Texas Legislature to Consider New Donation Rules

The Texas Legislature is expected to consider legislation this year which, if enacted, would make the state the first in the country to presume that all individuals want to be organ donors unless they specifically have registered as a non-donor.

The so-called "presumed consent" policy, if adopted, would mean that at the time of a person's death, doctors would not require permission of next of kin in order for organ donation to occur.

Currently, even if individuals have signed organ donor cards or have indicated their desire to donate on their driver's licenses, doctors in all 50 states seek approval of the next of kin before proceeding with donation.

But a new state report, issued by a special panel created by the 1999 Texas Legislature, recommends that Texas address the shortage of organs available for life-saving transplants by adopting a "presumed consent" law. No details were provided on exactly how the law would work.

While several European countries have presumed consent laws, bills to introduce the practice in the United states have failed in Pennsylvania, Oregon, Minnesota, California and Maryland. A number of transplant doctors and donor groups are adamantly opposed to adoption of presumed consent statutes.

But Texas Sen. Mike Moncrief, D-Fort Worth, chairman of the Senate's health and human services committee, said he expects the legislature will consider such legislation during this year's session.

"This is a big state and a big problem, but it's not something we can't overcome," said Moncrief. "We just have to be creative; we just have to start thinking outside the box."

Other sources: Houston Chronicle