Organ and tissue donation and transplantation: analysis of consultation responses

8.Donations of less common types of organs or tissue (Q10)

8.1 This chapter discusses respondents' views regarding provisions for donation of less common types of organs and tissue. Examples of such donations, as discussed in the consultation paper, included the donation of limbs and facial tissue.

8.2 The consultation paper proposed that under a soft opt out system, deemed authorisation would apply to donation of the more common types of organ and tissue: kidneys, liver, pancreas, heart/heart valves, lungs, small bowel and stomach, tendons, skin, corneas and bone. Views were sought about whether deemed authorisation should also apply to 'more rare or novel types' of tissue or organs - or whether explicit authorisation (from the donor themselves or their family) should be required in relation to these types of donations.

Question 10: In any opt out system, what provisions do you think should apply to the less common types of organs and tissue? [Deemed authorisation provisions should apply to all organs and tissue / Deemed authorisation provisions should only apply to the more common organs and tissue]

8.3 Question 10 was a closed question with no space for additional comment. However, a small number of the organisational respondents provided comments in emailed responses or at Question 15 in the online questionnaire. These comments are discussed briefly below.

8.4 Altogether, 774 respondents replied to Question 10 - 28 organisations and 746 individuals. Organisational respondents were divided in their views about whether deemed authorisation provisions should apply to all organs and tissue, or only the more common organs and tissue. A small majority (54%) thought it should apply only to the more common organs and tissue. By contrast, most individual respondents (83%) were in favour of deemed authorisation provisions applying to all organs and tissue ( Table 8.1).

Table 8.1: Q10 - In any opt out system, what provisions do you think should apply to the less common types of organs and tissue?

8.5 Four organisations offered further comments to explain their views. Three of these thought that deemed authorisation should only apply to the more common organs and tissue, noting that this would be consistent with the current Welsh legislation. This group of respondents commented that certain forms of transplantation may be expected to have a greater emotional impact on family members and the general public, and they suggested that:

• The less common organs and tissue (not subject to deemed authorisation) should be set out in Regulations so that the list can be updated as and when new options become available.
• The restrictions should be widely publicised, as media coverage of such transplants may result in people choosing to opt out if they (mistakenly) believe deemed authorisation would apply to these types of organs or tissue.
• People should be given the opportunity to selectively opt out of some forms of donation if they wish to do so.
• There should be explicit authorisation for donation for research purposes.

8.6 One organisation was in favour of deemed authorisation applying to all organs and tissue 'for practical reasons'.