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Legislation and Legislative History

The following list represents a sample of the most important Federal laws and regulations that have been enacted since the field of transplant medicine began. This list is not intended to be all inclusive and there are other Federal, State, and local laws that also may be relevant in certain situations.

1984 — National Organ Transplant Act (NOTA — P.L. 98-507)
Among other things, NOTA established the framework for the Organ Procurement and Transplantation Network (OPTN) within the United States, the Scientific Registry of Transplant Recipients, a government unit within the Public Health Service (Division of Transplantation) to oversee contractual activities of the OPTN, and prohibited the buying and selling of organs.

1987 — Uniform Anatomical Gift Act (UAGA — As Amended)
This version of the UAGA includes several amendments to the original law promulgated in 1968 and facilitated organ donation by providing a useful and uniform legal environment throughout the country.

1999 — Organ Donor Leave Act (P.L. 106-56)
This law increases the amount of leave time for a Federal employee who wishes to be a donor — allowing 7 days for bone marrow donation and 30 days for a living organ donation.

1999 — The Organ Procurement and Transplantation Network Final Rule (42 CFR Part 121)
This document sets forth improvements made to the final rule governing the operation of the Organ Procurement and Transplantation Network (OPTN), published in 1998. The purpose of the final rule is to help achieve the most equitable and medically effective use of human organs that are donated in trust for transplantation.

2000 — The Children's Health Act (P.L. 106-310)
This Act amends the Public Health Service Act and uses the Organ Procurement and Transplantation Network to address the special needs of children under the age of 18 in health and organ transplantation by adopting criteria, policies, and procedures that address the unique healthcare needs of children; asks the OPTN to carry out studies and demonstration projects to improve procedures for organ donation procurement and allocation, including those children with special needs, minority groups, and those with limited access to transportation; provides for a study to determine the costs of immunosuppressive drugs to children and the extent that health insurance plans cover such costs.

2004 — Organ Donation and Recovery Improvement Act (ODRIA — P.L. 108-216)*
The major provisions of this Act include: grants to States to support organ donation awareness programs, public education and outreach programs designed to increase the number of organ donors, including living donors; the development of and dissemination of educational materials to inform healthcare professionals and other appropriate professionals in issues surrounding organ, tissue, and eye donation; grants to qualified organ procurement organizations and hospitals to establish programs to increase the rate of organ donation; financial assistance to living donors to help defray travel, subsistence, and other incidental non-medical expenses; mechanisms to evaluate the long-term effects of living organ donation; and expansion of grant-making authority.

* The funding for ODRIA has been authorized but not yet appropriated.

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