In April 2019, the Government of Nova Scotia passed the new Human Organ and Tissue Donation Act. This legislation was proclaimed on June 30, 2020 and was enacted on January 18th, 2021.
The new legislation is a first in North America and has significant positive benefits for donor families and transplant recipients in the Atlantic Provinces and throughout Canada. New changes that may impact your clinical practice include:
Nova Scotia is the first jurisdiction in North America to adopt deemed consent.
In accordance with the new legislation, all potential organ donors MUST be referred to Legacy of Life, Nova Scotia’s organ donation organization (ODO). All potential tissue donors MUST be referred to the Regional Tissue Bank.
Referral for potential organ donors should be made at the time of suspected neurological death or prior to the withdrawal of life sustaining measures.
It is recommended that you call the Legacy of Life Program prior to discussions with families about organ donation.
For information on who is a potential organ donor please see the GIVE criteria and donor identification information at https://library.nshealth.ca/LegacyofLife/OrganDonation.
All potential tissue donors MUST be referred to Nova Scotia Health’s Regional Tissue Bank. Referral to the tissue bank can occur within 24 hours after the death of the patient.
For information on who is a potential tissue donor please see the ACT criteria and donor identification information at https://library.nshealth.ca/LegacyofLife/TissueDonation.
A hallmark of Nova Scotia’s new donation legislation is deemed consent, sometimes referred to as “opt-out” or “presumed consent”.
Nova Scotians are overwhelmingly supportive of organ donation and transplantation. In a survey conducted in 2020, more than 95% of Nova Scotians expressed their support.
Deemed consent (opt out) presumes that all Nova Scotians medically eligible to donate have consented to organ and tissue donation, unless they have declared their objection through the ‘opt out’ registry or through a conversation with their families. This is a legally binding decision. At the end of life, family members of potential donors will be asked to affirm the decision of their loved ones to ensure that the expressed consent of their loved ones is respected and reflects their current decision about donation.
Exemptions to the application of deemed consent include:
With the introduction of this legislation, transplant recipients and donor families may be eligible to participate in the Direct Contact process. Direct Contact is a voluntary process for both the transplant recipient and donor family to arrange to share personal contact information or meet in person. Eligibility begins one year post-transplant. Donor families and transplant recipients always have the option to write to each other anonymously, at any time.
For more information, contact the Family Support Liaison at DonorFamilySupport@nshealth.ca or call 902-718-9124.