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Human Transplantation (Wales) Act 2013
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Human Transplantation (Wales) Act 2013 : ウィキペディア英語版
Human Transplantation (Wales) Act 2013

The Human Transplantation (Wales) Act 2013 (anaw 5) ((ウェールズ語:Deddf Trawsblannu Dynol (Cymru) 2013)) is an act of the National Assembly for Wales, passed in July 2013. It permits an opt-out system of organ donation, known as ''presumed consent'', or ''deemed concent''. The act allows hospitals to presume that people aged 18 or over, who have been resident in Wales for over 12 months, want to donate their organs at their death, unless they have objected specifically. The act varies the Law of England and Wales in Wales (still applicable in England), which relied on an opt-in system; whereby only those who have signed the NHS organ donation register, or whose families agreed, were considered to have consented to be organ donors.
The law will come into effect in 2015, to allow time for a Welsh Government public information campaign to take effect.〔
The act is considered by the Welsh Government to be the "most significant piece of legislation" passed in Wales since additional lawmaking powers were acquired by the Assembly in 2011, under the Government of Wales Act 2006.
==Background==

The Human Tissue Act 2004 (c 30) consolidated previous legislation in the United Kingdom (excluding Scotland, where the Human Tissue (Scotland) Act 2006 was enacted) and created the Human Tissue Authority to "regulate the removal, storage, use and disposal of human bodies, organs and tissue". Under the act, for organs (hearts, lungs, livers, pancreas and kidneys and corneas) to be available for transplant, a person must consent to their use on an 'opt-in' basis. That is, it is presumed that a person does not want to donate their organs, unless they indicate otherwise by: carrying an organ donation card; joining the NHS organ donation register; writing it down; or telling their relatives.
A 2003 survey by UK Transplant (now part of NHS Blood and Transplant) showed 90 per cent UK public support for organ donation in principle. In practice, however, organ donation was significantly lower, due mainly to the refusal by 40 per cent of relatives to give their consent for donation. In 2008, the UK had one of the lowest organ donation rates in Europe, at 13 donors per million of population (pmp). Spain had the world's highest donor rate, at 35 pmp. Spain's organ donation programme uses the 'opt-out' system, which has led many people, including the Chief Medical Officer for England, Liam Donaldson and the then Prime Minister Gordon Brown, to believe changing to a system of presumed consent would increase the incidence of organ donation in the UK. The Organ Donation Taskforce, set up by the UK Government in 2006, considered Spain's relative success. According to Taskforce member, Dr Paul Murphy, "There is an association between countries with presumed consent and higher donation rates, but we could not see that link was a causal one." 〔 However, in an article entitled ''Time to move to presumed consent for organ donation'', the British Medical Association argued that "the taskforce did not consider all the relevant evidence, particularly on relatives' refusal rates, and that the current policy, however reinforced, will not substantially increase the number of organs available. By modelling different scenarios, we show that only a policy of presumed consent will substantially increase the number of organs available for transplantation".
A report by the British Medical Association, published in the British Medical Journal in January 2009, found that of the countries studied (Spain, Austria, and Belgium), "all reported an increase in donation rates after the introduction of presumed consent". Nevertheless, the report concluded "Presumed consent alone is unlikely to explain the variation in organ donation rates between countries. Legislation, availability of donors, organisation and infrastructure of the transplantation service, wealth and investment in health care, and public attitudes to and awareness of organ donation may all play a part, but their relative importance is unclear".
In 2008, the charity Kidney Wales Foundation established ''Opt for Life Cymru'', with ''People Like us Cymru'', the Welsh Kidney Patients Association, the British Heart Foundation, the British Lung Foundation, Diabetes Cymru, Cystic Fibrosis and the British Medical Association, to campaign to change the law in Wales to a 'soft opt-out' system of organ donation.
Donation rates improved following the implementation of recommendations made in 2008 by the Organ Donation Taskforce. By 2012, the donation rate in the UK was 17.4 pmp. Donation rates in Wales continued to be higher than in the other countries of the UK. In 2012, the rate in Wales was 24.9 pmp.
Detailed cost-benefit analyses were published by the Welsh Government in 2012 as part of their Regulatory Impact Assessment. Net savings forecast, over a ten-year period, were: £3.392m per additional kidney transplant; £5.624m per additional liver transplant; £2.434m per additional heart transplant; £0.65m per additional lung transplant. The figures were calculated using transplant related costs against savings of medical management, to which quality-adjusted life year benefits (calculated by the UK Department of Health in 2006) were added. More people are on the waiting list for organ donation than organs are available. In Wales, 33 people died in 2012/13 while waiting for an organ.〔 In September 2012, 237 people in Wales were on the waiting list for an organ. In 2011/12, 67 people became organ donors in Welsh hospitals. Potentially, each donor could provide up to nine organs for transplant. The Welsh Government hope organ donation rates will increase by 25 per cent following the introduction of a soft opt-out system.〔
According to those in favour of presumed-consent, an opt-out system increases the number of organs available for transplant. However, according to those in favour of an opt-in system, no evidence exists to show an increase following such a change to the organ donation system.

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