The National Organ Transplant Act Of 1984

Every day some dies after waiting years on a transplant list. The National Organ Transplant Act of 1984 says that in the United States, the sale of organs is illegal. Some believe this act may be preventing thousands of people from getting the organs that will save their lives. The truth is every day someone dies and their organs could be used to help others and everyday a life of one and the livelihood of another could be saved. The reasons for allowing the sale of organs is very simple to understand. It can help others financially, save money on medical expenses and most importantly, save lives. Critiques believe this would be a mistake causing spur of the moment decisions, and illegal obtain these organs for sale. With the use of regulation, these doubts can be laid to rest. Before the problem can be solved, the problem has to be identified.

A continuing problem exists in trying to close the gap between the supply and demand of procured organs in the United States. An increase in the amount of transplant operations performed has risen significantly over time. As a result, a new name is added to the national waiting list every 16 minutes (Duan, Gibbons, & Meltzer, 2000). It is estimated that about 100,000 individuals are on the national transplant waiting list at all times (Munson, 2012). Something needs to be done before these numbers get completely out of control. Despite the introduction of Gift of Life and many other educational efforts, the United

It was only a matter of time before a businessman in Virginia saw a way to profit from the success of transplantation. In 1983 H. Barry Jacobs announced the opening of a new exchange through which competent adults could buy and sell organs. His failing was in his decision to use needy immigrants as the source of the organs (Pence 36). As a result Congress, passed the National Organ Transplant Act (Public Law 98-507) in 1984, which prohibited the sale of human organs and violators would be subjected to fines and imprisonment (“Donation Details”).

According to United Network for Organ Sharing (2010) organ donations and transplantation are the removal of organs and tissues from one person and placed into another person’s body. The need for organ transplantation usually occurs when the recipient organ has failed (UNOS, 2010). Organ donation can save the lives of many individuals who are on the waiting list for an organ donation. Becoming an organ donor can be a difficult decision. Many people have the false beliefs about being an organ donor. An example would be if organ donor is on their driver’s license and a person is in a life-threatening accident everything will not be done to save their life. There is an increase need for organ donors and unfortunately the need for organ

As a future healthcare leader I do not think that public solicitations are just as they give priority to people who can get attention while ignoring those who are less fortunate. Not all people waiting for a transplant have the same financial resources or social skills to undertake a public campaign. If many recipients take out these types of campaigns and start to solicit for organs through directed donations, it would take away from assuring that the waiting list is followed so that the sickest patient with the greatest possibility for success would be considered first through the allocation process. This is reiterated by Art Caplan a bioethicist at the University of Pennsylvania. He believes that publicity campaigns and public solicitations undercut the ability of the system to get organs to those most in need and those who have the best chance to survive.

It stated that people 18 years or older were permitted to legally donate their organs upon their passing. It wasn’t until 1984, that the National Organ Transplant Act (NOTA) established a nationwide computer registry operated by the United Network for Organ Sharing (UNOS) as well as authorization for financial support for Organ Procurement Organizations (OPOs) and the prohibition of buying or selling of organs in the United States, as well as the Black Market. (Organ Transplant History, n.d.) With the inclusion of more laws for safe and ethical organ donation put into place, the formation of the Required Request legislation evolved in 1986. “The Omnibus Budget Reconciliation Act of 1986 required hospitals to have in place policies for offering all families of deceased patients the opportunity to donate their loved one’s organs.” (Timeline of Historical Events Significant Milestones in Organ Donation and Transplantation, n.d.) As more healthcare acts and legislations were introduced, in 2001 emerged the national Gift of Life Donation Initiative to increase organ, tissue, marrow, and blood donation from the U.S. Department of Health and Human Services. (Timeline of Historical Events Significant Milestones in Organ Donation and Transplantation, n.d.)

Currently, there are over 120,000 Americans on the waiting list to receive an organ (Alter). This incredibly high number of people in need of an organ transplant is the tragic outcome of the National Organ Transplant Act of 1984, which prohibited the sale of human organs and almost all forms of compensation (Monti). The act was originally intended to prevent exploitation of the poor, who found that selling their own organs to the wealthy was a quick and easy way to earn large amounts of money. Over the years, it became more evident that banning organ donor compensation actually discriminated against the poor rather than protected them, by ensuring that only the wealthy could afford such operations. Since the act went into effect, the demand for organs has greatly increased by a whopping 1,200% while the supply for organs has basically remained

The UNOS Minority Affairs Committee detects and considers the characteristics of organ transplantation, including distribution with the possible effect of minority populations. As a member, Dr. Ruiz offers a contribution to the committee on specific projects. Then, the committee reports the results to the Board of Directors.

Available became controversial. While the question of the dialysis machine is still controversial, the health system was caught in another ethical dilemma regarding organ transplantation. Organ transplantation is closely linked to the issue of cleanliness because patients with kidney failure can get an organ transplant as an alternative to hemodialysis. The issue is complicated by the fact Medicare is financed by organ transplant, and there are those who believe that the distribution of rare transplant is not right. There are thousands of terminal patients whose lives can be saved by organ transplantation, but there are no formulas of work that can be used to determine which of the thousands of patients will be given priority. It is left to the discretion of medical officers to decide who is worth saving. The ability to keep someone alive by replacing one or more of their major organs is a splendid achievement of medicine of the 20th century.

Organ transplantation is a term that most people are familiar with. When a person develops the need for a new organ either due to an accident or disease, they receive a transplant, right? No, that 's not always right. When a person needs a new organ, they usually face a long term struggle that they may never see the end of, at least while they are alive. The demand for transplant organs is a challenging problem that many people are working to solve. Countries all over the world face the organ shortage epidemic, and they all have different laws regarding what can be done to solve it. However, no country has been able to create a successful plan without causing moral and ethical dilemmas.

Innovative advances in the practice of medicine have increased the life span of the average American. This along with the growing population in the United States and has created a shortfall in the number of organs available for transplant today. The current system of allocation used to obtain organs for transplant faces difficulty because of two primary reasons according to Moon (2002). The two perceptions that stop potential organs donors are that the allocation criteria is unfair and favors certain members of society and/or that organs may be allocated to someone who has destroyed their organs by misuse (Moon, 2002). Many individuals decline to donate organs because anyone requiring an organ transplant is placed on a waiting list and it is possible that individuals who have destroyed their organs by their own actions or convicted criminals could receive donated organs before someone whose organs are failing through no fault of their own and positively contribute to society. When a celebrity or wealthy individual requires a transplant they are often viewed as "jumping" the waitlist but

In addition, surgeons have learned how to keep increasingly patients alive longer and how to make more people eligible for transplants. Still, there are shortage of organs donation. According to the United Network for Organ Sharing (UNOS), a non-profit, scientific and educational organization, organizes transplant registration. 3448 people died in 1995 because organs were not available for them in time. A third to a half of all people on waiting lists die before an organ can be found for them. This shortage raises several difficult ethical problems. How should the limited supply of organs be distributed? Should donors be encouraged to donate by the use of financial incentives? Opponents of the sale of organs point out that the inevitable result will be further exploitation of poor people by the

In February 2003, 17-year-old Jesica Santillan received a heart-lung transplant at Duke University Hospital that went badly awry because, by mistake, doctors used donor organs from a patient with a different blood type. The botched operation and subsequent unsuccessful retransplant opened a discussion in the media, in internet chat rooms, and in ethicists' circles regarding how we, in the United States, allocate the scarce commodity of organs for transplant. How do we go about allocating a future for people who will die without a transplant? How do we go about denying it? When so many are waiting for their shot at a life worth living, is it fair to grant multiple organs or multiple

Therefore, the provision of organ transplant is not restricted to inmates. Generally, societies have, under the best of conditions, a middling track record when it comes to evaluating the value of the incarcerated population. In relation to this is that the society believes that since the incarcerated population has taken so much from the society through their act which is

1. The Organ Donation Act International Publication Series Health, Welfare and Sport nr.3, Ministerie van Volksgezondheid, Welzijn en Sport – NL.