HTA statement on directed donation of organs after death

This statement sets out current policy on directed donation of organs after death.

Issue date: 14 April 2008

The HTA would like to offer their condolences to the family of Laura Ashworth.

The purpose of this statement is to set out current policy on directed donation of organs after death and the HTA’s responsibilities in this area.

The HTA is responsible for implementing the consent requirements of the Human Tissue Act 2004.  These cover consent for transplantation of organs.
 
A person who wishes to donate their organs after death will normally do this by registering on the NHS Organ Donor Register which is managed by UK Transplant (UKT).  The central principle of matching and allocating organs from the deceased is that they are allocated to the person on the UKT waiting list who is most in need and who is the best match with the donor. This is regardless of gender, race, religion or any other factor. The ethics of this position have long been supported by the government and professionals working in the field.
 
In line with this central principle, a person cannot choose to whom their organ can be given when they die; nor can their family. However, the HTA recognises that there may be exceptional situations when this rule might be reconsidered, but the importance of maintaining the central principle means that such exceptional situations would need to be considered with the greatest care before any part of the current rules were to be changed.

The HTA proposes to take soundings from professionals and organisations representing families before considering when these exceptional circumstances may arise, the ethical considerations that apply and if the rules should be changed. In the meantime, the HTA decided that there should be no change to the current system of allocating an organ according to need.   

Anyone who has a query about the NHS Organ Donor register should contact UK Transplant on 0845 60 60 400 or visit the UKT website.

Ends

Notes to editors
 
1. The HTA was established on 1 April 2005 to implement the Human Tissue Act 2004 (HT Act).

2. The HTA regulates the removal, storage, use and disposal of human bodies, organs and tissue for a number of ‘Scheduled Purposes’ – such as research, transplantation, and education and training – set out in the HT Act.

3. The HT Act also requires that the HTA must approve all transplant operations involving living donors, whether they are related or unrelated to the recipient, following an independent assessment.

4. The HT Act covers England, Wales and Northern Ireland. There is separate legislation in Scotland – the Human Tissue (Scotland) Act 2006 – and the HTA performs certain tasks on behalf of the Scottish Government (approval of living donation of organs and licensing of establishments storing tissue for human application).

5. As the regulator under the HT Act, the HTA is responsible for licensing a number of activities and carrying out inspections to ensure licence conditions are being met. These activities include:

• Anatomical examination
• Post mortem examination
• Removal of material from the deceased in certain circumstances
• Storage of post mortem material
• Storage of anatomical specimens
• Storage of material for other purposes – e.g. for human application (transplantation) or research
• Public display of a body or material from a deceased person 

5. Establishments storing tissue for human application are regulated under the EU Tissues and Cells Directive (EUTCD) and required a licence from 7 April 2006. All other activities required a licence from 1 September 2006.