Quebec may adopt presumed consent for organ donation

Quebec may adopt a major paradigm shift in organ donation.

Instead of requiring proof of consent from a deceased patient, the patient's status as a donor would be presumed until proven otherwise.

This reverse onus is intended to increase the number of donors. Nova Scotia became the first Canadian province to adopt the practice in January 2021, and the number of donations has indeed increased significantly.

Quebecers who do not want their organs removed would be responsible for indicating their refusal by signing a sticker on the back of their health insurance card or registering online.

Bill 194, "An Act to establish a presumption of consent to organ and tissue donation after death," was introduced Wednesday by Pontiac MNA André Fortin.

The Liberal health critic had already submitted the same legislative text in 2019, but the government never submitted the document to parliamentarians.

"This is a measure that has been requested by many patients waiting for organ donation," said Fortin. "It is a bill that is simple to understand, simple to pass, and there seems to be a consensus among the different parties."

Déposé! Voici le projet de loi sur le consentement présumé du don d’organes. Une avancée pour faciliter le don d’organes au Qc. J’espère la collaboration de mes collègues pour l’adopter. Qu’en dites-vous, ⁦@cdube_sante⁩⁩, ⁦@vmarissal⁩, ⁦⁦@joel_arseneau⁩? pic.twitter.com/lvmx3axAc9

— André Fortin (@AvecAndreFortin) April 26, 2023

This time, Fortin believes the bill will go forward since he has the support of Health Minister Christian Dubé. The latter confirmed his interest in a press scrum.

"The subject is very important. A bit like medical aid in dying, it is a project that should be a priority," said the minister, who proposed putting it on the fall agenda.

"If we can improve the possibility for patients to have organ donations, I think we should work on it in a non-partisan way," he added, referring again to work done on the issue of medical assistance in dying.

LAST WORD TO LOVED ONES

Right now, the final say on whether or not to proceed with organ retrieval rests with the deceased's family. This right would remain in place under the proposed legislation.

"Yes, family members should be able to continue to give notice of a past conversation they have had with the deceased or their opposition," said Fortin. "The family can still register their opposition."

Part of the outreach work, he says, falls to the medical teams. "That's where the importance of having health care professionals well equipped to talk to families becomes even greater."

This family veto is also the reason why people are strongly encouraged to discuss their wishes regarding organ donation with their loved ones.

According to Transplant Quebec data for 2022, 171 donors made it possible to recover 584 organs that benefited 483 people.

This report by The Canadian Press was first published in French on April 26, 2023.