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A Federal Organ Grab Without Consent
Cato Institute ^ | November 2, 2006 | Sigrid Fry-Revere

Posted on 11/13/2006 1:11:32 PM PST by Tolerance Sucks Rocks

Sigrid Fry-Revere is director of bioethics studies for the Cato Institute.

Just last week, seven New York funeral home directors pleaded guilty to stealing organs from thousands of bodies, including that of broadcaster Alastair Cooke. Bizarrely enough, the federal government's looking to get in on the same action.

At a meeting today and tomorrow, the Department of Health and Human Services Advisory Committee on Organ Transplantation is expected to recommend that states adopt policies of "presumed consent" for organ donation.

In other words, authorities could harvest organs from your dead body without prior permission from you or your family.

If the government is really concerned with getting donor organs, it shouldn't rationalize stealing them, it should amend the National Organ Transplant Act to give people incentives for donating them.

The situation is dire. Some 93,000 Americans are now on the list to receive donated organs; last year, fewer than half got them. Twenty Americans fdie every day waiting for an organ that never comes.

No one seems to doubt that paying people to donate their organs after they die would dramatically increase the number of organs available - but government bodies hesitate to allow it.

Sometimes, this reaches the height of Orwellian doublespeak. At last month's meeting of the President's Council on Bioethics, Dr. Peter Lawler declared that the very idea that people own their organs was an "offense [to] dignity."

HHS and the President's Council are considering presumed consent because appeals to altruism aren't producing enough donations. So why won't they consider letting donors get compensation? It could be cash, tax deductions, lower insurance premiums or health-care benefits.

Right now, the National Organ Transplant Act prohibits all of the above. This 1984 law makes it a crime "to knowingly acquire, receive or otherwise transfer any human organ for valuable consideration for use in human transplantation."

In banning the sale of organs, Congress was reacting to abuses involved in black-market organ sales in developing countries. Since then, Congress has considered several incentives; in 1986, it decided to pass a "required request" provision that obliges hospitals to ask relatives about donating organs whenever anyone who could serve as a donor dies. This did boost donations, but not enough to keep pace with growing demand.

Some fear that legalizing payment for organs will lead to people being murdered and plundered for the riches of their innards. It's a fair concern, but paradoxically, more of a worry when payments are prohibited than when they're allowed. The current ban has created a thriving black market that wouldn't exist if there were a legal means of buying organs.

The Organ Procurement and Transplantation Network, created by Congress in 1984, could maintain the exclusive right to broker the sale of cadaver organs and keep the arrangements strictly confidential. Hospitals and others with legitimate interests in buying organs could be barred from accepting them without proof that their owners had expressed a desire to sell or donate them. The OPTN could use the revenues it received for organs to cover funeral expenses or simply contribute them to the estates of the deceased.

If direct payments cause queasiness, Congress could legalize insurance incentives or tax breaks for those who agreed to donate their organs. Insurance companies could provide discounts for organ donors, as they do for non-smokers.

Each of these proposals has its pros and cons, but HHS and the President's Council should at least consider having Congress amend the Transplant Act to allow incentives before rushing to suggest that governments go cannibalizing the dead.

This article appeared in the New York Post on November 2, 2006.


TOPICS: Business/Economy; Culture/Society; Editorial; Government
KEYWORDS: bioethics; blackmarket; cultureofdisrespect; ethics; government; libertarianism; liberty; moralabsolutes; organdonation; organdonors; organowners; organsellers; organselling; regulations
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To: Tolerance Sucks Rocks

Does this mean the government will have oversight power over your life out of fear of how you could potentially harm federal property? Hmmmm.....

It makes me sick how the libs and elites think of every little insect as sacred and human beings as just meat.


21 posted on 11/13/2006 1:26:59 PM PST by swampmonster
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To: cherry

"we can't even afford vacinations free of charge to all children"

What state do you live in? Child vaccination for free is available in CA and I suspect many other states too.

True, there is no FEDERAL free vaccination program, but none is needed.


22 posted on 11/13/2006 1:27:35 PM PST by DBrow
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To: edcoil

Until you wake up in your Topeka hotel room in a bathtub full of ice with "Call 911 - We took one of your kidneys" written in lipstick on the mirror.


23 posted on 11/13/2006 1:28:28 PM PST by Cletus.D.Yokel (No...really...it happened to my cousin's wife's brother-in-law's adopted son.)
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To: just me

I'm making certain that they won't want my liver!


24 posted on 11/13/2006 1:30:00 PM PST by Cletus.D.Yokel (Genetically my heart is a no-go and, well, I can take up smoking again for my lungs.)
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To: FourPeas
The Mickey Mantle's?

Frankenstein medicine at its best. What times we live in! Some say it is the honorable thing to do to give one's organs but maybe it is ultimate arrogance believing you are deserving of someone else's organs. You can't say they are dead because they can't be dead to harvest the most desirable organs.

25 posted on 11/13/2006 1:31:06 PM PST by Snoopers-868th
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To: Cletus.D.Yokel
Kidney theft has never happened. http://www.snopes.com/horrors/robbery/kidney.asp
26 posted on 11/13/2006 1:31:09 PM PST by Koblenz (The Dem Platform, condensed: 1. Tax and Spend. 2. Cut and Run. 3. Man on Man)
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To: cripplecreek
Isn't the organ grab.... ROFL!!!!

HAhohee hee hee hee....oh my aching sides. 'Spose they could get Moog or Kurtzweil to sponsor the event?

27 posted on 11/13/2006 1:33:43 PM PST by wbill
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To: Tolerance Sucks Rocks
I own a music store and I sure could use alittle help with my organ inventory.

Howsa 'bout a Hammond?

28 posted on 11/13/2006 1:34:09 PM PST by Young Werther
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To: Koblenz

You did read my tagline from that post, right?


29 posted on 11/13/2006 1:36:09 PM PST by Cletus.D.Yokel ([algore] I invented Snopes.com [/algore])
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To: Tolerance Sucks Rocks

"Organ Grab" ???

Here is a headline for you all to work with.


30 posted on 11/13/2006 1:38:45 PM PST by hophead ("A questions not really a question, if you know the answer too.")
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To: pnh102
"You could solve the organ shortage problem overnight if people were allowed to sell their organs."

I tried that and got arrested for soliciting!!!!
31 posted on 11/13/2006 1:39:49 PM PST by hophead ("A questions not really a question, if you know the answer too.")
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To: FourPeas; jan in Colorado; EagleUSA; swampmonster; COEXERJ145; Hildy
Ah, so The Government owns my organs.

The Government Owns Your Life...of course they own your organs. You supposedly have no right to take your life--why should you have a right to take your organs with you.

This is one more beat in the goosestep march of the Culture of DisrespectTM, which doesn't care about your individual rights, desires, preferences, beliefs, etc. All that matters is what is good for the hive others. "Lives" count as a mass and as nameless numbers--not as individuals. Learn their chant and get on-board: "Life At All Costs!"

32 posted on 11/13/2006 1:41:46 PM PST by Gondring (I'll give up my right to die when hell freezes over my dead body!)
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To: Tolerance Sucks Rocks

Considering the shape my body is in, anyone getting suckered into taking my organs would be better off with what they were born with.

They say the body is a temple.

Upon my death you should know, I've desecrated this temple and left nothing of value.

You have been warned.


33 posted on 11/13/2006 1:44:02 PM PST by Dr.Zoidberg (Mohammedism - Bringing you only the best of the 6th century for fourteen hundred years.)
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To: Tolerance Sucks Rocks
As John Prine said in "Please Don't Bury Me". "Please dont bury me Down in that cold cold ground No, Id druther have em cut me up And pass me all around Throw my brain in a hurricane And the blind can have my eyes And the deaf can take both of my ears If they dont mind the size Give my stomach to milwaukee If they run out of beer Put my socks in a cedar box Just get em out of here Venus de milo can have my arms Look out! Ive got your nose Sell my heart to the junkman And give my love to rose"
34 posted on 11/13/2006 1:44:19 PM PST by hophead ("A questions not really a question, if you know the answer too.")
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To: cherry
"we have no choice where are organs go...."

Exactly right. One of the local transplant hospitals broke it's own transplant rules to give an organ to a homosexual activist dieing of AIDS. The guy is famous for throwing condoms around St. Patrick's Cathedral during mass.

End result, I check NO on organ donation.
35 posted on 11/13/2006 1:45:31 PM PST by Varda
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To: Tolerance Sucks Rocks
At last month's meeting of the President's Council on Bioethics, Dr. Peter Lawler declared that the very idea that people own their organs was an "offense [to] dignity."

Any time the word "ethics" appears anywhere in someone's title, you can sure that they have none.

Also, this line of thinking is what leads to UPD (Unilateral Personal Disarmament, a.k.a. gun bans). Since you don't own your body, you have no right to defend it.

36 posted on 11/13/2006 1:45:36 PM PST by Disambiguator (;^))
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To: Tolerance Sucks Rocks

Does this mean that government will now control how much Tylenol I might consume because if I take too much or mix Tylenol with alcohol, I might harm my liver, a popular organ for donation?????? Does this mean that I can't have that second piece of birthday cake because it might clog my arteries and harm my heart? Does this mean that I can only have pizza once every six months?


37 posted on 11/13/2006 1:45:37 PM PST by petitfour
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To: Tolerance Sucks Rocks

bump


38 posted on 11/13/2006 1:46:24 PM PST by VOA
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To: Gondring
Please do not ping me to threads in which I am not already participating.

Thank You.

39 posted on 11/13/2006 1:46:33 PM PST by COEXERJ145 (Just one day without polls would be nice.)
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To: petitfour
Does this mean that government will now control how much Tylenol I might consume because if I take too much or mix Tylenol with alcohol, I might harm my liver, a popular organ for donation?????? Does this mean that I can't have that second piece of birthday cake because it might clog my arteries and harm my heart? Does this mean that I can only have pizza once every six months?

No fair...you're looking ahead!

40 posted on 11/13/2006 1:48:50 PM PST by Gondring (I'll give up my right to die when hell freezes over my dead body!)
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