The HTA has revised its Code of Practice F: Donation of solid organs and tissue for transplantation to reflect amendments to the Human Tissue Act 2004 as a result of the Organ Donation (Deemed Consent) Act 2019.
The revised code will provide clinical advice and guidance for organ and tissue transplant professionals in England on how the new law will affect their practice from spring 2020. It also provides guidance in situations where someone’s consent to donate their organs is not clear or when clinical decisions are complex.
Changes to Code of Practice F
Code of Practice F provides practical guidance on consent under the Human Tissue Act 2004 for professionals working in organ and tissue donation and transplantation.
The Code has been revised to include guidance which will set out the circumstances in which a person’s consent may be deemed under the new system of deceased organ and tissue donation.
Our existing Code of Practice F gives guidance on both living and deceased donation. The revised Code has been split into two sections, as living donation will not be affected by the law change, and will be published as two separate documents.
Part one: living organ donation (out of scope for the consultation)
This provides guidance on legislative requirements to clinicians working in living organ donation and transplantation and HTA Independent Assessors.
Please note: deemed consent does not apply to living donation, so this guidance remains the same and does not form part of the consultation.
Part two: deceased organ and tissue donation
This provides guidance to Specialist Nurses in Organ Donation (SNODs), Tissue Donor Coordinators, and other professionals who seek consent for deceased organ and tissue donation.
About the consultation
This consultation asked professionals working in the field of organ donation for their views on the draft version of Part two: deceased organ and tissue donation of our Code of Practice F only.
We wanted to know if our guidance:
- Is straightforward and easy to understand
- Clearly sets out the circumstances in which consent can be deemed
- Accurately captures the role of the family, faith, and cultural considerations
- Makes it clear which factors would be explored when considering whether a person is ordinarily resident in England
- Has any gaps or is lacking clarity in a specific area
Please note, this consultation did not consider feedback on the Organ Donation (Deemed Consent) Act 2019 itself, or how this change is implemented operationally.
It is the Department of Health and Social Care who are responsible for working with Ministers to consider and implement a change to law, and NHS Blood and Transplant which is the operational body that runs the national organ and tissue retrieval and transplantation service.
The HTA’s role is to ensure that current law in this area is adhered to.
The consultation on the draft Code of Practice ran from midday Thursday 4 July 2019 to Thursday 26 September 2019.
If you have any questions about the consultation please contact us either by email or by phone on 020 7269 1900.