Organ Donation Legislation Organ Donation Legislation The Manitoba Law Reform Commission (MLRC) is considering reforms to Manitoba's organ donation legislation under The Human Tissue Gift Act. The MLRC is interested in hearing from members of the public, health professionals, the legal profession, and other interested persons and groups, so that the MLRC's recommendations will be practical and meaningful. Please take the time to fill out this survey to provide your thoughts on organ donation in Manitoba. Thank you. The full consultation paper can be found at www.manitobalawreform.ca OK Question Title * 1. Please check all that apply: I am a registered organ donor in Manitoba I have donated an organ/tissue I am an organ/tissue recipient I am on a waitlist to receive an organ/tissue I work in a healthcare field I am a practising lawyer I am an interested member of the public Other (please specify) OK Question Title * 2. Currently, Manitobans may indicate their intent to become an organ/tissue donor by registering their consent with the online Sign Up For Life Registry. Without this express indication of consent, Manitobans will not become organ or tissue donors after death. Some other jurisdictions are moving toward a "presumed consent" model, where a person's consent to donate is considered under law to have been given unless they have indicated their intention not to consent to having their organs/tissues donated after death.Are you in favour of a presumed consent framework for organ donation? Yes No Other (please specify) OK Question Title * 3. Under Nova Scotia's new presumed consent legislation, consent is presumed for the use of organs and tissues for transplantation purposes only. Consent will not be presumed for the use of organs/tissues for any other purpose such as medical education or scientific research.If Manitoba were to implement presumed consent legislation, what purposes should presumed consent apply to? Check all that apply. Transplantation Medical education Scientific research Other (please specify) OK Question Title * 4. Underlying any presumed organ and tissue donation regime is the principle that individuals have the right, during their lifetime, to refuse to donate their organs/tissues after death. In other jurisdictions, the method by which individuals may indicate their consent or refusal varies from entering their refusal in a central registry to less formal methods such as stating their objection to donate in writing or orally in front of witnesses.If Manitoba were to implement presumed consent organ donation legislation, how should individuals be able to indicate their intention to refuse to donate? Check all that apply. By submitting their intention to refuse in a central registry By stating their decision orally or in writing to a health care professional or designated organ donation network By stating their intention orally or in writing in the presence of a specified number of witnesses Other (please specify) OK Question Title * 5. If Manitoba were to implement presumed consent organ donation legislation, what steps should the body responsible for facilitating organ and tissue donation be required to take before organ and tissue donation activities may commence?Check all that apply. Confirm whether the person had indicated their consent or refusal to donate If the person had not indicated their consent or refusal, consult the individual's family members or others close to the individual to inquire into the individual's wishes Other (please specify) OK Question Title * 6. In some other jurisdictions that have presumed consent organ donation legislation, there are certain circumstances in which intentions regarding after-death organ or tissue donation do not need to be consulted prior to transplantation. If Manitoba were to implement presumed consent organ donation legislation, in what circumstances should the body responsible for facilitating after-death organ and tissue donation not be required to consult an individual's intentions regarding organ/tissue donation?Check all that apply. Where the individual clearly meets criteria for demonstrating that their organs or tissues would not be medically suitable for use in another person Where the health care professional who has determined the death of the patient has personal knowledge that the deceased individual would have made the decision to refuse to donate Where a physician or physicians attest in writing to the urgency of the transplantation and the serious hope of saving a human life or improving its quality to an appreciable degree Other (please specify) None of the above OK Question Title * 7. Nova Scotia's new legislation sets out certain circumstances in which presumed consent will be inappropriate and thus will not apply.If Manitoba were to implement presumed consent organ donation legislation, should it contain any exceptions to the presumption of consent?Check all that apply. Minors (i.e. individuals under a certain prescribed age) Individuals not ordinarily resident in the province for a period of 12 months immediately preceding death Individuals who are followers or members of certain prescribed religions, associations or groups Individuals who lack mental capacity to make decisions regarding organ or tissue donation after death Other (please specify) None of the above OK Question Title * 8. Under presumed consent organ donation frameworks, certain individuals, known as "substitute decision makers", may, under certain circumstances, consent or refuse to the use of another person's organs or tissues on their behalf.If Manitoba were to implement presumed organ donation legislation, who should be empowered to act as a substitute decision maker in this capacity?Check all that apply. Persons authorized to give consent under legislation pertaining to healthcare decisions (such as a Power of Attorney) A guardian or representative under substitute decision making legislation (e.g. a Committee) A child of a deceased individual A parent or guardian of a deceased individual Other close relatives of a deceased individual Other (please specify) None of the above OK Question Title * 9. If Manitoba were to implement presumed consent organ donation legislation, under what circumstances should substitute decision makers be able to consent or refuse to organ/tissue donation after death on someone's behalf?Check all that apply. Where an individual has recorded their intentions regarding donation in a centralized registry, but the substitute decision maker has information that would lead a reasonable person to conclude that the individual would have made a different decision Where an individual has not recorded a decision regarding organ donation in a centralized registry (resulting in deemed consent) but the substitute decision maker has information that would lead a reasonable person to conclude that the individual would not have consented to donation after death Where an exception to presumed consent applies (for example, if the presumption of consent did not apply because the person lacked the mental capacity) Other (please specify) None of the above OK Question Title * 10. The MLRC would like to hear about other issues related to The Human Tissue Gift Act and laws regarding organ donation. Please let us know if you think there are other issues the MLRC should consider.If you prefer, you can also send us an email at firstname.lastname@example.org to provide your comments. OK DONE. THANK YOU.