X-Message-Number: 28172 Date: Tue, 4 Jul 2006 19:42:59 -0700 (PDT) From: Doug Skrecky <> Subject: section 14 bans organ transplantation in BC Here's the lastest reply. I think the July 6'th meeting could get interesting. ---------- Forwarded message ---------- Date: Tue, 4 Jul 2006 14:32:56 -0700 From: Tayt Winnitoy To: Doug Skrecky Cc: Betty.Down, Terry Barnett, Manjit Bains, Tom Aquiline, Janet Ricciutti Subject: RE: section 14 bans organ transplantation in BC Mr. Skrecky, I apologize for the error in my initial response in which I addressed you as being associated with the BC Transplant Society. I see that this is not the case and that you had sent your concerns to me regarding their activities as a means of illustrating your opposition to section 14 of the Cremation, Interment and Funeral Services Act. I notice you have copied your note to the Ministry of Public Safety & Solicitor General as well as the chair of the Cremation, Interment and Funeral Services Advisory Group. I will therefore assume that the information you have presented will be included for consideration in any review of Section 14. Thank you for writing, Tayt Winnitoy Executive Director, Operations BPCPA -----Original Message----- From: Doug Skrecky [mailto:] Sent: Saturday, July 01, 2006 4:48 PM To: Tayt Winnitoy Cc: Betty.Down; Terry Barnett; Manjit Bains; Tom Aquiline; Janet Ricciutti Subject: section 14 bans organ transplantation in BC Thank you for your reply, Tayt. I'll be frank, my primary interest in section 14, is due to the fact that it effectively bans cryonics in BC. This is the primary reason why I have not made any cryonic arrangements myself, since to do so would be futile, while section 14 is in force. However I believe you are being overly optimistic in assuming that the BC Transplant Society is not in violation of section 14. Nowhere in the BC Transplant Society's website (http://www.transplant.bc.ca/odr_criteria_main.htm) is it stated that a dead human body in ANY stage of decomposition is ineligible to be considered as a source of transplant organs. Thus the BC Transplant Society is automatically in technical violation of section 14. The criteria that are mentioned on their website are as follows: (Fewer than one percent of deaths can result in potential organ donation. Most deaths allow you to be a donor for tissue such as skin, cornea, and bone, but more exact criteria must be met before solid organs such as heart and kidneys can be donated.) Bill 3 2004 of the Cremation, Interment and Funeral Services Act bans the use of human remains as a source of transplant organs, where the definition of human remains is as follows: ("human remains" means (a) a dead human body in ANY stage of decomposition, or (b) a body of a stillborn infant in any stage of decomposition, but does not include cremated remains;) The BC Transplant Society does deal with human remains, according to the above definition. They do this because they have no choice in the matter, due to the strictness of the criteria regarding ANY stage of decomposition. It is obvious that they were never consulted when Section 14 was drafted, or they would have pointed this out. As any reference to the medical literature will show, some degree of decomposition is inevitable in all postmortem donor bodies. To completely avoid this would require that the transplant organs be harvested while the donor is still alive. I recommend that you refer this matter to a forensic scientist. No offense, but a civil servant such as yourself will not have the background required to judge this matter. Below are some examples from the medical literature, which illustrate the point. Biomedicine & Pharmacotherapy 1984; 38(9-10): 458-61 Rapid post-mortem decomposition of the somatostatin cells in human brain. An immunohistochemical examination. Pancreas 1990; 5(1): 91-94 Postmortum Autolysis in the Pancreas: Multivariate Statistical Study The influence of Clinicopathological Conditions To paraphrase section 14. Preservation or storage of human remains is prohibited whenever there is expectation of the resuscitation of human remains. This bans cryonics as well as any (legal) form of human organ transplantation. ---------- Forwarded message ---------- Date: Wed, 14 Jun 2006 08:53:36 -0700 From: Tayt Winnitoy To: Doug Skrecky Cc: Betty Down, Terry Barnett, Manjit Bains Subject: RE: section 14 bans organ transplantation in BC Dear Doug Skrecky, Thank you for your email regarding the interpretation of section 14 of the CIFSA and its relationship to organs for transplant. This section of the legislation was meant to deal specifically with arrangements related to the preservation and storage of human remains. The Act defines human remains as a dead human body in any stage of decomposition. I would therefore not consider organs for transplant as human remains and therefore would not consider your activities as the BC Transplant Society as triggering any violation of section 14. Regardless, I have copied your message below and my response above to the Ministry of Public Safety & Solicitor General so they are aware of your concerns. Please feel free to call (604 296-2853)or email me should you have any further concerns, Yours, Tayt Winnitoy Executive Director, Operations BPCPA -----Original Message----- From: Doug Skrecky [mailto:] Sent: Friday, June 09, 2006 10:20 PM To: Tayt Winnitoy Subject: section 14 bans organ transplantation in BC Tayt Winnitoy, Director of Operations Business Practices and Consumer Protection Authority Dear sir: It has come to my attention that section 14 of Bill 3 2004 Cremation, Interment and Funeral Services Act bans organ transplantation in the province of BC. See link (http://www.legis.gov.bc.ca/37th5th/3rd_read/gov03-3.htm). I have reproduced section 14 below. As you can see, (c) bans (for example) the sale of transplantation solutions in BC, that are offered, or sold, on the expectation of the resuscitation of human remains such as kidneys. I also take a dim view of the banning of cryonics in BC in 14(a), and 14(b) apparently bans something that has never existed. I would like to request that some consideration be given to deleting section 14 from the Cremation, Interment and Funeral Services Act. _________________________________________________________________ Prohibition on sales, and offers of sale, of arrangements relating to cryonics and irradiation 14 A person must not offer for sale, or sell, an arrangement for the preservation or storage of human remains that is based on (a) cryonics, (b) irradiation, or (c) any other means of preservation or storage, by whatever name called, and that is offered, or sold, on the expectation of the resuscitation of human remains at a future time. ___________________________________________________________________ Note: here are some statistics from the B.C. Transplant Society's website: Number of solid organ transplants performed in BC in 2005: 191 Total 115 kidney (74 Living Donor, 41 Deceased Donor) 34 liver (3 Living Donor, 31 Deceased Donor) 16 heart 3 pancreas-kidney 2 pancreas 11 pancreas-islet 7 single-lung 3 double-lung Yours sincerely Doug Skrecky CC: BC Transplant Society 3rd Floor, West Tower 555 West 12th Ave Vancouver, BC V5Z 3X7 Rate This Message: http://www.cryonet.org/cgi-bin/rate.cgi?msg=28172