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Sonny Dhanani, MD,7,9,10 Sylvia Torrance, MD,11 Paul Byrne, MD,12,13 and on behalf of the Donation Physician
Ethics Guide Meeting Participants
Abstract: Donation physicians are specialists with expertise in organ and tissue donation and have been recognized internation-
ally as a key contributor to improving organ and tissue donation services. Subsequent to a 2011 Canadian Critical Care Society-
Canadian Blood Services consultation, the donation physician role has been gradually implemented in Canada. These profes-
sionals are generally intensive care unit physicians with an enhanced focus and expertise in organ/tissue donation. They must
manage the dual obligation of caring for dying patients and their families while providing and/or improving organ donation services.
In anticipation of actual, potential or perceived ethical challenges with the role, Canadian Blood Services in partnership with the
Canadian Medical Association organized the development of an evidence-informed consensus process of donation experts
and bioethicists to produce an ethics guide. This guide includes overarching principles and benefits of the DP role, and rec-
ommendations in regard to communication with families, role disclosure, consent discussions, interprofessional conflicts, con-
scientious objection, death determination, donation specific clinical practices in neurological determination of death and
donation after circulatory death, end-of-life care, performance metrics, resources and remuneration. Although this report is
intended to inform donation physician practices, it is recognized that the recommendations may have applicability to other pro-
fessionals (eg, physicians in intensive care, emergency medicine, neurology, neurosurgery, pulmonology) who may also partic-
ipate in the end-of-life care of potential donors in various clinical settings. It is hoped that this guidance will assist practitioners
and their sponsoring organizations in preserving their duty of care, protecting the interests of dying patients, and fulfilling best
practices for organ and tissue donation.
Received 28 June 2016. Revision received 10 November 2016. is a national, not‐for-profit charitable organization that manages the supply of blood
Accepted 29 November 2016. and blood products in all provinces and territories in Canada (with the exception of
1
Division of Critical Care, Montreal Children's Hospital, Montreal, Quebec, Canada. Quebec) and oversees the OneMatch Stem Cell and Marrow Network. Canadian
2
Blood Services also received a mandate in 2008 for national activities related to
Department of Pediatrics, McGill University, Montreal, Quebec, Canada. organ and tissue donation and transplantation (OTDT), which includes: develop-
3
Canadian Blood Services, Ottawa, Ontario, Canada. ment of leading practices, public awareness and education, system performance
4
Department of Bioethics, Dalhousie University, Halifax, Nova Scotia, Canada. measurement, and establishing transplant patient registries. Canadian Blood Ser-
5
vices is not responsible for the management or funding of any Canadian Organ
Medical Professionalism, Canadian Medical Association, Ottawa, Ontario, Canada. Procurement Organizations (OPOs) or Transplant Programs. Canadian Blood
6
The Rehabilitation Centre, North York, Ontario, Canada. Services receives its funding from the provincial and territorial Ministries of Health
7
University of Ottawa, Ottawa, Ontario, Canada. and the federal government, through Health Canada.
8
Emergency Room and Adult Critical Care Physician, Victoria General Hospital and Correspondence: Sam Shemie, MD, Division of Critical Care, Montreal Children's
Royal Jubilee Hospital Victoria, British Columbia, Canada. Hospital Montreal, McGill University Health Centre, Montreal, Quebec, Canada.
9
(sam.shemie@mcgill.ca).
Trillium Gift of Life Network, Toronto, Ontario, Canada.
10
Supplemental digital content (SDC) is available for this article. Direct URL citations
Critical Care, Children’s Hospital of Eastern Ontario, Ottawa, Ontario, Canada. appear in the printed text, and links to the digital files are provided in the HTML
11
Deceased Donation and Transplantation, Canadian Blood Services, Ottawa, text of this article on the journal’s Web site (www.transplantjournal.com).
Ontario, Canada. Copyright © 2017 The Author(s). Published by Wolters Kluwer Health, Inc. This is an
12
Stollery Children’s Hospital, University of Alberta, Edmonton, Alberta, Canada. open-access article distributed under the terms of the Creative Commons Attribution-
13
John Dossetor Health Ethics Centre, University of Alberta, Edmonton, Alberta, Non Commercial-No Derivatives License 4.0 (CCBY-NC-ND), where it is permissible to
Canada. download and share the work provided it is properly cited. The work cannot be
changed in any way or used commercially without permission from the journal.
This work was funded by Canadian Blood Services through a financial contribution
from Health Canada. The views expressed herein do not necessarily represent the ISSN: 0041-1337/17/1015S-1-0S41
views of the federal, provincial or territorial governments. Canadian Blood Services DOI: 10.1097/TP.0000000000001694
health care professionals. Although the complete separation • Why the disclosure is being made
of roles related to donation is preferable, this may not al- • Why the system exists as it is (separation of roles)
ways be possible due to variations in the donation physician • How both roles (intensivist/donation physician) are complementary
role based on geographical location, resources, specialist • Which role the disclosing physician is playing now and what
scheduling, etc. their involvement would be in future, with or without donation.
4. Institutions are encouraged to develop policies concerning
BENEFITS OF THE DONATION PHYSICIAN ROLE
when and how disclosure should be conducted.
Participants identified common key benefits of the DP role
that may improve donation practices and the ethical conduct
of donor care: Communication With Families—Consent for Donation
As part of their role, donation physicians will be involved,
1. Normalization of the donation process within hospitals either directly or indirectly, in conversations with families
2. Enhanced separation between end-of-life decision-making about donation. Ethical challenges emerge when there are
and deceased donation conflicts between (i) patient wishes and family wishes and
3. Support for other health care professionals involved in donation (ii) family wishes, staff sensitivities and societal need (ie, the
4. Improved compliance with leading practices need for organs). Canadian leading practice guidelines for
5. Quality improvement and minimization of errors in the pro- approaching the family for donation conversations have
cess of donation and death determination been developed6 and provide guidance for navigating these
6. Improved communication with families and health care pro-
fessionals involved in ICU care, donation and transplantation
situations. The key goal is to ensure that the family has an op-
7. Enhancement of the actualization of donor potential portunity to make an informed decision that would be com-
and intention parable to one made if they were not in a crisis and that they
8. Participation in donation medicine research would not regret at a later date.
Recommendations
RECOMMENDATIONS
5. The donation physician, in collaboration and consultation
Communication With Families—Role Disclosure with the donor coordinator and hospital staff, should provide
The circumstances leading up to a decision concerning the opportunity for families to make informed decisions. Rea-
donation often involve traumatic injury or sudden onset of sons for family reluctance to donate can be explored and med-
ical, religious, or cultural misinformation or misconceptions
tragic illness. Given extremes of emotional distress, the ca- should be addressed.
pacity of families for rational decision-making during this 6. In cases of initial refusal, it is acceptable to reapproach for
period may be compromised. As such, communication with donation if the patient has previously registered intent to do-
families during end-of-life care must be performed sensitively nate, if new information becomes available, if the family
and ethically, according to leading practices.6 misunderstands the information, or if there have been previ-
Disclosure must take into account the context of the situa- ous conversations by untrained staff that have provided
tion, the nature of the physician’s relationship with the patient, incorrect information.
and the goals of the patient’s care. Questions to consider in- 7. If reapproaching is warranted, the donation physician should
clude: Is the patient’s condition survivable? Is the patient a communicate with health care professionals involved in the
candidate for donation? Has an NDD declaration or WLST patient’s care to make sure the reason for reapproaching the
family is understood.
decision been made? What is the donation physician role in 8. The donation physician should facilitate the reapproach with
care for this patient? an emphasis on gaining clarity and ensuring informed decision-
making rather than reversing the initial decision. Any revisiting
Recommendations of the subject of donation with a family should focus on the
quality of the process rather than the outcome.
1. Actual, potential or perceived conflicts of interest that arise in 9. In cases where consent is withdrawn, the donation physician
the course of the donation physician's professional duties and should debrief with the donor coordinator and staff to identify
activities should be identified, disclosed and resolved in the the underlying causes, work to improve processes and com-
best interest of the patient. munication, and remove barriers for future opportunities.
2. Disclosure is context specific and depends on the donation
physician's role, the circumstances, and the relationship with
the patient and family. Disclosure is not necessary if it has no Interprofessional Conflicts—Challenges to Dual Roles
bearing on the situation or the relationship with the family. The diversity of experience, knowledge, and perspectives
among health care professionals in relation to deceased dona-
• If the physician, as most responsible physician (MRP), has
been treating the patient, he/she should disclose his/her role tion may lead to disagreements concerning the best course of
as a donation physician once donation conversations begin action and tensions among members of the hospital staff.
with the family. The disclosure should be made regardless of Other health care professionals may be concerned about dual
whether the donation physician role is clinical or administrative. responsibilities between patient care and donation. Donation
• Donation physician who have an active role in allocation of physicians may find themselves involved in these conflicts
transplantable organs should disclose this fact. and may be required to play a mediating role to help resolve
these situations. Donation physicians must work to reassure
3. During disclosure conversations, the donation physician staff that these real or perceived conflicts are being managed
should explain: appropriately, in the interest of the patient and family.
S44 Transplantation ■ May 2017 ■ Volume 101 ■ Number 5S-1 www.transplantjournal.com
23. There is a duty to report errors in the donation process or from the transplant-procurement team if the patient does not
death determination to the family. The donation physician progress to donation.
should contact the initial physician and coordinate with the
health care team to plan the disclosure to the family. The
most appropriate person to make the disclosure depends Recommendations
on the specific context, such as who the current most respon- 30. The donation physician should act in an advisory capacity to
sible physician is, what the prognosis upon re‐evaluation is, the MRP and should not direct or interfere with manage-
and what the next steps in the patient’s care are. ment decisions concerning end-of-life care. If the MRP is
on service as the donation physician at the same time, role
Donation-Specific Clinical disclosure should be ensured and/or second opinions should
Practices—Neuroprognostication and Decisions be considered (see also recommendation 11).
on WLST 31. The donation physician must be aware of the potential for
Neuroprognostication and decisions to withdraw life- covert and overt pressures from family members and staff.
sustaining therapy may result in potential for disagreement The donation physician should support other health care
professionals in acknowledging these pressures and adhering
among the care team. Disagreements or differing perspectives
to leading practices.
on prognosis are not uncommon in ICU care and are not spe- 32. The donation physician or MRP should not engage in, or
cific to donation. If the donation physician is the MRP and condone, the following practices:
involved in decision-making, it is possible that other health
care professionals may perceive that the donation physician • Withholding appropriate analgesia/sedation for fear of per-
is placing donation interests ahead of those of the patient. ceptions about expediting death
• Providing analgesia/sedation that may expedite death as its
Recommendations primary aim (notwithstanding impending legislation on
physician assisted death)
24. Neuroprognostication and end-of-life decisions should be • Providing analgesia/sedation intended to hasten death to
made before and separate from donation considerations. ensure the patient’s/family’s wishes for donation are realized.
25. If the MRP is also a donation physician, and if the clinical
decision making is called into question, the donation phy-
33. The donation physician should seek congruence among the
sician should discuss with colleagues and request another
family, the MRP, and others involved in the patient’s care
medical opinion.
concerning the goals of treatment and symptom control.
26. Until a consensus decision has been made, it may be benefi-
34. The donation physician should act as an intermediary be-
cial for the donation physician and/or organ donation coor-
tween the transplant team and most responsible physician
dinator to not be involved in the process.
to help protect the most responsible physician from pressure
27. If consensus on prognosis or course of action cannot be
that may influence end‐of‐life care.
achieved among the medical team, the donation physician
35. Institutions, as well as patients and family, will benefit from
should advocate for a waiting period (24-72 hours) to con-
policies and protocols around end‐of‐life care and with-
firm diagnostics and prognosis.
drawal of life‐sustaining therapies, to be used in all situa-
28. The hospital should have policies on end-of-life prognosti-
tions, not just for patients who may be involved in donation.
cation and withdrawal of life-sustaining therapies. These
policies should clearly outline the role of the donation phy-
sician by: Donation-Specific Clinical Practices—Preserving the
Opportunity to Donate
• Acknowledging and supporting the donation physician as a Performing medically nonbeneficial treatments to patients
trusted advisor with expertise in prognostication, process, to preserve the opportunity to donate presents many ethical
and procedures challenges and questions. If the donor has expressed their
• Providing clarity on the role the donation physician plays in wish to be a donor, and medical treatment will not save
the process, thereby reducing the potential for perceived bias their life, then their best interests are served by fulfilling
• Assisting with culture change in the organization to normal- their wishes. Where interventions may potentially cause
ize the role of the donation physician harm, then risks and benefits and purpose (if strictly for
donation) need to be discussed between the MRP, the
29. The donation physician should be aware of early consider- treating team, and the family. The donation physician's
ations for donation before the point when neuroprognos- role should be in engaging the relevant parties to explore
tication decisions have been made. The role of the donation solutions that avoid or minimize harm to the patient while
physician should be to reiterate appropriate timing of dona-
preserving the opportunity to donate.
tion considerations and temper enthusiasm of other less expe-
rienced practitioners to help minimize any potential conflicts Recommendations
of interest and/or confusion about patient end-of-life care.
36. Where donation wishes have been expressed by the patient
Donation-Specific Clinical Practices—Provision of or through the family, interventions to preserve the opportu-
End-of-Life and Comfort Care for DCD nity to donate and enhance graft and recipient outcomes
should be considered to be in the best interest of the patient.
During end-of-life care, physicians may be subject to pres-
37. Premortem interventions should be discussed with family
sure from family or other health care professionals concerning and the health care team, indicating the purpose, benefits,
the type and extent of comfort care a dying patient receives. and risks.
These pressures may include the family’s desire to relieve suf- 38. The transplant team can only advise on the implications of
fering, hasten death or actualize donation in a scenario that is any donor management decision, not seek to alter that deci-
not suitable, or it may result from frustration and impatience sion. In situations of disagreement between the transplant
S46 Transplantation ■ May 2017 ■ Volume 101 ■ Number 5S-1 www.transplantjournal.com
team and the donor care team, the donation physician 45. The donation physicians should present a balanced view
should liaise between the 2 groups to clarify facts, discuss based on evidence‐based leading practices. It is permissible
risks and benefits, and propose alternatives to try to come to present a challenging, innovative, or controversial view
to a mutually beneficial solution that honors the intention to generate discussion and provoke thought but these should
to donate. be clearly defined as such.
Dr. Jim Kutsogiannis Professor, Faculty of Medicine and Prof. Linda Wright Director of Bioethics, Joint Centre of
Dentistry, University of Alberta Medical Director of the Bioethics & University Heath Network, Toronto, Ontario.
Neurosciences Intensive Care Unit, University of Alberta Ms. Kimberly Young Director, Donation and Transplanta-
Hospital Medical Director, Human Organ Procurement Ex- tion, Canadian Blood Services, Edmonton, Alberta.
change Program of Northern Alberta, Edmonton.
Dr. Brendan Leier Clinical Assistant Professor John REFERENCES
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Dame, Montreal. Care Society Expert Consultation Group. Improving the process of de-
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