Are You a Presumptive Organ Donor?

Radio Commentary, 90.7, 91.7 New Life FM, January 18, 2013 – By Sue Ella Deadwyler

Good morning, Jim.  Did you know your organs can be harvested, unless you leave a document telling your family or doctor or friends that you are NOT an organ donor?  That’s been the law in Georgia since July 1, 2008, after S.B. 405 passed the General Assembly.

Before, then people who wanted to donate their organs had to register, personally, as organ donors.  At that time, organ donation was an OPT-IN program.  NOW, it’s OPT-OUT and we are “presumptive organ donors,” unless we leave a “refusal document” or verbal verifiable instructions NOT to harvest our organs.

The former opt-in plan was Georgia’s first aggressive outreach to recruit organ donors.  That’s when the state reduced the driver’s license fee from $15.00 to $7.50 for applicants that would indicate on their license that they were organ donors.  That meant, donors, actually, were selling all of their body parts for a total of $7.50.  Drivers that chose NOT to be donors, simply, paid full price for their license and could rest assured (no pun intended) their body parts would remain intact after death.  Now, the law authorizes human body parts to be harvested, unless the decedent left a verifiable document to the contrary.The change in this law was designed to take advantage of individuals who may not want their organs harvested, but don’t know they must opt-out to prevent it.  If a refusal document is not left, any of ten different groups of people may permit harvesting.  If the family has no objection, the law allows medical examiners, funeral directors and crematorium personnel to initiate the harvesting process.  If the matter is not settled by then, the decision of harvesting goes to court.

So, listen up!  If you do NOT want to be an organ donor, current law requires you to record your decision in a signed document or oral communication that must be witnessed by two people.  But, I have a better idea.  Let’s get this law changed from opt-out to opt-in, so our organs cannot be harvested without our permission.

Our body does NOT belong to the state, a relative, agent, funeral director, medical examiner, crematorium operator, court or anyone else and should NOT be harvested without explicit prior documented permission from the deceased.  The current opt-out plan is a sneaky way to get organs without the owner’s permission.

To read this law, call the Capitol at 404 656-5040* and ask them to send you a copy of S.B. 405 that passed in 2008.  For Georgia Insight I’m Sue Ella Deadwyler, your Capitol correspondent.