By Stu Johnson
http://stream.publicbroadcasting.net/production/mp3/wkms/local-wkms-890558.mp3
Frankfort, KY – An organ donation bill in the Kentucky senate stirred debate over how they're acquired. As Kentucky Public Radio's Stu Johnson reports, Wednesday's debate pitted two high ranking GOP leaders over some of the moral issues.
Instead of a donation, a leading state senator worries such a law could make organ donation almost mandatory. Currently, a potential donor must consent. If the donor is not conscious, then consent must be gotten from a spouse. If there's no spouse, then doctors must go to a potential donor's parents. But, according to Senate President Pro-tem Katie Stine, the bill passed by the judiciary committee shifts away from the concept of "expressed consent" to "assumed consent"..
"It is a noble and great gift for someone to expressly give their organs but this bill moves us away from gifting and toward taking."
.Stine says the definition of donor in the bill is very universal and refusal requires an elaborate process.
Stine's concerns prompted a response form Senate president David Williams. Williams is sponsoring the bill, which is known as the "Anatomical Gift Act.' He says similar laws can be found in 40 other states .
"This is a pro life bill that will save lives and it will educate the public to the protocol that are available in a very trying time of people's lives."
Williams says no where in the bill does it assume a patient has agreed to organ donation. That point was repeated by Paul O'Flynn, who directs Kentucky Organ Donor Affiliates
"This is not an opt in system, this is not a European system we have always since the implementation of transplantation and organ recovery in the state of Kentucky and the implementation of KODA we have always respected the wishes of the family."
If the prospective donor has not expressed an opinion about donation and cannot do so, O'Flynn says the bill would also allow doctors to consult grandparents. That's important because more grandchildren today rely on their grandparents as primary care providers.
If such a bill becomes law, Bruce Lucas, who's the group's president, says organ donations in Kentucky could increase by 20 to 30 percent
"Another 100 organs a year that probably ultimately can be attritubed to the fact that passage of this bill has clarified the process."
Such public disagreements between party leaders are rare. Senate President David Williams may head the upper house, but, Katie Stine often controls the gavel during daily sessions. Williams predicts the difference of opinion on the organ donation bill will not cause a permanent riff among Republicans
"We don't agree on everything we don't have binding caucuses"
When asked if he expects opposition on the senate floor, Williams responded , I expect this bill to become law.'