Whitney's Law: Protecting First-Person Organ-Donor Rights

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The Issue

WHITNEY’S LAW

Proposed Legislation Protecting First-Person Organ-Donor Rights

“Whitney’s Law” is a proposed legislation that would protect a competent individual’s documented, first-person decision to become an organ donor and establish clear procedures for coordination among hospitals, organ procurement organizations, medical examiners, coroners, and prosecutors.

It is prompted by the circumstances surrounding Whitney, a nurse and mother who suffered a fatal cerebral aneurysm. During her lifetime, Whitney made a documented decision to become an organ donor through her licensure. 

After Whitney’s medical crisis, family members allegedly opposed her documented donation decision and made allegations of abuse.  A local district attorney reportedly contacted members of the care and donation teams and threatened possible federal evidence-tampering charges if organ donation proceeded. Although concerns regarding criminal evidence and abuse allegations should be taken seriously, the circumstances presented a conflict that lacked a clear, timely, and accountable resolution process.

Efforts were made to seek assistance from state officials, the district attorney’s office, victim-services personnel, and adult protective services. No agency provided an effective process for resolving the conflict.

Whitney was reportedly designated as a no-public/no-visitor patient, leaving her long-term partner and support system unable to advocate for her wishes. She ultimately died in an intensive-care setting without being able to provide the final gift she had expressly chosen during her lifetime.

The proposed legislation does not diminish legitimate forensic investigations, autopsy requirements, or the authority of a court.  Instead, it requires those interests to be addressed through written findings, coordination, judicial review when necessary, and the least restrictive means available. Autopsy and organ donation may often be coordinated without compromising the investigation, and the proposed law would require those options to be considered in good faith.

One individual—whether a family member, prosecutor, or other official—should not be able to override a competent person’s documented anatomical-gift authorization without a specific legal basis and appropriate judicial review. Whitney’s Law would ensure that a person’s final health-care and organ-donation decisions are respected while preserving appropriate safeguards for public safety and criminal investigations.

 

Please view the drafted proposal in its entirity HERE

Sign, share, and reach out to your representatives to support the proposed "Whitney's Law" 

 

 

 

 

avatar of the starter
Susan EarlPetition StarterI am an RN and certified Acute Care Nurse Practitioner for over 40 years I have served my community with roots starting in EMS as a medic and fulfilled a 14 year term on the EMS Board for the state of TN

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