The United States has undergone significant improvements in the organ transplant system since the National Organ Transplant Act (NOTA) passed in 1984.The bill not only defines property rights for human organs, but also creates a public-private partnership called the Organ Procurement and Transplantation Network (OPTN), which is responsible for the distribution of organs nationwide.
"OPTN is not only a manager of organ distribution, but also an engine that promotes the fairness and efficiency of organ transplantation."
Since the first network contract was established in 1986, the United Organ Sharing Organization (UNOS) has been operating as OPTN, aiming to ensure fairness and transparency in organ transplants.NOTA and its subsequent regulations require OPTN to be based on objective medical evidence and prioritize the fairness of patients undergoing transplantation based on the development of clinical practice and scientific knowledge.
Before NOTA was established, there was no clear legal framework for the property rights of human remains.The United States adopts the concept of "quasi-rights" for human remains, which means relatives can decide how to bury or deal with it, but they do not have the right to transfer or sell organs and tissues.As organ demand increases, the problem of organ shortages becomes increasingly obvious. Some people even try to buy organs outside hospitals, resulting in the gradual commercialization of the organ market.
"NOTA's passage is a harsh response to human organ trading, which makes organ trading illegal."
For example, in 1983, H. Barry Jacobs, head of a Virginia company, planned to buy and sell human kidneys for up to $10,000 and charge up to $5,000 in commission fees.The plan has attracted national attention and prompted lawmakers to act quickly.When NOTA is passed, the survival rate of kidney transplantation has reached 80%, and new drugs such as cyclosporine have also increased the survival rate of liver transplant patients to 70% in the first year after surgery.However, as organ demand rises, lawmakers realize the urgency of organ supply.
The first part of the National Organ Transplant Act requires the Secretary of Health and Public Services to establish a special team responsible for overseeing the handling of organs of late donors and the selection of recipients.The team consists of 25 members who handle all medical, legal, ethical, and organ transplant-related ethics