. This book was released on 2018-05-29 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transplant Tourism: An International and National Law Model to Prohibit Travelling Abroad for Illegal Organ Transplants explores the role that international and national laws must play in the prohibition and eradication of transplant tourism and proposes a three-stage legal model for the prohibition of the practices. Through the examination of international law norms, principles and instruments; laws and policies from several legal systems; and legal frameworks and models which currently prohibit a number of national, transnational and international offences, this publication focuses on the creation of a comprehensive soft law instrument on transplant tourism, a treaty on transplant tourism and unified national transplant tourism laws with extraterritorial application in accordance with the principles and spirit of the international law instruments.
Download or read book Living Organ Donation and Valuable Consideration written by and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The central issue before Congress with respect to the possibility of living organ donation is how to balance the needs of people seeking organs with one another, and with the needs of potential organ donors. While the majority of organs are harvested from deceased donors, an increasing number of donations are made by living donors each year. As new types of programs are developed to help encourage the practice of living donation, both legal and ethical issues may arise. Two types of programs to expand the practice of living donation have recently been proposed: paired and list donation. In both types of arrangements, willing living donors who are incompatible with their intended recipients agree to donate their organs to an unknown recipient. In exchange, their intended recipient either receives an organ (paired donation), or a higher spot on the waiting list (list donation). Both systems have been implemented for kidney transplantation in limited areas, in part due to concerns that they may run afoul of the National Organ Transplantation Act (NOTA, P.L. 98-507) prohibition on the exchange of valuable consideration for an organ (Section 301). Both types of programs also raise or at least touch upon a range of issues, including those related to: evolving transplantation systems; the directive that physicians do no harm; risk-benefit ratios; informed consent; type O recipients; resource allocation; parity; and the possibility of paying for organs. In February 2007, the Senate passed the Living Kidney Organ Donation Clarification Act (S. 487) by unanimous consent. In March 2007, the House passed a companion measure, H.R. 710, by a vote of 422-0. The bills would amend the National Organ Transplant Act to clarify that kidney paired donation does not involve the transfer of a human organ for valuable consideration. During the 109th Congress, S. 2306 would have done the same for both kidney paired donation and kidney list donation. In the 108th Congress, S. 573 IS would have exempted familial, emotional, psychological, or physical benefit from the definition. This report contains background regarding how living donation is included within the larger organ donation construct, the likely impact that paired and list donation programs would have on organ supply, the legislative history and legal interpretation of the term valuable consideration as it is defined in section 301 of the National Organ Transplant Act (P.L. 98-507), and the various ethical and policy issues related to living donation, paired kidney donation, kidney list donation and legislation proposed on the topic. This report will be updated as needed.
Download or read book Organ Donations written by United States. Congress. Senate. Committee on Appropriations. Subcommittee on Departments of Labor, Health and Human Services, Education, and Related Agencies and published by . This book was released on 1998 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Justice and Health Care written by Andrew Grubb and published by . This book was released on 1995 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ninth volume in the series of King?s College Studies demonstrates the essential need for interplay between law, economics, political science and moral philosophy when formulating health policy. It addresses the issue of justice in the provision of health care by examining the problems faced in the American health care system, such as discrimination against ethnic and disabled groups, and the correlation between wealth and health. Subsequently it broadens the debate by turning to consider approaches in other health care systems such as those in the UK and Canada. This thought-provoking collection constitutes a useful and informative reference source that will be of particular interest to medical and health care practitioners across all specialties, philosophers, medical sociologists, health economists and lawyers.
Download or read book Organ Shortage written by Anne-Maree Farrell and published by Cambridge University Press. This book was released on 2011-03-10 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Organ shortage is an ongoing problem in many countries. The needless death and suffering which have resulted necessitate an investigation into potential solutions. This examination of contemporary ethical means, both practical and policy-oriented, of reducing the shortfall in organs draws on the experiences of a range of countries. The authors focus on the resolution and negotiation of ethical conflict, examine systems approaches such as the 'Spanish model' and the US Breakthrough Collaboratives, evaluate policy proposals relating to incentives, presumed consent, and modifications regarding end-of-life care, and evaluate the greatly increased use of (non-heart-beating) donors suffering circulatory death, as well as living donors. The proposed strategies and solutions are not only capable of resolving the UK's own organ-shortage crisis, but also of being implemented in other countries grappling with how to address the growing gap between supply and demand for organs.
Download or read book Black Markets written by Michele Goodwin and published by Cambridge University Press. This book was released on 2006-03-27 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: In America, in direct response to indefinite delays on the national transplantation waitlists and an inadequate supply of organs, a growing number of terminally ill Americans are turning to international underground markets and coordinators or brokers for organs. Chinese inmates on death-row and the economically disadvantaged in India and Brazil are the often compromised co-participants in the private negotiation process, which occurs outside the legal process - or in the shadows of law. These individuals supply kidneys and other organs for Americans and other Westerners willing to shop and pay in the private process. This book contends that exclusive reliance on the present altruistic tissue and organ procurement processes in the United States is not only rife with problems, but also improvident. The author explores how the altruistic approach leads to a 'black market' of organs being harvested from Third World individuals as well as compelled donations from children and incompetent persons.
