BETTER ORGAN POLICIES

Because a state funeral inspector took brains from deceased Mainers without the consent of their families there is a well-founded fear that some families may now eschew organ donations for transplants. That would be unfortunate given the dire need for organs for transplants coupled with the state’s efforts to tighten regulations on donations for both research and medical purposes.

The state’s one-time funeral inspector was paid $1,000 to $2,000 for each brain he sent from the state Medical Examiner’s Office to the Stanley Medical Research Institute in Bethesda, Md. At least 99 brains were sent from Maine to the facility from 1999 to 2003. Several families have said they did not authorize the brain donations and two families have sued. State and federal prosecutors have opened investigations.

In response, the Attorney General’s Office has already written a new policy on organ and tissue donation for the roughly 1,200 deaths each year in which the state Medical Examiner’s Office takes custody of the bodies. It requires that phone requests be recorded, among other changes. The Attorney General’s Office and the Bureau of Health are also writing new regulations covering organ harvesting and donation for the rest of the population.

Two bills, both of which have public hearings before the Health and Human Services Committee on Wednesday, would further improve the situation. On the research side, LD 55, sponsored by Rep. Chris Barstow of Gorham, would require research facilities to

follow the standards of the Uniform Anatomical Gift Act. This would entail more detailed reporting of the organ donation and better training of the personnel charged with securing

donations. It, too, would require the recording of phone conversations with donor families.

The second bill, LD 107, is likely to be more controversial, but is also needed. The bill, sponsored by Rep. Sean Faircloth of Bangor, would rescind the section of state law that gives next of kin the right to override an organ donation even though the deceased expressed wishes that his organs be donated. This in essence gives the deceased final say over what will happen to his organs, much like a will is the final say on what happens to his estate. The bill would also simplify the organ donation paperwork.

Rep. Faircloth said he sponsored the bill simply to get more organ donations so fewer people die.

According to the United Network for Organ Sharing, there are currently more than 87,000 people on the national waiting list for organ transplants. Last year, nearly 25,000 organs were transplanted. Every day, 16 people die waiting for organ transplants.

These bills, along with the attorney general’s rules, should reassure potential donors.