A state senator says his radical proposal to increase Rhode Island's supply of body organs -- which are urgently needed for transplant operations -- will itself undergo major surgery only weeks after he filed his bill. Senator Leo R. Blais (R-Coventry), says the plan is so controversial within the medical and legal fields that he has decided to completely change his approach.

On February 13, Blais filed a bill to make all licensed drivers in Rhode Island potential organ donors, unless they signed a form declining to be donors. This would be the opposite of the current system. Drivers applying for licenses or renewals with the Division of Motor Vehicles may sign forms indicating that they wish to donate organs such as kidneys, hearts, and lungs, when they die.

Blais said he made the proposal after a friend, who suffered from an unusual disease, died while waiting donations for a double lung transplant. She left behind a daughter and husband. Only about 40,000 of the state's roughly 500,000 drivers have signed up as potential donors, says the legislator -- a pharmacist by profession. And he says he wanted to find a constructive way to increase the number of donors.

But the idea quickly raised alarms throughout the state, Blais says, so he plans to revise the bill, leaving the current sign-up system in place. Among the critics were officials with the American Civil Liberties Union, who said a program like Blais's might trample legal rights of deceased persons and their families. "The attempt to create an `opt-out' system just seems fraught with serious problems," says Steven Brown, Rhode Island ACLU director.

Some drivers might not read declination forms closely, while others might not have sufficient understanding of English or other languages to understand they had to take active steps to avoid being a potential donor. While Brown agrees that there's a pressing need for more organ donors, he says there are numerous instances of people who do not wish to donate -- some for religious reasons.

Helen Drew, a spokeswoman for the state Department of Health, said while the department has taken no stand on the issue, it has told Blais there are potential problems, including whether donors would receive enough information to properly consent to being donors.

Blais says he welcomed the feedback on the idea, and as a result, will amend his bill. He will now propose a central state registry of organ donors, which could help expedite the transplant process when there is a death, and health officials are checking to make sure a potential donor's wishes are being carried out. "We are trying to work with the administration and the registry to increase the educational piece, so that folks will understand what organ donation is about," Blais says.

Among the problems now, he says, is that many people won't consider organ donation, simply because thinking about their own deaths is so disagreeable.

There is a desperate need for organs.

According to the United Network for Organ Sharing, which administers the nation's organ network, 80,452 Americans are on a national waiting list -- and 17 die every day because an organ hasn't been available.

Issue Date: February 28 - March 6, 2003