Press Release – January 24, 2017
For immediate release
Contacts: Jesse Chadderdon, (302) 744-4282 or (302) 743-0945;
Patrick Jackson, (302) 744-4046 or (302) 242-0036;
Mat Marshall, (302) 577-8897 or (302) 744-4180;
For immediate release
Contacts: Jesse Chadderdon, (302) 744-4282 or (302) 743-0945;
Patrick Jackson, (302) 744-4046 or (302) 242-0036;
Mat Marshall, (302) 577-8897 or (302) 744-4180;
Sen. Townsend introduces bill advancing parity for
HIV-positive organ donors and recipients
Legislation introduced by Sen. Bryan Townsend would modernize Delaware law to permit organs from HIV-positive donors to be used for clinical research and transplantation to HIV-positive recipients, effectively ending an outdated state policy that criminalizes the lifesaving procedure or research on it.
Senate Bill 17 would update a nearly 30-year-old state law that currently categorizes the lifesaving procedure as a Class E felony. The changes made under SB 17 would allow research or transplantation of HIV-positive organs as permitted under federal law.
“We’ve come a long way since the 1980s,” said Sen. Bryan Townsend, D-Newark, the bill’s prime sponsor. “Delaware’s current law was passed in a climate of fear and uncertainty. Today, that fear is part of a lingering stigma that causes real harm to hundreds of people each year. This legislation reflects major advances in our scientific and medical understanding of HIV, and it offers an opportunity to substantially improve quality of life and life expectancy for transplant recipients with and without HIV.”
SB 17 is enabled by the HOPE Act, a federal law passed in 2013 that directs the U.S. Department of Health and Human Services to develop standards for research on HIV-positive organ transplantation and to allow positive-to-positive transplantations if research outcomes support the procedure.
Johns Hopkins University performed America’s first successful positive-to-positive kidney and liver transplants in March 2016. Delaware’s current statute, passed in 1988, makes Delaware the only U.S. state to prohibit HIV-positive organ research or transplantation.
“Medical advances and knowledge during the past 30 years have far overshadowed the fear that dictated the original policy outlawing these procedures,” said Rep. David Bentz, D-Bear, who is the legislation’s prime House sponsor. “At its core, this legislation is about saving lives. By undoing an outdated law based on unfounded beliefs, we will be able to give Delawareans a new lease on life.”
In addition to the direct impact on HIV-positive organ recipients, full implementation of positive-to-positive transplantations would reduce demand on the already-scarce availability of HIV-negative organs, improving the prognosis for all transplant recipients regardless of their HIV diagnosis.
In 2016, more than 76,000 people were on the active waiting list for lifesaving organ transplants. In the same year, only about 33,000 transplants were actually performed. According to the Department of Health and Human Services, 22 people die each day while waiting for a transplant.
Delaware’s medical community has endorsed the legislation, citing its potential impact on hundreds of recipients in need.
“This legislation is focused, first and foremost, on safety,” said Dr. Prayus Tailor, MD, President of Medical Society of Delaware. “The Medical Society supports SB 17 not only for its potential to enhance the donor pool and save lives in and out of the HIV-positive community, but also for its commonsense emphasis on research. By lifting decades-old barriers to scientific advances, this legislation will enable the medical community to make significant headway on studies and treatments."
Pursuant to the HOPE Act, the Department of Health and Human Service’s Organ Procurement and Transplantation Network (OPTN) issued policy changes in 2015 governing HIV-positive transplantations, including extensive safeguards and redundancies to ensure that organs are properly tested and matched with recipients.
SB 17 also received support from Delaware’s LGBTQ community, which suffers from disproportionately high HIV infection rates.
“Equality Delaware fully supports SB 17 and is pleased that this bill has been introduced with bipartisan support,” said Mark Purpura, President of the Equality Delaware Foundation. “Our medical understanding of HIV has come a long way over the years, and breakthroughs in the treatment of HIV have resulted in people living much longer and better lives. Delaware laws have excluded HIV-positive people from organ research and transplant options for far too long, and SB 17 will enhance the lives of all Delawareans by expanding knowledge that comes from research and expanding the number of organs available for transplant to HIV-positive individuals.
“Those who are living with HIV often suffer from stigma and discrimination that is not based on medical necessity,” Purpura added. “SB 17 serves to eliminate that stigma and discrimination in the area of organ donation and research, and we thank Senator Townsend and Representative Bentz for introducing this bill.”
SB 17 has been assigned to the Senate Health, Children & Social Services Committee and will be considered at 2:30 p.m. Wednesday, January 25 in the Senate Majority Caucus room. A floor vote in the Senate could come as soon as Thursday, January 26.
Senate Bill 17 would update a nearly 30-year-old state law that currently categorizes the lifesaving procedure as a Class E felony. The changes made under SB 17 would allow research or transplantation of HIV-positive organs as permitted under federal law.
“We’ve come a long way since the 1980s,” said Sen. Bryan Townsend, D-Newark, the bill’s prime sponsor. “Delaware’s current law was passed in a climate of fear and uncertainty. Today, that fear is part of a lingering stigma that causes real harm to hundreds of people each year. This legislation reflects major advances in our scientific and medical understanding of HIV, and it offers an opportunity to substantially improve quality of life and life expectancy for transplant recipients with and without HIV.”
SB 17 is enabled by the HOPE Act, a federal law passed in 2013 that directs the U.S. Department of Health and Human Services to develop standards for research on HIV-positive organ transplantation and to allow positive-to-positive transplantations if research outcomes support the procedure.
Johns Hopkins University performed America’s first successful positive-to-positive kidney and liver transplants in March 2016. Delaware’s current statute, passed in 1988, makes Delaware the only U.S. state to prohibit HIV-positive organ research or transplantation.
“Medical advances and knowledge during the past 30 years have far overshadowed the fear that dictated the original policy outlawing these procedures,” said Rep. David Bentz, D-Bear, who is the legislation’s prime House sponsor. “At its core, this legislation is about saving lives. By undoing an outdated law based on unfounded beliefs, we will be able to give Delawareans a new lease on life.”
In addition to the direct impact on HIV-positive organ recipients, full implementation of positive-to-positive transplantations would reduce demand on the already-scarce availability of HIV-negative organs, improving the prognosis for all transplant recipients regardless of their HIV diagnosis.
In 2016, more than 76,000 people were on the active waiting list for lifesaving organ transplants. In the same year, only about 33,000 transplants were actually performed. According to the Department of Health and Human Services, 22 people die each day while waiting for a transplant.
Delaware’s medical community has endorsed the legislation, citing its potential impact on hundreds of recipients in need.
“This legislation is focused, first and foremost, on safety,” said Dr. Prayus Tailor, MD, President of Medical Society of Delaware. “The Medical Society supports SB 17 not only for its potential to enhance the donor pool and save lives in and out of the HIV-positive community, but also for its commonsense emphasis on research. By lifting decades-old barriers to scientific advances, this legislation will enable the medical community to make significant headway on studies and treatments."
Pursuant to the HOPE Act, the Department of Health and Human Service’s Organ Procurement and Transplantation Network (OPTN) issued policy changes in 2015 governing HIV-positive transplantations, including extensive safeguards and redundancies to ensure that organs are properly tested and matched with recipients.
SB 17 also received support from Delaware’s LGBTQ community, which suffers from disproportionately high HIV infection rates.
“Equality Delaware fully supports SB 17 and is pleased that this bill has been introduced with bipartisan support,” said Mark Purpura, President of the Equality Delaware Foundation. “Our medical understanding of HIV has come a long way over the years, and breakthroughs in the treatment of HIV have resulted in people living much longer and better lives. Delaware laws have excluded HIV-positive people from organ research and transplant options for far too long, and SB 17 will enhance the lives of all Delawareans by expanding knowledge that comes from research and expanding the number of organs available for transplant to HIV-positive individuals.
“Those who are living with HIV often suffer from stigma and discrimination that is not based on medical necessity,” Purpura added. “SB 17 serves to eliminate that stigma and discrimination in the area of organ donation and research, and we thank Senator Townsend and Representative Bentz for introducing this bill.”
SB 17 has been assigned to the Senate Health, Children & Social Services Committee and will be considered at 2:30 p.m. Wednesday, January 25 in the Senate Majority Caucus room. A floor vote in the Senate could come as soon as Thursday, January 26.
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- Press Contacts
Scott Goss
Communications Director
(302) 744-4180
scott.goss@delaware.gov
Dylan McDowell
Communications Assistant
(302) 744-4282
dylan.mcdowell@delaware.gov