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Alexandra K. Glazier, JD, Alexandra K. Glazier, JD,

Alexandra K. Glazier, JD, - PowerPoint Presentation

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Alexandra K. Glazier, JD, - PPT Presentation

MPH DCD Ethics Next Speaker Sponsored by DCD Ethics Alexandra K Glazier JD MPH VP amp General Counsel New England Organ Bank Chair OPTNUNOS Ethics Faculty Boston University School of Law ID: 295977

death dcd donor donation dcd death donation donor withdrawal rule dead recovery organs support authorization legal decision declaring prior declared patient discussion

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Presentation Transcript

Slide1

Alexandra K. Glazier, JD, MPHDCD Ethics

Next Speaker:

Sponsored bySlide2

DCD EthicsAlexandra K. Glazier, JD MPHVP & General Counsel New England Organ Bank

Chair, OPTN/UNOS EthicsFaculty, Boston University School of LawSlide3

US DCD Donors: 2000 - 2012Slide4

LCNW DCD Donors by Year2013 Total Projected From 9 MonthsSlide5

The origins of DCDThe first transplantations from deceased donors were DCD

The establishment of brain death criteria in 1968 from Harvard report changed the course of donationHistorical ethical and legal uncertainty of withdrawal of supportSlide6

The origin of DCD controversyWithdrawal of support is a component of DCD

VoluntarinessDeath declaration and recovery of organs occur within very short time frame

Dead donor ruleSlide7

The origin of DCD controversyWithdrawal of support

Constitutional right Ethically supported by autonomy

Based on medical determination of futility Slide8

The origin of DCD controversyDeath declaration and recovery of organs occur within very short time frame

Is the Dead Donor Rule met? Slide9

DEAD DONOR RULEThe recovery of donated organs shall not cause the donor’s deathSlide10

DEAD DONOR RULE Ethical PrinciplesRespect for personsBeneficence

Public trustSlide11

DEAD DONOR RULE Legal basis?

HOMICIDE Slide12

DEAD DONOR RULEThe donor must be declared consistent with medical and legal standards prior to the recovery of vital organsSlide13

Declaring Death in DCDThe Uniform Determination of Death Act (UDDA)

State law UDDA establishes 2 criteria for death declarationIrreversible cessation of circulatory function

or Irreversible cessation of whole brain function Slide14

Declaring Death in DCD“irreversible” is understood as “permanent”

Circulation will not be restoredBrain function will not be restored Slide15

Declaring Death in DCDDonation after Circulatory Death (DCD)

The patient’s circulation has permanently ceasedWill not auto-resuscitateWaiting period after

asystole prior to declarationWill not artificially be resuscitated

Context of planned withdrawalSlide16

Declaring Death in DCDAdheres to the Dead Donor rule

The patient is declared consistent with UDDA prior to the recovery of organsThe UAGA prohibits a member of the transplant team from declaring deathPotential conflict of interest avoidedSlide17

Timing of the Discussion and Authorization for DCDThe

dead donor rule does not preclude discussion of or consent to donation prior to deathSeparating out the withdrawal decision from the donation decision

Respect for personsBeneficenceAvoid undue pressureSlide18

Discussion and Authorizing DCD“Decoupling”

Institute of Medicine (IOM) reportThe decision to withdraw should be made independent of and prior to donation discussion

Ethical firewall

Context of surrogate consent for bothSlide19

First Person Authorization and DCDThe UAGA governs donation after deathRegardless of how death is declared

Donor designation authorizes donation after deathRegardless of how death is declaredSlide20

First Person Authorization and DCDAuthorizing donation does NOT also authorize withdrawal of support

Surrogate consent for withdrawal of requiredWithdrawal must be done in way that allows DCDTimeframe and mannerSlide21

Legal Constructs in DCD

Anatomical

HealthCare

Decision

Gift

Withdrawal of Support

Donation

Death Declared

AsystoleSlide22

CaseA patient is referred to the OPO for potential DCD. The OPO confirms that the patient is a registered donor. After the decision to withdraw is made the family is approached about donation. Slide23

Which of the following should happen next:

If the family agrees to donation they should sign the authorization formThe family should be informed that the donor has given legal permission for donation and be provided info about the DCD process

If the family agrees to donation then they should be informed that the donor gave permission for donation but since the patient has not yet died they need to sign the authorization form