NY State will presume consent for organ donation, that is, if Assemblyman Richard Brodsky gets his way. Acknowledging that the demand for transplantable organs vastly outstrips supply and the fact that presumed consent works in other European nations, Brodsky has proposed that the default would be that all New Yorkers would donate their organs upon their death unless they were to check a box “opting out” on their driver’s license registration form.
This, in combination with legislation promoting better education about organ donation, is hoped to increase the number of donors in a state where just 13% of residents agree to donate.
While many oppose presumed consent, I would argue that in lieu of a better alternative to increase the number of cadaveric organs available for donation limited implementation of such a policy (perhaps in just a few counties for a 2 year period) with significant amounts of public consultation would iron out any kinks in such a proposal and prevent any major problems that opponents of presumed consent note (namely that unaware or uninformed citizens would end up donating organs by default against their wishes).
Until we can make organs in a dish or our need for organs for transplant is reduced, some policy solution must exist. This one is a good one that we know works in other contexts–the key for New York will be its implementation, community consultation, and citizen buy-in, if the legislation is ever passed.
Summer Johnson, PhD