Proposal to Address the Relationship of the OPTN and OPTN Contractor Boards

At a glance

Current policy

Members of the current OPTN Board also serve on the Board for the current OPTN Contractor. This is dictated by OPTN Bylaw 2.8 and the current OPTN Contract. However, as of March 30, 2024, the provision requiring the Boards to be the same will no longer be included in the OPTN Contract.

This proposal furthers the collective desire of the OPTN Board of Directors, HRSA, and the transplant community to separate the OPTN Board and the contractor’s Board and remove any actual or perceived conflicts of interest between the two boards. This proposal aligns with HRSA's stated objectives in their OPTN Modernization Initiative to "creat[e] an OPTN Board of Directors independent from other OPTN contractors to strengthen accountability and oversight."

Proposed changes

Remove the requirement that the OPTN Board of Directors be identical to the OPTN Contractor’s Board of Directors
Prohibit members of the OPTN Board of Directors from serving as an employee of, or serving on the Board of Directors of, any organization contracted to support the OPTN.
- Exempt the OPTN Executive Director from this prohibition

Anticipated impact

What it's expected to do
- Demonstrate the OPTN’s commitment to maintaining a Board that is free from any perceived or actual conflicts of interests and ensure future OPTN Boards behave consistently with this principle

Terms to know

Board of Directors: The OPTN Board of Directors is the governing body for the OPTN. Directors are elected by the members of the OPTN for two or three-year terms. The general composition of the Board of Directors is set forth in the OPTN Final Rule and includes transplant professionals, HRSA representatives, members of the public, living donors, transplant candidates, recipients, and their families
OPTN Contractor: This is the entity selected by the federal government and awarded the contract to operate and serve as the OPTN