Legal/Regulatory

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Legislative and Regulatory Efforts for Donation and Transplantation

 

1998  Conditions of Participation (CoP) in Medicare/Medicaid Revised

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Requires hospitals to call the OPO on every death

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Requires that only OPO personnel, or persons trained and designated by the OPO, approach families about donation

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Reinforces preeminence of the donor card

 

1988  JCAHO Accreditation Standards Revised

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Required hospitals have written policies and procedures regarding organ/tissue donation as a part of the accreditation process.

 

1986 Omnibus Budget Reconciliation Act of 1986 (PL 99-509)

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Mandates working relationship with OPO for all hospitals receiving Medicare/Medicaid funds

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Mandates hospitals have written protocols for the identification of organ donors and procurement of organs

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Mandates Required Request

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Mandates OPO/Transplant Center participation in the OPTN (Organ Procurement Transplant Network).

 

1986 United Network for Organ Sharing (UNOS) obtained OPTN contract. See National Organ Transplant Act of 1984.

 

1984 National Organ Transplant Act (PL 98-507)

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Reflected federal government’s support for donation

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Coalesced regional/center waiting lists into a central repository

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Established Organ Procurement and Transplant Network (OPTN)

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Prohibited the sale/purchase of organs and tissues

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Established a Presidential Task Force – report issued in 1986

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Proposed organ allocation guidelines established by OPTN

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Proposed required request

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Proposed Designation for OPO’s

 

1968 Uniform Anatomical Gift Act (UAGA)

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First legislative attempt created to foster the development of transplantation

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Adopted by all 50 states by 1970

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Liability protection for healthcare professionals involved in donation

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Outlined legal consent order

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Recommended Uniform Donor Cards

Taken from "Laws Related to Transplantation", TDS Advisory Board Orientation Manual

 

  State-Specific Laws  

  Tennessee

 1999 “Tennesseans-First” Law

Tennessee legislature passes law requiring that organs recovered in the state be offered first to patients in the state before allowing them to be exported – appropriate exceptions included.

 

1997  William J. Warner/ Green Hills Rotary Club Organ Procurement Act

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Requires hospitals to call the OPO on every death

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Requires that only OPO personnel, or persons trained and designated by the OPO, approach families about donation

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Reinforces preeminence of the donor card

 

1995  Tennessee County Clerks’ “Donate A Dollar” Program

Allows a donation of one dollar upon registration or renewal of a motor vehicle license.

 

1992  Tennessee Transplant Society Statewide Sharing System Established

 

1990  Tennessee Donor Registry Created

Legislation established a donor registry through the Department of Safety Help Desk.

 

1983  Medical Examiner Law Revised in Tennessee

Gave precedence to donation over the Medical Examiner’s responsibilities.

 

1976 Tennessee passed Uniform Determination of Death Act

Defined brain death.

 

Regional Offices

Golden State Donor Services 1.916.567.1600 Referrals 1.800.762.8819 Fax  1.916.567.8300

Mountain Region Donor Services 1.423.915.0808  Referrals 1.888.562.3774 Fax  1.423.915.1170 

New Mexico Donor Services 1.505.843.7672 Referrals 1.800.843.7672 Fax  1.505.343.1828

Sierra Eye and Tissue Donor Services 1.916.569.0200 Referrals 1.800.762.8819 Distribution 1.800.435.5780 Fax  1.916.569.0300

Tennessee Donor Services Nashville 1.615.234.5251 1.888.234.4440 Referrals 1.800.969.4438 Fax  1.615.320.1655

Tennessee Donor Services  Chattanooga 1.423.756.5736 Fax  1.423.756.5904

Tennessee Donor Services Knoxville 1.865.588.1031 Fax 1.865.588.5903

Tennessee Donor Services Jackson 1.731.425.6393

Our Corporate Office

DCIDS Organ Services 1.888.234.4440

DCIDS Tissue Services 1.888.234.4399

DCIDS Tissue Orders 1.888.216.0319