The act varies the Law of England and Wales in Wales (still applicable in England), which relied on an opt-in system; whereby only those who have signed the NHS organ donation register, or whose families agreed, were considered to have consented to be organ donors.
(meta data) TITLE: Q&A: Organ donation planned changes in Wales - BBC News (meta data) AUTHOR: https://www.facebook.com/bbcnews ## Accessibility links ## BBC News Navigation Family & Education Entertainment & Arts Video & Audio In Pictures Reality Check Special Reports The Reporters Have Your Say Wales selected Wales Politics Wales Business North West North East South West South East Local News Wales politics Wales politics # Q&A: Organ donation planned changes in Wales Image caption The law will make Wales the first part of the UK to introduce an opt-out organ donation system Politicians are due to cast their vote on a controversial and fundamental change to the organ donation system in Wales. The Welsh government is hoping to adopt a system of presumed consent for donating organs after death. The opt-out system, which could be introduced in 2015, would mean everyone is regarded as a willing donor when they die unless they state otherwise. Assembly members are due to cast their vote on whether to pass the Human Transplantation Bill. If the Bill is passed, regulations will still need to be approved before it becomes law following Royal Assent. ## How will the system change? At the moment, people must sign the NHS Organ Donor Register or their families must agree before their organs can be used after their death. Under the new system, there will be two forms of consent in law - deemed consent, by those people who have not registered to opt-out of donating an organ, and express consent, by those who have registered to say they wish to be a donor. A single register will record whether or not someone wants to be an organ donor. Donors will also be able to record any wish to donate certain organs but not others. ## Is it as simple as that? Not quite. There has been much debate about the role of families in the immensely difficult circumstances in which medical staff are talking to them about what should happen to their loved one's organs. Health Minister Mark Drakeford recently announced changes to give families a "clear right of objection". He has also said that organs will not be taken unless a family member is present. ## Does that mean family members can veto an assumption that organs can be used? The relatives, or "friends of long standing", can object if they know that the deceased would not have consented. Medical staff would then use their judgement, based on the information provided, to decide whether or not to proceed with using the organs. The information must be "sufficient to lead a reasonable person to conclude that they knew the deceased would not have consented". ## What if family members still object, but cannot provide such information? In law, the deceased consent will be deemed if that person has not opted out of being a donor. In practice, however, clinicians also have a duty not to add to the distress of relatives. Should there be no information indicating the deceased wanted to donate their organs, it is extremely unlikely that medical teams would remove organs against the clear wishes of family members. The family does not, however, have a legal veto. ## Does it apply to tourists and university students? They will need to have been "ordinarily resident" in Wales for at least 12 months before their death. ## Who else will the deemed consent principle not apply to? Anyone under the age of 18, someone from Wales who dies in another part of the United Kingdom and individuals who are not thought to have the mental capacity to make a decision on whether or not to be an organ donor. ## How many people stand to benefit? It's a very small amount. Evidence from other countries with an opt-out system indicates that around 15 additional donors could be provided each year, and approximately 45 extra organs. It is estimated there are around 250 people on a waiting list for a transplant at any one time, 33 people in Wales died in 2012/13 whilst waiting. Welsh ministers believe the new system will save more lives and improve people's quality of life. The Welsh government also says the NHS will save money on expensive treatment such as kidney dialysis which can then be spent on services for patients. ## What organs are involved? The same as with the current system. They include organs and tissues such as kidneys, heart, liver, lungs, pancreas, the small bowel, skin, bone, tendons and cartilage. ## Will the organs only be used in Wales? No, organs donated in Wales may go anywhere in the UK and vice-versa, as is the case now. ## When is the new system due to start? From 2015, to allow time for a major public information campaign. ## More on this story Bigger role for families in deemed consent organ law 16 April 2013 Organ donations in Wales fall over 12 months 11 April 2013 Wales organ donation opt-out: Minister determined new legislation is passed 25 March 2013 ## Related Internet links Welsh government The BBC is not responsible for the content of external Internet sites ## Top Stories PM says 'undemocratic' backstop must be scrapped The PM calls the Irish border plan "unviable", but the EU says he hasn't offered realistic alternatives. 20 August 2019 Police officer murder accused appears in court 20 August 2019 'Why me? 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Human Transplantation (Wales) Act 2013
Abstract.
The Human Transplantation (Wales) Act 2013 (anaw 5) (Welsh: "Deddf Trawsblannu Dynol (Cymru) 2013") is an act of the National Assembly for Wales, passed in July 2013. It permits an opt-out system of organ donation, known as "presumed consent", or "deemed concent". The act allows hospitals to presume that people aged 18 or over, who have been resident in Wales for over 12 months, want to donate their organs at their death, unless they have objected specifically.