Discussion: Politics and the Patient Protection and Affordable Care Act
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Final Paper Assignments
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Dissertation Topic: How can South Africa create a national policy that serves to increase participation in organ donation?
Comments on the paper: First you need to know what are the current laws and policies, then you need to see who are the major stakeholders and what their opinions are about these laws, what works and what does not work, what should be introduced and what are potential barriers and facilitators to introducing change…. How to advocate for change and how to implement change which will be your final step.
I suggest that you look at policy cycles, you can also use Kingdon or Deborah Stone. I also suggest to use as your theoretical approach Scott Burris “5 essential public health law services” framework (you can use some elements of the framework only)
https://ec.europa.eu/health/blood_tissues_organs/organs_en
https://www.government.nl/topics/organ-tissue-donation/new-donor-act-active-donor-registration#:~:text=Currently%2C%20organ%20donation%20can%20only,registered%20in%20the%20Donor%20Register.
The regulatory Framework surrounding organ donation in South Africa
There are several law’s provisions and general guidelines that regulate organ donation across the world. Laws and policies governing the use of organ transplantation are changing in response to sensitivity to ethical concerns and increasing shortage of organs. It is important that clinicians and lawyers write clear and supportive legal framework governing organ procurement and transplantation. Especially at a time when people are questioning the legitimacy of organ procurement. Reading through different literature, it is evident that , the subject of organ donation has been a controversial. It is important to engage different teams in the process of organ donation, such as the donors, the potential recipients and other healthcare professionals to avoid any controversies regarding any new laws. Care of a living patient who will be a donor is important, and donation laws in a country will have an impact on organ donation rates.
In South Africa the legislative frame work follows a hierarchal structure, which is aligned with the government (national, provincial and local), which is responsible for applying and monitoring legislation with the overarching constitution as the Supreme law. The control and use of human tissue in South Africa is primarily governed by the National Health Act.
The following South African legislations and regulations concern death and organ donation