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Solutions
Here's how the system works now:
An individual who wants to be an Organ Donor must "opt-in" - by signing a Donor Card, checking the box on their Driver's License, or by signing up with a State Donor Registry. When a person dies in circumstances that might permit Organ Donation, someone from the local Organ Procurement Organization(OPO) approaches the family about Organ Donation. If their loved one had not discussed Organ Donation with them, they all too often decline to give consent. Sometimes they decline even when they know their loved one's wish was to be a donor. Often, even in states that have "first person consent" laws, the family is allowed to override the individual's wishes.
Here's how the system would work under Presumed Consent:
An individual who does not want to be an Organ Donor would have to "opt-out" by entering their name on a National Registry maintained by OPTN - the same organization that now keeps the National Waiting List of transplant candidates. When a person died under circumstances that would permit Organ Donation, a search would be made of the Registry. If their name did not appear in the Registry, it would be presumed they had consented to be a Donor. While the family would be advised of this information, their consent would not be required, and no one would be allowed to override the donation.
Here's why we think Presumed Consent would be better:
Presumed Consent enhances the right of an individual to decide what will happen after they die.
Presumed Consent works well in other countries where it has been instituted - Austria, Spain, Portugal, Italy, Belgium, Bulgaria, France, Luxembourg, Norway, Denmark, Finland, Sweden, Switzerland, Latvia, Czech Republic, Slovak Republic, Hungary, Slovenia, Poland, Greece, and Singapore - where the opt-out rate has been around 2%.
Tracking the 2% who don't wish to be Donors would be easier than tracking the 98% who do wish to be Donors or don't care.
Presumed Consent preserves the American spirit of unselfishness and altruism.
Presumed Consent would remove the burden of making a decision about Organ Donation from families already dealing with the traumatic death of a loved one.
Presumed Consent could be implemented quickly, easily, and relatively inexpensively by working within the framework of the existing Organ Donation system.
Presumed Consent could have a dramatic impact on the number of organs available for transplant, significantly reducing the Waiting List and the number of deaths on the waiting list, as well as relieving the pain and suffering of thousands.
 

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