In the opting-out system, currently employed in Canada only in Nova Scotia, 2 individuals may register their consent or refusal to donate in the provincial donor registry, which is to be consulted before any transplantation activity. Such consent can commonly be given when a prospective donor registers with a provincial donor registry such as BC Transplant or Ontario’s Trillium Gift of Life Network, or when renewing one’s health card or driver’s license, or can be given more contemporaneously by the patient or substitute decision-maker (SDM). In the opting-in systems, the express consent of the donor or other specified individual is required. 1Īll provinces and territories except Nova Scotia operate opting-in systems. Requirements for consent to donate organs and tissue are addressed in provincial and territorial statutes (in Québec, consent for such donations is addressed in the Civil Code). Indeed, the CMPA is not aware of any legal actions or regulatory authority (College) complaints arising from organ and tissue donations in Canada in the past 10 years. Physicians who act in good faith and are reasonably satisfied that valid consent has been given are unlikely to face medico-legal difficulties. By gaining an understanding of the regulatory requirements governing organ and tissue donation, physicians can be confident they are effectively meeting their obligations to patients and their families, and potentially helping to increase the limited supply of transplantable organs. Physicians may also worry about exposing themselves to complaints or legal actions when taking part in harvesting and transplanting organs and tissue. Physicians involved with post-mortem organ and tissue donations may be concerned about informed consent-particularly, who can provide it and how it should be obtained. Originally published February 2017 revised April 2021
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