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Texas mulls policy for organ donation by presumed consent

While the first-in-the-nation bill stands little chance of passing, it promises to heat up ethics debates.

By Andis Robeznieks, amednews staff. April 28, 2003.

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A bill authorizing a controversial method of increasing organ donation has been introduced in Texas and, although its chances appear slim, proponents plan to offer persuasive testimony that they hope will sway lawmakers to their side.

State Rep. Mark Homer introduced a bill calling for Texas to adopt a "presumed consent" policy, meaning it's assumed that adults agree to be organ donors unless they have officially recorded their desire not to donate. It's a contentious policy, but presumed consent has been credited with increasing organ donations in Europe. The three nations with higher donation rates than the United States -- Spain, Austria and Belgium -- all have presumed consent.

Presumed consent supporters are also actively working to get bills introduced in California, New York and Rhode Island, but -- since transplant activists have been particularly vocal in Texas -- current thinking is that Texas may offer them the best chance for a legislative victory.

Homer said he became interested when a friend's child died of leukemia after efforts to find a bone marrow donor failed. "It kind of started there, and we stepped down and said 'Let's address the transplant issue,' " the Texas Democrat said. "We're going to push it as hard as we can."

According to the United Network for Organ Sharing, 6,434 people in the United States died last year (more than 17 a day) waiting for an organ transplant, including 431 Texans. Homer said presumed consent would "expand opportunities for survival."