Rep. Barbara Rachelson Credit: File: Matthew Thorsen

Rep. Barbara Rachelson (D-Burlington) was hoping to boost the number of Vermonters who are registered to donate their organs when they die.

As Rachelson approached fellow legislators about signing on to a bill, some proudly told her that they were registered as donors, only to pull out their driver’s licenses to discover it wasn’t true. That shows how people often intend to sign up, but put it off, Rachelson said.

So Rachelson and 10 cosponsors authored a bill that would presume all Vermont adults consent to being organ donors unless they specifically opt out. That’s the practice in some countries, including Spain and Austria, but apparently in no U.S. states.

The concept shocked former state representative Pat McDonald when she came across the bill. “This bill takes the term ‘big brother’ to a whole new meaning,” McDonald said. “This is my body. I get to choose.”

Rachelson said she and other sponsors have heard that criticism since the bill was introduced January 23, and were surprised. In retrospect, she said, she might have found another way to word the bill.

“My intent is not to force or trick anyone, but to make it as easy as possible for people to opt in or out,” Rachelson said. “We need to make it easier for people to become donors.”

A recent change in license renewals has led to more potential donors. Since 2013, Vermonters have been asked whether they want to register as an organ donor when they apply for a driver’s license. In 2014, nearly half registered as donors, according to DMV statistics.

The license application asks: “Do you wish to be or continue to be registered as an organ & tissue donor?” Those who check yes end up with a small red heart on the bottom right corner of the driver’s license and are added to an online registry.

Before 2013, drivers could sign the back of their license to show consent to donation, but the information was not linked to a registry and was often unavailable at the crucial moment. 

Vermonters can also register as organ donors through Donate Life Vermont.

The state has a 90 percent rate of organ donations when the opportunity arises, said Bob Opel, clinical donation specialist in organ recovery at the University of Vermont Medical Center.

Those instances are not common. “You have to come to the end of life in very particular circumstances,” he said. Most donors are on a ventilator and are brain dead, he said. In 2014, 10 dying people met the criteria for organ donation and nine consented, either by having registered as organ donors themselves or through family members, Opel said.

Opel said that when a qualifying patient comes in, typically in an emergency situation, he first checks the organ registry, and then approaches family members. It helps, Opel said, for family members to know what the person would want, and it is often a relief for family members to learn that the patient had declared his or her wishes by registering as an organ donor.

“At a very bad moment for the family, it’s … affirming that the loved one had a wonderful heart … it gives them comfort to honor that wish,” Opel said.

If state law were to presume that all adults have consented to be donors unless they’ve opted out, Opel said, that would change the discussion with family. “I don’t know how it would work,” he said.

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Terri Hallenbeck was a Seven Days staff writer covering politics, the Legislature and state issues from 2014 to 2017.

7 replies on “Lawmakers Ponder Organ Donation Policy”

  1. “So Rachelson and 10 cosponsors authored a bill that would presume all Vermont adults consent to being organ donors unless they specifically opt out. That’s the practice in some countries, including Spain and Austria, but apparently in no U.S. states.”

    This is the United States where citizens have individual liberties; not some country where the government is in control of many aspects of peoples’ lives, even after death.

    “In retrospect, she said, she might have found another way to word the bill.”

    The ultimate elitist attitude. If I say or word it differently people will do as I say. How about we just get the “opt in” back on drivers’ licenses? No amount of re-wording this is going to make it palatable. I am all for organ donation, but to assume someone’s consent is just another situation of passive coersion, even after someone’s death.

  2. The “Soylent Green” bill.
    Vermont was the first state to outlaw slavery and the first to reintroduce ownership of people by the government.
    How repugnant are these politicians?
    They need to resign their seats in Montpelier as they are not worthy of their title.
    Our Founding Fathers could NEVER have imagined a government of Progressives who would dissect their citizens!

  3. How dare someone just decide to take all of VT’s adults organs! I am extremely agree an disgusted that someone would try an do such a thing! If someone wants to donate their organs it should be their choice not some lawmakers choice.

  4. “My intent is not to force or trick anyone, but to make it as easy as possible for people to opt in or out,” Rachelson said. “We need to make it easier for people to become donors.”

    Well do you remember when you said “some proudly told her that they were registered as donors, only to pull out their driver’s licenses to discover it wasn’t true. That shows how people often intend to sign up, but put it off”

    Well organ donation violates my religious beliefs. What if I were to forget to opt out in the same way you suggest your friends forgot to opt in? My organs would be donated against my beliefs. This bill is entirely unacceptable and just confirmed for me why I have quit voting Democrat. In the past few years I have seriously started to consider that the Democratic party has gone totally bat$hit crazy and now I have no question whatsoever.

  5. Why not bypass the ethical issue altogether?

    Everyone who applies for a driver’s license fills out an application form. Put TWO boxes on the form. One says “I am an organ donor,” or words to that effect. The other says “I am not an organ donor.” No license will be issued unless one or the other is checked.

    Since almost all adult Vermonters have a driver’s license, almost all will make a decision which can then be entered in the registry. The opt-in/opt-out debate is bypassed, because there is no default option.

  6. They signed me up for organ donation when I didn’t consent, for all I care California Organ Donation is a bunch of cheats and frauds.

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