Parliament unanimously passes new organ donation law

Organ retrieval can be made following circulatory death rather than only after brain death

Parliament unanimously passed changes to organ donation laws allowing organs to be retrieved following circulatory death rather than only after brain death.

The changes will mean that donations could increase by as much as 50 per cent, Health Minister Jo Etienne Abela said.

On Tuesday evening, parliament fast-tracked the bill, holding the debate stage (second reading), committee stage, and the final vote (third reading) in one sitting.

This means the law will officially change in the coming days once it is published in the Government Gazette.

Currently, organ retrieval is only permitted following “brain death”, when all brain functions have irreversibly ceased.

The changes will shift to a so-called DCD model that allows organs to be harvested after “circulatory death”, which occurs when the heart and lungs stop functioning permanently.

Originally proposed by opposition MP Ivan Bartolo, the bill initially sought to introduce an opt-out model for organ donation.

However, following opposition from the Church and a consultation exercise, the opposition and government agreed to change the plans and introduce the “circulatory death” model.

The bill that passed all of parliament’s stages on Tuesday had the support of academics, senior medical staff and the Church.

Health Minister Abela said that, following discussions, the government learned that an opt-out model was not as necessary as first thought.

“We are an altruistic country; the vast majority of family members who are faced with the choice decide to donate organs,” Abela said.

He said that the measure will especially help renal patients who are awaiting a kidney transplant.

“In our country, this condition is not rare at all,” he said.

Speaking on behalf of the opposition, Bartolo said that organ donation is only possible because the country trusts its medical professionals.

He said that the law ensures that recently deceased bodies are treated with respect, and that the criteria for determining whether someone has suffered circulatory death are clear and rigorous.

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