Brodsky proposes bill to presume consent on organ donations


Assemblyman Richard Brodsky, D-Greenburgh is proposing legislation that would change the law on organ donations to adopt the “presumed consent” model. That means that the state would presume individuals wanted to donate their organs after their death unless they opted out.

The number of New Yorkers currently enrolled in the state Organ and Tissue Registry puts the state in last place among all states, according to the national group Donate Life America. About 10,000 New Yorkers are on the national waiting list for organs.

Julianne Willie Brodsky, Brodsky’s daughter, is an organ-donation recipient and is pushing for the legislation. “We need to improve New York’s donation rate and need to push the envelope,” she said in a statement.

Transplants are saving the lives of thousands of people who otherwise wouldn’t survive, Dr. Herbert Pardes, president and CEO of New York-Presbyterian Hospital said in a statement.

“Presumed Consent offers the opportunity to expand the availability of organs for transplantation. If enacted into law, with all of the appropriate safeguards that must be included, Presumed Consent legislation could put us on a path to an even greater application of this lifesaving medical methodology,” he said.


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  1. Lucy C. Shively on

    I am horribly insensed at this proposal. What an infringement on civil rights. “Presumed consent” is straight out of Orwell. Imagine the people in hospitals and such who will be exploited.
    It is a selfish proposal.
    P.S. My mother is an organ donor, and I love her dearly.

  2. NO! .. I’m all for an OPT-IN plan, but when you start PRESUMED Consent it goes much to far.

    I’m sending a donation to who ever runs against you in Nov.

  3. John Anderson on

    It’s about time we had an “opt-out” system. You don’t want to help your fellow humans with your no-longer-needed organs? That’s your right, but don’t shove your selfishness down MY throat. At opt-out system is an idea whose time has come!

  4. I’m hard pressed to understand how someone as short-sighted as you appear to be, Mr. Brodsky, deserves an Attorney General position.

  5. Under the Brodsky plan, maybe state government will be able to harvest organs just like it harvests private property with eminent domain. By claiming that unwilling donors are “blighted”…

  6. These New York legislators are all becoming crackpots. First that nut wants to make salt in restaurants illegal because his father can’t eat it. Now this guy wants to trick people who don’t know about the into being harvested when they die without their permission. I Opted in long ago and that was MY CHOICE, but this is just beyond the pale. There are people who may not even know about this law who have a problem with donating their organs. That’s their choice. It’s THEIR body not the State’s body.

    New York has gone out of its mind. In addition to it being too expensive to live here any longer and a major welfare state, our legislators keep trying to force their personal issues onto everybody else. I can’t wait to get the heck out of here. Only 45 more days will I be captive by this state that has been turned into a wasteland by politicians.

  7. The person who called this Orwellian is Right On. Nobody should have to sign something to take decisions about his or her own body back from the state. Opting-In as a donor is the correct thing to do. Opting-Out implies that your body organs are not yours any longer unless you sign for them to take them back. Maybe NY State is the lowest in opt-ins because more people do not want to donate their organs. It’s their decision, right or wrong. What is this country coming to when you have to worry about governments making decisions about your body, both when you are alive and now when you are dead as well? Now that’s what you call “Shoving” something “Down your throat”. I’m also wondering if this is even constitutional.

  8. I think the bill should definitely be passed because half the people that don’t opt-in are just too lazy to donate their organs. There are hundreds of people that need organs everyday and there aren’t many organs to give them. I think this bill needs to be passed to wake people up and make them realize how selfish they are being.

  9. I would like to see that study that confirms that “Half the people” don’t sign because they are too lazy”.

    The truth is, you don’t know why people choose not to opt in. Furthermore, it’s not your business what others choose to do or not do with their bodies, both before or after death. The fact is, it’s not your body and it certainly is not the State’s body. A state that wants to require you to request it back with your signature — when you haven’t bequeathed it to the state to begin with. This is tantamount to the state taking Power of Attorney over your affairs without your consent. What part of this constitutional issue do you not understand?

  10. While I am personally signed up as a donor, I don’t believe this is either constiutional or correct to force the issue. People have many beliefs – religious or otherwise – against donation and that is THEIR choice, not the state’s.

    Please reconsider a better advertising campaign to let people know the good that can come from organ donation rather than incensing citizens against it.

  11. This is not Orwellian at all. Everyone has the right to opt-out at any time. It’s the opposite right now. The problem is too many people who either don’t know how or don’t bother to take the time to sign up to be a donor. Statistics say 90% of people in NY would gladly donate their organs after death, however something like 14% of people in NY are currently signed up to be donors. So basically, people are dying every day due to apathy, while their healthy organs are buried or burned along with them? That is disgraceful. Opt-out in an idea that is long overdue. Those who feel strongly against it simply have to get off their duffs and sign up on the “Do Not Harvest” list…just like those who hate getting telemarketing calls have to get off THEIR duffs to opt-out of those calls. It’s a sad day when it’s easier to be put on a list to receive telemarketing calls than it is to be able to donate the gift of life.

    And to all those who think there will be some conspiratorial plot to provide lesser treatment to potential donors in hospitals, that’s just not logical. With an opt-out law, far more organs will be available, so it simply wouldn’t be necessary even if it was realistic to think hospitals would be letting people die just to get their organs.

  12. Please provide a link to the statistics which reveal that “90% of people in NY would gladly donate their organs after death”.

    This most certainly IS Orwellian. Furthermore, the idea here is to trick people into donating their organs. This would apply to people, and there are many, who would not be aware that their state has appropriated their organs unless they request to have them back. That is exactly what this law is. An appropriation of NY State residents’ organs without their permission first. Orwellian to the max. If you want my TV, do you come and get it and then wait for me to take it back, or do you ask me first? I would suggest that people’s bodies are theirs and that is final, nor do they have to do anything or sign anything to own their own body or disposition their own organs.

    The Constitutional challenges to this frankensteinian law will be immense and successful.

  13. This message is for those who oppose the “presumed consent”.
    It’s obvious that they are ignorant to the facts surrounding the number of people waiting for organs as they lie dying in a hospital. I encourage the public to do the research before they place their opinion on presumed consent. Or maybe it will take one of them to NEED an organ to encompass the need for such an act to be imposed.

  14. Hi there, – discovered your internet page due to pure luck whilst drifting around the net this afternoon, and pleased that i did! I like the page layout and colours, but I should mention that I’m having problems when it loads. I’m using Lynx 2.6 browser for mac, and the footer would not lineup correctly. i’m sure employed the same layout on a company’s web-site, but the menu seems O.k on mine. I have an idea the mistake is at this end and just maybe it’s about time to change!

  15. I can’t believe some of you people. Organ donations are low and about 18 people die each day waiting on the organ transplant list. and when there is a way to save lives you all shoot it down cause you have to sign something to get out of it. Honestly if you don’t want them taking your organs sign the dam paper and how dare any of you say this isn’t right. tell you what go to those 18 people each day and explain to them that the idea that people had to fix it you don’t want cause its unconstitutional and wrong cause people will harvest your organs. No doctor is ganna take your organs without permission he could lose his license. this is whats wrong with people today they don’t want to help those that need it. Your to busy bitching about change that you yourself won’t help better anything. God dam stupidity runs thick with you morons