Human Tissue (Authorisation) (Scotland) Act 2019

Last updated

Act of the Scottish Parliament
Coat of Arms of the United Kingdom in Scotland (Variant 1).svg
Long title An Act of the Scottish Parliament to make provision about authorisation of the removal and use of part of the body of a deceased person for transplantation and other purposes; and for connected purposes.
Citation 2019 asp 11
Introduced by Shona Robison MSP, Cabinet Secretary for Health and Sport
Territorial extent  Scotland
Dates
Royal assent 18 July 2019
Other legislation
Amends Human Tissue (Scotland) Act 2006
Status: Current legislation
History of passage through Parliament
Text of statute as originally enacted

The Human Tissue (Authorisation) (Scotland) Act 2019 (asp 11) is an act of the Scottish Parliament. The Act changed the law regarding organ donation so that unless someone expressly opted out, they would be deemed as having given consent.

Contents

History

In June 2017, the Scottish Government announced its intentions to bring forward legislation for an opt-out system for organ donation. [1] In 2018, the Scottish Government announced published the bill. [2] In February 2019, the Scottish Parliament debated presumed consent for organ donation. [3]

In 2021, the Act was commenced - this had been delayed due to the Coronavirus pandemic. [4] [5]

Provisions

The Act has several exceptions for eligibility that mirror the Organ Donation (Deemed Consent) Act 2019. [6]

the Scottish model places less weight on the role of those in qualifying relationships and more on the principle of deemed consent than the Organ Donation (Deemed Consent) Act. [6]

Reception

The lack of public awareness around the register for registering objections to opt-out of organ donation makes the safeguards less effective. [6] Unlike England, there is no app-based system for registering medical an objection. [6]

The Act has been criticised for potentially reducing the rate of donation by giving to much weight to qualifying relationships. [7]

Examples

During September 2021, a young father revealed he was able to be present for the birth of his child, because of a heart had been donated on the basis of deemed authorisation. [8]

See also

Related Research Articles

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References

  1. "Opt-out organ donation system in Scotland planned". BBC News. British Broadcasting Corporation. 18 June 2017. Retrieved 10 October 2024.
  2. "Plan for Scottish opt-out organ donation system published". BBC News. British Broadcasting Corporation. 11 June 2018. Retrieved 10 October 2024.
  3. "MSPs to debate presumed consent for organ donation". STV News Archive. STV plc. 26 February 2019. Retrieved 10 October 2024.
  4. Macaulay, Joanne (25 March 2021). "Scots become automatic organ donors under new law". BBC News. British Broadcasting Corporation. Retrieved 10 October 2024.
  5. Parsons, Jordan A.; Moorlock, Greg (28 August 2020). "A global pandemic is not a good time to introduce 'opt-out' for organ donation". Medical Law International. 20 (2): 155–166. doi:10.1177/0968533220950002. ISSN   0968-5332.
  6. 1 2 3 4 Parsons, Jordan A (10 April 2021). "Deemed consent for organ donation: a comparison of the English and Scottish approaches". Journal of Law and the Biosciences. 8 (1): lsab003. doi:10.1093/jlb/lsab003. ISSN   2053-9711. PMC   7989506 . PMID   33981445.
  7. McLaughlin, Leah (8 October 2024). "Opt-out laws designed to make organ donation easier may have actually made it harder, says research". The Conversation. The Conversation Trust (UK) Limited. Retrieved 8 October 2024.
  8. "Father with serious heart condition witnesses birth of first child thanks to transplant". Sky News. Sky plc. 20 September 2021.