The Federal Organ Transplant Law enacted in 1984 provides that only donated organs may be used.  The following plan to increase the supply of organs for transplant was developed in subsequent years by David F. Diamond of  Memphis, Tennessee.

    The shortage of organs is taking the lives of almost 7,000 people unnecessarily each year.   Donation is good.   It is the highest altruistic step that a person can contemplate.   However, for a number of reasons, many people are not willing to donate.  The solution is to provide a regulated system allowing the organs of cadavers to be sold as follows:

    A.  A contract can provide that when a person has decided, for whatever reasons, not to donate organs, he or she (hereafter: the provider) can commit to a plan to have the organs sold if and when the provider is brain dead.   This contract will also be signed by the next of kin, spouse or nearest living relative so that that party understands the purpose of the contract and agrees that they will not oppose its implementation when the provider dies.   A provider's option to cancel the contract at any time prior to the provider's death will be included in the contract.

    The use of this contract will allow the provider to leave an estate to his heirs or a designated charity.   A provider, with few or no assets, might otherwise have none to leave when he or she passed.

    B. The sale of organs can be conducted by a broker, attorney or individual designated by the provider.   Upon determination of  brain death, the agent selected by the provider, using email, fax or phones,  would immediately advise interested buyers of an organ's availability and condition, etc.  Time would be of the essence, of course.    Appropriate compensation to the agent, such as a commission for services provided, would be set forth in the contract.   Buyers whose bids were accepted would send payment by wire transfer, cashier's check or other means approved in the law.

    C. The party designated by the provider must maintain a public record (like a broadcaster's log which is available for public viewing) specifying the individual who gets the organs, how much is being paid and the identification of the provider.   The purpose of this transparency is to eliminate the need for a black market, and to stimulate public awareness.   If there is a public record, as soon as organ sales begin, the news media will undoubtedly write about it pointing out how much money was involved in the transactions and stressing how much money goes to the heirs.   This will persuade a lot of additional people to agree to such a contract,  thus increasing supply exponentially.  

    Through the action of the law of supply and demand, the increased supply will cause prices to decrease to a level most people will consider reasonable.   Unless you allow prices to be set by the market process you put a limit on the number of organs that might become available.  

    Any fixed price, set by government or a special agency, would diminish the supply which would defeat the goal of making the most organs available.   That would cause some individuals to decide not to participate.   But if they knew that the organs they might provide are going to bring whatever the market process allows, they’ll have every incentive to take part.

    D. The organs would have to be sold only for transplant to U. S. citizens in order to avoid foreigners from bidding up the price and reducing the supply to Americans. Of course, if other countries should adopt model legislation such as ours then we could reciprocate and become partners with them since their organ supply could be shared with ours.

    E. The poor will not be discriminated against.   They will have access to organs because the law will provide that, just as in Medicare or Medicaid presently, the government will pay for any medical procedure or supplies that the patient needs, upon a doctor’s certification that it is medically necessary.  

    The government would buy organs on the market for those with Medicare or Medicaid unless donated organs were available.   The same principle will apply for those with health insurance.   And the wealthy, who may choose to be self insured, would be free to arrange for organs in the same market.   Of course, people would still be free to donate organs.   And participation by providers in the  contracts would be entirely voluntary.

    F.  Presently those uninsured or poor, not covered by Medicare or Medicaid, have to raise tens of thousands of dollars before hospitals or transplant surgeons will help them.   The added cost of an organ can also be raised in the same way, or the law can require our government to cover that cost, since it will be less costly over time than dealing with whatever the patient's medical expenses would be otherwise.

    G.  The plan will require providers to have their medical records maintained by their doctors beginning at least as soon as a contract is signed.   It would be made available immediately to any parties potentially buying an organ from that cadaver.  The purpose, and the result, would be to assure a better, safer organ supply.   This plan does not contemplate any sale of kidneys or parts of livers from a living person. There are risks in having such surgery and for that reason and others, we set that aside and take no position on that question.  

    Sometimes, under current law, it is the right thing to do, depending on the circumstances.  But in point of fact, the need for such organs will be adequately supplied with adoption of my plan.

    The proposal I’m offering will be, of course, subject to improvement and modification by the federal legislature.     Meanwhile, I welcome and will entertain seriously any changes so long as they do no damage to this essential requirement:    We have to let the law of supply and demand work in order to maximize the number of organs that will be made available.



    Diamond is currently directing his efforts at Congress. Your help is needed.  Your contributions can help focus public attention on this issue and solve a serious problem in our society.   We are establishing a 501 (c) 4 organization, which will permit you to donate funds to this effort and deduct any contribution from your taxes.  Please help financially if you can:

Here’s my donation  $_________________

My name and address: __________________________________________________________________________________

Please make checks payable to
“Organ Procurement Rights Association”

Mail to: 
777 Mt. Moriah Rd., #46,
Memphis TN, 38117-5328

Organ Plan, Revised as of 12-10-08

    For one year, starting March 15, 2007, David F. Diamond was a Primary contender for the Republican nomination for president (see Wendi Thomas’ Commercial Appeal column of 9-16-07). He  came to Memphis in 1980 and was a morning radio news anchor, commentator and talk show host on WHBQ, WWEE and WMC until about a decade ago.  Now, he's kinda retired -- but not really!  Diamond continues to be involved as an occasional TV and radio commercial spokesman, an actor, a freelance writer and broadcast spot producer, and a marketing and public relations consultant.  Diamond served as the national radio voice of Levitz Furniture Corporation, an assignment that began in 1981 and continued for 14 years.

    He has been a member of the board of directors for Crimestoppers, on the Friends of the Library advisory board, on the Kansas Vo-Tech School Homemakers and Home Health Aide Advisory Committee and a reader for the West Tennessee Talking Library for the Blind (WYPL). He has also done volunteer work for the Commission on Missing & Exploited Children, Memphis Crisis Center and co-founded Memphis Friends of the Russian People about 15 years ago.   Diamond appeared in a number of plays at Theatre Memphis, Playhouse on the Square, and at Gaslight Dinner Theatre. He has been a student of communications and the Russian language and culture at the University of Memphis.   And he was a member of the Memphis Chapter of the Society of Professional Journalists.

     Following four years of service (1953-1957) as a Russian language technician in the U.S. Air Force Security Service, Diamond studied foreign affairs at George Washington University in the late 1950's. He then accepted a number of assignments working for Maryland state senator Newton I. Steers, Jr: as congressional and state senatorial campaign manager; as executive assistant and deputy commissioner in the Maryland Insurance Department; and as a legislative assistant in the state capitol in Annapolis.

     Diamond ran for Congress in Baltimore in 1970 and subsequently spent a year there as office manager for U.S Senator Charles McC. Mathias. Moving to Pittsburgh, PA in 1972, Diamond served as news anchor for WTAE radio; radio/TV news director for the 1973 National Boy Scout Jamboree; and managed a successful congressional primary campaign for Robert Casey.  From Pittsburgh, Mr. Diamond came to Memphis.