Gordon seeks to increase organ donations by amending law

Senator Richard Gordon has filed a bill providing for an "opt-out" system of organ donations and transplants to promote and increase the donation rate.

In his explanatory note on Senate Bill 2096, Gordon said that in the "opt-out" donation system, everyone will be considered an organ donor unless they specifically object to being one.

“Opt-out strategies are likely to increase donation rates because those who do not register a preference either way will be treated as donors. Opt-out organ donation systems are often called presumed consent,” he said.

The bill seeks to amend Republic Act 7170 or the Organ Donation of 1991, which states that a person who is at least 18 years old and of sound mind may give, by way of legacy to take effect after his or her death, all or part of his or her body for any purpose. This is also called the voluntary organ donation system.

Under Gordon's bill, a designated physician or surgeon of a hospital or transplant center may authorize, in writing, the removal of any part of the body of a person who has died in the hospital or center for transplant to the body of a living person.

However, no authority shall be given if the deceased person:

• during his lifetime registered an objection to the removal of the organ from their body after their death;
• is not a Filipino citizen;
• is below 18 years old, unless a parent or guardian consented  to such removal;
• is mentally ill and therefore could not have given a valid consent during their lifetime, unless a parent or guardian gave consent.

The bill states that any person who objects to the removal of any part or organ from his body may register their objection with the Department of Health-Philippine Network for Organ Sharing, which may be done through the National Registry or local registries.

Upon receipt of the duly signed objection, DOH-PhilNOS shall issue a certification and an opt-out card to the person which shall serve as a proof.

Also, any natural-born Filipino who has lost his or her citizenship and obtained citizenship in another country but is a resident of the Philippines who desires to donate his or her organ may register such desire with DOH-PhilNOS which, in return, will issue a certification and an opt-in card.

Those who registered to opt-out or opt-in may withdraw their objection or desire any time and submit the same to the DOH-PhilNOS which will issue an acknowledgement.

The DOH-PhilNOS shall establish and maintain a National Registry which shall contain all Filipinos who opted out and opted in to donate any organ, tissue, or cornea after their death. The bill states that the register shall be updated in real-time.

'Reciprocal altruism'

Under the bill, a person who has not registered any objection with the DOH-PhilNOS shall be given priority when it comes to receiving organs. Second in priority are those who registered objection but who then withdrew their objection.

To be given least priority as a recipient of organs are those who registered objections with the DOH-PhilNOS.

Gordon said this is consistent with the view that a fair concept of justice calls for reciprocal altruism because organs may be considered a scarce societal resource.

“It also justifies the perceived unfair action of free-rides: those who are willing to receive an organ but unwilling to donate one,” he said in the explanatory note.

Listed as prohibited acts under the bill are selling and buying of organs; performing organ removal and/or transplantation of an unauthorized person; advertising and promoting buying and selling of organs; and destroying, forging, mutilating, and altering registries.

Those who will be found selling and buying organs or performing organ removal and/or transplantation of an unauthorized person shall be imprisoned for 20 years and fined not less than P1 million but not more than P2 million.

Any person found advertising and promoting buying and selling of organs; and destroying, forging, mutilating, and altering registries will be imprisoned for two years and fined not less than P100,000 but not more than P500,000. — BM, GMA News