Protecting the Living and the Dead
The gift of a donated organ is one of the greatest things one human being can do for another. Unfortunately, statistics related to organ donation are trending in the wrong direction. The national transplant waiting list grows by 144 people every day. Simultaneously, 22 people die daily in this country while waiting for the gift of life (that figure was 18 just three years ago).
The reasons for the declining numbers vary. Some experts say rates of transplant success lead doctors to more readily list their patients. Others point to the need to better educate the public and improve transparency of the organ donation and transplantation process.
In Pennsylvania, there are more than 8,000 patients awaiting life-saving organ transplants. To address that, House Bill 30, authored by state Rep. Joe Petrarca from western Pennsylvania, was introduced in the 2013-14 session. It never was brought up for a committee vote. The bill was re-introduced this session and passed overwhelmingly by the House Judiciary Committee in May.
I’ve seen the impact of my father’s heart transplant and a co-worker’s kidney transplant. I’ve also witnessed a dear friend whose son lost his life in a car accident eight years ago. The family’s decision to donate his organs not only saved the lives of six people but was of great comfort to them as they dealt with their grief. What was an otherwise senseless loss of life was given some purpose because of the gift of life he gave to others. Because of these experiences, I was one of the first House members to co-sponsor the bill.
House Bill 30 would increase from $1 to $3 the optional donation to the Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund that appears on driver’s license and vehicle registration forms. It also would empower the Donate Life PA Registry by mandating that information entered into it would supersede prior conflicting information from other sources.
If that was all the bill attempted to accomplish, it probably would have passed by now. Unfortunately, there are other elements in it that are preventing it from gathering enough votes to pass. Here are just a few:
- Amend the sample health care power of attorney/living will form with regard to bodies kept on artificial support after death in order to facilitate anatomical donation.
- Redefine certain terms that would make it easier to effectuate a gift, expand the class of others than the decedent who can authorize a gift, and make it easier for procurement organizations to find a member of the family or a hospital administrator to authorize a gift.
- Clarify instances where the person making the decision to donate the decedent’s organs has been arrested for or is suspected of causing the condition of the decedent.
- Prevent next of kin from overriding a driver’s license designation, donor card, advance directive for health care, will or other document specifying donation at time of death.
The most contentious element of the legislation deals with the role of our county coroners. Under House Bill 30, a coroner has the final authority to disallow an anatomical gift; however, the coroner or medical examiner must be present at the recovery procedure either in person or electronically. If harvesting of organs is denied, the coroner must explain in writing how the donation will impede the investigation into the cause of death.
House Bill 30 would also require organ procurement organizations to collaborate with coroners to preserve forensic evidence and collection of photographs and specimens of a person who has died under suspicious circumstances. It also would allow coroners to permit removal of an anatomical gift in the case of a person who died under suspicious circumstances.
To say that coroners do not support organ donation would be incorrect. They simply want the ability to do their job, especially in cases where foul play is suspected. These instances are often portrayed as rare; however, if a loved one’s death was suspicious, what would your priority be? Seeing that justice is served? Possibly impeding the path to an answer as to why that loved one lost their life? Now you see the predicament we’re in.
The one goal of any piece of legislation should be to NOT create a set of winners and losers. In this case, House Bill 30’s goal is to protect both the living AND the dead. Hopefully we can achieve that and get the bill to Gov. Tom Wolf’s desk for his signature.
Representative Kristin Phillips-Hill
93rd Legislative District
Pennsylvania House of Representatives
Media Contact: Scott Little
717.260.6137
slittle@pahousegop.com
RepKristin.com / Facebook.com/RepKristin