Radical Israeli law: Give organ donors transplant priority

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Radical Israeli law: Give organ donors transplant priority

Post by The Grim Squeaker »

AP wrote:From Israel, a radical way to boost organ donation

By ARON HELLER, Associated Press Writer

Saturday, March 13, 2010

Read more: http://www.sfgate.com/cgi-bin/article.c ... z0iEkMTh3D
(03-13) 21:00 PST JERUSALEM, Israel (AP) --

Israel is launching a potentially trailblazing experiment in organ donation: Sign a donor card, and you and your family move up in line for a transplant if one is needed.

The new law is the first of its kind in the world, and international medical authorities are eager to see if it boosts organ supply. But it has also raised resistance from within Israel's ultra-Orthodox Jewish minority.

These opponents say it discriminates against them because their religious convictions forbid the donation of their organs, and while they are unlikely to get the law reversed, they have the political clout to slow its implementation.


Only 10 percent of Israeli adults hold donor cards, compared with more than 30 percent in most Western countries. The actual rate of families donating a deceased's organs is 45 percent, but in other countries it rises to 70 percent, according to Jacob Lavee, director of the heart transplant unit at Israel's Sheba Medical Center.

The low rate of organ donation is thought to be partly driven by religious considerations. Most rabbis have no problem with transplants to save lives; their objection is to profiting from or needlessly mutilating cadavers. But 99-year-old Rabbi Yosef Sholom Elyashiv takes a different view, and he is one of ultra-Orthodox Jewry's most influential leaders, claiming 100,000 followers among Israel's 6 million Jews. Elyashiv forbids organ donation before cardiac death, but allows his followers to receive lifesaving donations.

Lavee, the doctor who helped draft the law, hopes that a broader pool of organs will ultimately benefit everyone, but he acknowledges that one of his primary motivations is "to prevent free riders."

"This is the first time that a non-medical criterion has been established in organ allocation," he said. "It will rectify the unfairness of the situation where people who are unwilling to donate wait in the same line as those who are willing."

The measure opens a new dimension in the worldwide quest to overcome organ shortages. One solution — a legalized organ market — is ethically fraught. Another is called "presumed consent," where whoever doesn't opt out is considered a donor.

Spain, France, Austria and Belgium have adopted the latter model and rank among the top European nations in percentage of deceased donations, according to a U.N. study. But experts here say "presumed consent" would have been much trickier to get through the Israeli Parliament.

Writing in the December issue of The Lancet, the British medical journal, Dr. Paolo Bruzzone of Sapienza University in Rome said the Israeli initiative made more sense.

"Certainly, giving holders of donor cards priority in organ allocation sounds more acceptable than the introduction of organ conscription or financial incentives for organ donation," he wrote.

Luc Noel, coordinator of clinical procedures at the World Health Organization in Geneva, praised the Israeli law for its educational value and for introducing a "community spirit" to the field of organ donations.

"The bottom line here is doing to others as you would like others to do to you and that is where the community has a role," he told The Associated Press.

Arthur Caplan, director of the Center for Bioethics at the University of Pennsylvania, said the Israeli measure was ethically sound — he called it "reciprocal altruism" that would benefit society as a whole. But he doubted those signing donor cards would gain a significant advantage, because their queue would become much longer.

The only place where a limited version of the Israeli measure has been tested before is in Singapore, whose 1987 law introduced incentives for donors such as waivers for hospital charges and partial coverage of funeral expenses.

Israel's parliament passed its far more comprehensive legislation in 2008 by a wide margin, including votes from Shas, the mainstream ultra-Orthodox party, and it is to take effect after a huge campaign to explain the new regulations and their complicated point-based system to the public.

But Israel's unwieldy system of coalition government makes implementation uncertain. One of its members is an ultra-Orthodox party made up of Elyashiv's followers. Among its lawmakers is Yaakov Litzman, who happens to be the deputy health minister (the top post is vacant).

Another is Moshe Gafni, who said the law is "antidemocratic."

"If I can't contribute organs because of my religious beliefs, the state shouldn't be allowed to harm me," he told The AP.

The Health Ministry's legal adviser, Meir Broder, seemed to suggest the final formula was unsettled, saying it was still being fiercely debated among ethicists, lawyers, doctors and religious leaders.

"We are trying to find the point of balance between encouraging people to sign donor cards and not penalize those who don't," he said, but didn't elaborate.

The debate derives from Judaism's tricky definition of death.

Most leading Orthodox rabbis — as well as Israeli law — agree that a person dies when his brain-stem stops functioning. A minority opinion, endorsed by Elyashiv, holds that as long as a person's heart beats he or she is alive and therefore the organs cannot be harvested. Donation in Israel after cardiac death is rare and only done in special circumstances.

One prominent ultra-Orthodox Jew who endorses the law is Yehuda Meshi-Zahav, head of Zaka, a widely admired first aid and rescue service. He says everyone should obey his rabbi, but he carries a donor card and says "Preservation of life overrides everything."

Robby Berman, founder and director of the Halachic Organ Donor Society, a Jewish organization based in New York, said ultra-Orthodox Jews can't have it both ways.

"My position is if you are not part of the solution, you are part of the problem," he said. "Every Jew has a right to be against an organ donation, but then you can't come and say 'give me an organ.'"



Read more: http://www.sfgate.com/cgi-bin/article.c ... z0iEk42iyT
I Really Really support this, I just hope it passes..
It certainly makes sense to me, although they (the Orthodox) do have a point about religious discrimination, but I think the situation overrides it fairly.
I'd still rather have this and an opt-out system.
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Re: Radical Israeli law: Give organ donors transplant priority

Post by adam_grif »

Is there going to be some kind of safeguard against people ticking organ donor, then after they get a transplant removing their name from the list?
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Re: Radical Israeli law: Give organ donors transplant priority

Post by Psychic_Sandwich »

The simple solution to that is to make it impossible to remove your name from the list except for medical reasons.
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Re: Radical Israeli law: Give organ donors transplant priority

Post by salm »

Seems like a good move.
The problem around here is that people are too god damn lazy to get a donors card. Most peoples way of thinking is that they´ll get one when they´re at the doctor the next time for what ever reason. Of course then they forget it or there are no cards left.
If there was an incentive to get one like the proposal in Israel then i have no doubts a lot more people would just go there and get one.
A similar goal could be reached by easier meassures like opting out instead of in or do it like in the USA where your drivers licence is also a donors card.

The system here in Germany is so god damn retarded, it´s unbelievable.
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Re: Radical Israeli law: Give organ donors transplant priority

Post by eyl »

The Grim Squeaker wrote:I Really Really support this, I just hope it passes..
It certainly makes sense to me, although they (the Orthodox) do have a point about religious discrimination, but I think the situation overrides it fairly.
I'd still rather have this and an opt-out system.
Don't see their point, given that most Jewish authorities (including the Chief Rabbinate) allow organ donation. We can't and shouldn't accomodate each individual rabbi with his own minority opinion.
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Re: Radical Israeli law: Give organ donors transplant priority

Post by eyl »

salm wrote:Seems like a good move.
The problem around here is that people are too god damn lazy to get a donors card. Most peoples way of thinking is that they´ll get one when they´re at the doctor the next time for what ever reason. Of course then they forget it or there are no cards left.
If there was an incentive to get one like the proposal in Israel then i have no doubts a lot more people would just go there and get one.
A similar goal could be reached by easier meassures like opting out instead of in or do it like in the USA where your drivers licence is also a donors card.

The system here in Germany is so god damn retarded, it´s unbelievable.
It might incentify people to get a donor card simply because now there'll be a concrete point to having it.

As the law currently is in Israel, the card is for "declerational" purposes only - the final decision is up to the next-of-kin whether you have one or not - so I imagine many people don't bother getting one (actually, that crowd includes me) because it doesn't really matter, so long as you discuss it with your NoK.
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Re: Radical Israeli law: Give organ donors transplant priority

Post by White Haven »

Donor's card? Huh, wow, something the US does better in a medical field, that's a first. Here it's just a check-box on your driver's license application. Interesting move though, wonder if it'll catch on.
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Re: Radical Israeli law: Give organ donors transplant priority

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White Haven wrote:Donor's card? Huh, wow, something the US does better in a medical field, that's a first. Here it's just a check-box on your driver's license application.
What about people who don't have or apply for a driver's license?
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Re: Radical Israeli law: Give organ donors transplant priority

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Vendetta wrote:
White Haven wrote:Donor's card? Huh, wow, something the US does better in a medical field, that's a first. Here it's just a check-box on your driver's license application.
What about people who don't have or apply for a driver's license?
I guess they can get a spearate card.
Even if only holders of driver´s liceces could donate organs (which is absurd) it would still be better than having a separate donors card. In Germany about 70% are willing to donate their organs but only 15% have one of these fucking cards.
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Re: Radical Israeli law: Give organ donors transplant priority

Post by Akhlut »

Vendetta wrote:
White Haven wrote:Donor's card? Huh, wow, something the US does better in a medical field, that's a first. Here it's just a check-box on your driver's license application.
What about people who don't have or apply for a driver's license?
Well, pretty much everyone needs a picture ID of some sort, and if they don't have their license, they need to get a state ID card, which is nearly identical to the driver's license and it also has the organ donor check-box.

Which means the only people who really don't have a choice in the matter are people off-the-grid, whom I suspect wouldn't be donating anyway, or children, whose parents would choose to donate their organs or not anyway.
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Re: Radical Israeli law: Give organ donors transplant priority

Post by Teebs »

Funnily enough this thread reminded me that I'd been meaning to sign up as an organ donor and now I have done :D
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Re: Radical Israeli law: Give organ donors transplant priority

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"This is the first time that a non-medical criterion has been established in organ allocation," he said
That statemet may be true in Israel, but not in the US. In the US if you do not have medical insurance and also do not have a great deal of cash, or if your medical insurance either does not cover organ transplant or is insufficient to cover transplant and the costs of maintaing a transplanted organ, you will not get onto a waiting list. In other words, in the US there is also a financial criterion necessary in order to obtain a transplant. This is frequently glossed over or ignored, but it is how things are.
"If I can't contribute organs because of my religious beliefs, the state shouldn't be allowed to harm me," he told The AP.
I question if the source of harm here is the state or the reglious beliefs held by the person in question.
adam_grif wrote:Is there going to be some kind of safeguard against people ticking organ donor, then after they get a transplant removing their name from the list?
Due to the effects of anti-rejection drugs on the patient's entire system, it is highly unlikely that any of their organs would be viable for donation after their death. Even something corneas, often suitable for donation in otherwise ruled out peopel such as the elderly and cancer patients, can be adversely affected by anti-rejection drugs and thus not suitable. Receiving an organ pretty much forever rules you out as a donor. So.... recipients are off the list for medical reasons.
Vendetta wrote:
White Haven wrote:Donor's card? Huh, wow, something the US does better in a medical field, that's a first. Here it's just a check-box on your driver's license application.
What about people who don't have or apply for a driver's license?
State-issued ID cards have the same check box on the back - they're virtually the same as driver's licenses, except, of course, they don't grant driving priveleges. To get by in modern US society you need some sort of ID card, it's unheard of not to have one outside of extremely rare circumstances
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Re: Radical Israeli law: Give organ donors transplant priority

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The Grim Squeaker wrote:I Really Really support this, I just hope it passes..
It certainly makes sense to me, although they (the Orthodox) do have a point about religious discrimination, but I think the situation overrides it fairly.
I'd still rather have this and an opt-out system.
What point is that? Nobody is saying that they can't have organs or priority because they are orthodox. This isn't punishing them at all, it's rewarding people who are willing to step forward and donate to a system with critically short supplies should the unforeseen happen to them. These ultra-orthodox aren't willing to help out, so why shouldn't they be at the back of the queue behind those that are?


As a side note, I'm having a little trouble with a religious point there. Blood is a serious thing in Jewish law. I thought that the point of kosher butchers was that the livestock was specially prepared so that as little blood remained as possible. Yet, I know that blood transfusions are permissible and organ transplants are allowable, even though BOTH involve a person's system pumped full of ALOT of other people's blood, much more so than eating a non-kosher cut of beef. How exactly are these things allowable then?
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Re: Radical Israeli law: Give organ donors transplant priority

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Gil Hamilton wrote:
The Grim Squeaker wrote:I Really Really support this, I just hope it passes..
It certainly makes sense to me, although they (the Orthodox) do have a point about religious discrimination, but I think the situation overrides it fairly.
I'd still rather have this and an opt-out system.
What point is that? Nobody is saying that they can't have organs or priority because they are orthodox. This isn't punishing them at all, it's rewarding people who are willing to step forward and donate to a system with critically short supplies should the unforeseen happen to them. These ultra-orthodox aren't willing to help out, so why shouldn't they be at the back of the queue behind those that are?


As a side note, I'm having a little trouble with a religious point there. Blood is a serious thing in Jewish law. I thought that the point of kosher butchers was that the livestock was specially prepared so that as little blood remained as possible. Yet, I know that blood transfusions are permissible and organ transplants are allowable, even though BOTH involve a person's system pumped full of ALOT of other people's blood, much more so than eating a non-kosher cut of beef. How exactly are these things allowable then?
Jewish laws tend to give more leeway for things that save lives even if it doesn't inherently agree with Jewish traditions, iirc. So things like blood transfusions are okay because they'll keep someone alive.
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Re: Radical Israeli law: Give organ donors transplant priority

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Gil Hamilton wrote:As a side note, I'm having a little trouble with a religious point there. Blood is a serious thing in Jewish law. I thought that the point of kosher butchers was that the livestock was specially prepared so that as little blood remained as possible. Yet, I know that blood transfusions are permissible and organ transplants are allowable, even though BOTH involve a person's system pumped full of ALOT of other people's blood, much more so than eating a non-kosher cut of beef. How exactly are these things allowable then?
Preservation of life trumps virtually all Jewish law - if you're starving and the only food available to save your life is shrimp-encrusted pork loin in blood broth prepared on Saturday morning (it's about as unkosher as I could come up with) then not only are you permitted to eat it, you are required to eat it, because saving your life is so much more important that keeping kosher if there is no other alternative.

This applies to medical procedures as well - heart valves derived from pigs for example, are entirely OK within Judaism because saving life trumps pig taboos (which, in any case, apply to eating pigs. Judaism isn't Islam, Jews don't have a prohibition on pig-derived products other than the eating thing).

Thus, even if most organ donation is prohibited (which is a rare position in Judaism anyway, as pointed out already), organ receiving is permitted because it means saving a life.

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Re: Radical Israeli law: Give organ donors transplant priority

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The Orthodox can fuck themselves. They're perfectly fine with accepting other peoples' generous organ donations, but totally unwilling to do it themselves. Frankly, they're worse than your average Joe who simply forgets to sign up to be an organ donor.
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Re: Radical Israeli law: Give organ donors transplant priority

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Broomstick wrote:
Gil Hamilton wrote:As a side note, I'm having a little trouble with a religious point there. Blood is a serious thing in Jewish law. I thought that the point of kosher butchers was that the livestock was specially prepared so that as little blood remained as possible. Yet, I know that blood transfusions are permissible and organ transplants are allowable, even though BOTH involve a person's system pumped full of ALOT of other people's blood, much more so than eating a non-kosher cut of beef. How exactly are these things allowable then?
Preservation of life trumps virtually all Jewish law - if you're starving and the only food available to save your life is shrimp-encrusted pork loin in blood broth prepared on Saturday morning (it's about as unkosher as I could come up with) then not only are you permitted to eat it, you are required to eat it, because saving your life is so much more important that keeping kosher if there is no other alternative.
You forgot "with balls of feta floating in" to make it genuinely, hellishly unkosher.
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Re: Radical Israeli law: Give organ donors transplant priority

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My apologies for forgetting the cheese.
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Re: Radical Israeli law: Give organ donors transplant priority

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adam_grif wrote:Is there going to be some kind of safeguard against people ticking organ donor, then after they get a transplant removing their name from the list?
I kind of doubt that someone who needed an organ transplant would be sufficiently healthy afterwards to be considered for organ donation anyway.
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Re: Radical Israeli law: Give organ donors transplant priority

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Transplants between identical twins might leave the recipient healthy enough to be a donor later since they won't suffer damage from anti-rejection drugs (damage from a disease process might still be a problem, however.) Most of us don't have natural clones, though. (Yes, Captain Chewbacca and Kodiak, I know you're among the exceptions. Wouldn't surprise me if there are a few others lurking around here)
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Re: Radical Israeli law: Give organ donors transplant priority

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I still haven't seen a real reason for Israel - and everyone else - to just make organ donation explicitly opt-out or even straight out mandatory. It'd stop them from needing bullshit net-gain policies like this.
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Re: Radical Israeli law: Give organ donors transplant priority

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loomer wrote:I still haven't seen a real reason for Israel - and everyone else - to just make organ donation explicitly opt-out or even straight out mandatory. It'd stop them from needing bullshit net-gain policies like this.
Because the polticians who suggested it would be immediately cruicified and burnt at the cross amidst hailstorm media flurry of "Big government taking your organs! Film at 11."
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