Comment on Change to the Definition of “Human Organ” under Section 301 of the National Organ Transplant Act of 1984

We are professional ethicists in the fields of business ethics, medical ethics, and/or normative ethics.

The Department of Health and Human Services issued a Notice of Proposed Rulemaking on October 2, 2013. The proposed rule (hereafter: “the Rule”) would append “bone marrow” with “and other hematopoietic stem/progenitor cells without regard to the method of their collection.”

This Rule would effectively reverse the decision in Flynn v. Holder before the U.S. District Court of Appeals for the Ninth Circuit.1 That decision holds that compensating donors of hematopoietic stem/progenitor cells (hereafter: “hematopoietic cells”) through a procedure called apheresis was not contrary to the National Organ Transplant Act.