KP drafts laws for transplant of human organs

Author: Wisal Mashal

PESHAWAR: Khyber Pakhtunkhwa (KP) government after two years delay has finally constituted regularity laws for implantation of Medical Transplantation Regulatory Authority to regulate removal, storage and transplantation of human organs in the province.

The Health Department has made the first draft of Medical Transplantation Regulatory Authority 2017 which was send to the law department.

The government has introduced Medical Transplantation Regularity Authority act 2014 but because of the lack of rules this authority was not properly functional to work.

Due to lack of rules those hospitals where the facilities of human tissues or organs transplantation was available those hospital can’t be registered and they were unable to work.

According to the law, the donor not less than 18 years of age, during his life can voluntarily donate any organ of his body to his close blood relative and legally related persons like parent, son, daughter, sister, brother and spouse for treatment purpose.

The authority notified by the department is required to ensure that transplantation is voluntary, genuinely motivated and without any pressure or compulsion.

The law further said that in case of unavailability of a donor, a Transplant Evaluation Committee (TEC) to be constituted under the law may allow donation by a `non-close blood relative`, after ensuring that such donation is voluntary.

The law further said that any person who before his death announces his organs must be in writing and whose age must be 18 years while the written agreement must be signed and attested from the TEC.

It was also said that on the death of a donor, any close relative shall be informed the TEC about the deceased for removal of human organ or tissue with the permission of authority.

A donation may be perform in such form and manner as may be prescribed and may be rescind at any time during the lifetime of the donor in the presence of two witnesses.

The law further said that no hospital or medical institution shall carry out transplantation of human organs without recognition by the authority which will meet every three months.

The committee shall ensure that no organ or tissue is retrieved from non-related living donors without its prior approval.

The law also provides for establishment of a Transplant Monitoring Committee consisting of additional secretary health department, a surgical transplant specialist, and medical transplant specialist, and gastroenterologist, ophthalmologist and director health.

A Transplant Inquiry Committee, to be notified by the authority, will investigate and hold inquiry into the allegations of breach of any provision of the law while a Transplant Ethical Regulatory Committee will be required to address religious, cultural and ethical issues.

It prohibits removal or transplantation of human organs for any purpose other than curative.

The law further said that those practitioners who without the authority conduct transplantation shall be fine of one million as well as the culprits will be fine of ten year impressments while his case was also send to the Pakistan Medical and Dental Council for immediate action.

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