In 1984, with the passage of the National Organ Transplant Act (NOTA), the U.S. organ allocation system ushered in fundamental changes. This history not only reveals the legal framework for organ transplantation, but also reflects in-depth thinking on human rights and ethics. The passage of NOTA was a positive response to the growing organ shortage at the time and set new standards for organ donation and transplantation.
Before 1984, the United States had no clear legal regulations on the property rights of human remains. The law at that time only allowed relatives to decide the burial or disposal method, but could not legally sell or transfer the organs, which to some extent prevented the emergence of a black market in organs. However, as the demand for organs increases, criminals take advantage of this loophole and begin trying to make illegal profits outside the hospital.
In 1983, H. Barry Jacobs publicly announced that he would trade human organs on the market, a plan that aroused widespread concern and outrage from society.
This bill establishes the legal basis for organ donation and regulates the acquisition and distribution of organs. The bill explicitly prohibited the transfer of human organs in exchange for money, which was particularly important in the context of the time because it was intended to resist the commercial trend of organ trade.
Chapter 1 provides that the Organ Procurement and Transplantation Task Force established by the Secretary of Health and Human Services will be responsible for managing the processing and distribution of organs from deceased persons. Members of the working group are composed of experts in various fields, covering medical, legal and ethical issues.
Chapter 2 establishes Organ Procurement Organizations (OPOs) whose purpose is to increase the number of registered deceased organ donors and coordinate the donation process when a donor becomes available. The chapter also created the United States Organ Procurement and Transplantation Network (OPTN) to facilitate organ matching and allocation.
OPTN's responsibilities include developing consensus policy, collecting and managing scientific data on organ donation and transplantation, and maintaining a secure system for the national organ transplant waiting list.
NOTA clearly states that no one may obtain, accept or transfer human organs for money or other valuable considerations. If you break the law, you could face up to five years in prison and a $50,000 fine.
Although NOTA has successfully cracked down on the commercialization of organ trading, there are still many controversies. Some commentators believe that if organ transplantation becomes a commercial practice, it may put pressure on economically disadvantaged groups and lead to improper donation practices.
The establishment of these price points may unfairly treat people who cannot afford the cost, and may even increase their health risks.
Since 1984, NOTA has undergone several revisions to further improve the legal framework for organ distribution. In particular, the 1990 revision established a federal registry to record information on all organ transplant recipients, enhancing transparency and accountability. These developments have not only improved the management of organ transplantation, but also increased society's awareness of organ donation.
Although the National Organ Transplant Act has become the cornerstone of the U.S. organ donation and transplantation system, in today's society, how to balance the contradiction between human rights protection and organ demand is still an urgent problem that needs to be solved. Perhaps, with the advancement of technology and changes in social concepts, we can reach a more reasonable organ allocation model in the future to meet the needs of each patient. Can this become our consensus and goal?