What is the Human Tissue and Organ Donation Act?

In August 2009, the Legislative Assembly of Alberta in Canada passed legislature that updated and clarified the provisions by which a person can donate human tissue or organs. The Human Tissue and Organ Donation Act (HTODA) replaced the Human Tissues Gift Act.

Supply and Demand

Studies have consistently shown that the demand for organs and tissue is far greater than the available donations. In 2008, there were 4,380 Canadians awaiting transplants; 215 died while waiting. The HTODA focuses on increasing the tissue and organs available for transplant.

Consent

One of the key issues affecting the availability of organ and tissue donors is the legal interpretation of :consent." In the past, even if consent was given and documented, the deceased's family or legal guardian could overrule the consent and disallow the donation. HTODA regulations now honor the deceased's consent.

Physician Mandatory Consideration

HTODA now requires that the physicians who determine death must consider the suitability of the deceased's organs and tissue for transplantation and note this in the deceased's medical files. Additionally, if the organs and tissue are suitable, donation agencies must be notified by the physicians. The agencies will then seek consent from appropriate channels.

References

• Canadian Legal Information Institute: Human Tissue and Organ Donation Act
• Alberta Doctors: Human Tissue and Organ Donation Act
• The Free Library: Alberta's new organ and tissue donation law: the Human Tissue and Organ Donation Act

Resources

• Human Tissue Authority: Donating your tissue for research