From Policy to Practice: A SWOT Analysis of India's Organ Transplantation Regulatory Framework

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Background India's regulatory framework for organ transplantation, governed by the Transplantation of Human Organs and Tissues Act (THOA) and its amendments, aims to promote ethical practices and equitable access to organs to all its citizens. Systemic challenges, including mistrust, inequities, and inefficiencies in implementation, however, persist. Materials and Methods This qualitative study utilizes SWOT analysis to examine the strengths, weaknesses, opportunities, and threats within India’s organ transplant policies. Data were collected through desk reviews and interviews with 10 key stakeholders, including policymakers, transplant coordinators, and civil society representatives. The findings were analyzed using the ecological perspective framework. Results The strengths of the Indian transplant regulatory framework include a multi-tier arrangement with institutions like the National Organ & Tissue Transplant Organization and robust safeguards against coercion. Weaknesses involve inadequate accountability, underutilized deceased donation programs, and limited financial accessibility. Opportunities exist in regulatory reforms, expanding organ-sharing networks, and adopting state-level best practices. Threats that hinder progress include the prevailing social inequities, poverty, corruption, gender disparities, and cross-border trafficking. Conclusion India’s organ transplantation system, while comprehensive, still requires reforms to address accountability gaps, inequities, and cultural barriers. Aligning domestic practices with global ethical standards can create a transparent, effective, and equitable system, providing valuable insights into international transplantation frameworks.

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  • Research Article
  • Cite Count Icon 1
  • 10.1097/tp.0000000000004229
Overcoming Challenges of Deceased Organ Donation in Indian Private Hospitals.
  • Jan 26, 2023
  • Transplantation
  • Avnish Kumar Seth + 15 more

ORGAN DONATION AND TRANSPLANTATION IN INDIA The global observatory data on organ donation (OD) and transplantation indicate that 12 666 organ transplants have been carried out in India in 2019, next only to the United States and China. Most transplants in India to date have been from living donors and only 2060 (16.3%) transplants from deceased donors.1 There have been 715 deceased donors following brain death (BD), and organ donor rates remain below 1/pmp.2 With India spending <2% of its gross domestic product on health care, most government hospitals lack the infrastructure and experienced staff to carry out organ transplantation. Of 550 transplant centers in the country, 80% are in private hospitals.3 The responsibility of pushing deceased OD (DOD) forward thus lies with private hospitals. Critical care (CC) teams must therefore find a way to engage with a population that is not only largely unaware of the concept of BD but also constantly questioning costs that are inevitably linked to world-class care. The National Organ and Tissue Transplant Organization (initiated in 2015) has thus far not succeeded in providing a strong impetus for DOD in government hospitals. Thus, the DOD ball, by default, lies in the court of private hospitals. FIRST FEW STEPS We have previously reported on the first successful DOD program in North India (2009).4 A proposal was introduced to Fortis Healthcare covering 30 hospitals across the country and 17 000 employees to step into the DOD space. Fortis Organ Retrieval and Transplant (FORT) was established in 2012 to streamline the process of DOD following the diagnosis of BD in these hospitals. DOD was aligned and integrated into the mission statement "Saving and Enriching Lives." The role envisaged for FORT included setting up standard operating procedures, establishing a 24-h helpline, assistance with documentation related to OD, family counseling and support, creation of online organ pledging facilities, multiprofessional education, awareness activities, data collection, and coordination with other agencies involved in OD. NATIONWIDE AWARENESS CAMPAIGN The "More to Give" campaign was launched to promote awareness of DOD with an annual budget of 40 000 000 rupees (571 000 USD) over 3 y (2016–2018). An independent professional agency was hired to evaluate the reach and impact of the campaign as per International Standards Organization 20252 guidelines. The awareness drive was endorsed by disabled war veterans and film and sports celebrities who had already given so much to the country but had "more to give" by supporting OD. "Delhi Capitals," a Premier League cricket team, endorsed DOD, and an anthem on DOD was released in Hindi. Flash mobs, street plays, and puppet shows were performed in several cities. Donor and recipient stories, panel discussions with experts in DOD, transplant surgeons, and religious leaders, and broadcasts thrice a week by NDTV have been viewed by an estimated 139 million. Awareness talks were organized in schools, colleges, universities, residential societies, and corporates. The estimated readership in print media was 35 million, and 78 million were reached through social media. Simultaneous walkathons, telecast live, were held in 7 cities and 99 000 individuals pledged to donate organs. A short film on DOD was shortlisted for the Cannes film festival in 2017. "Wall of Tribute" was erected in hospitals to honor organ donors. "More to Give" received the national award for "Health Awareness Campaign" for 2016 to 2017. In addition to several awards for the best digital campaign, best use of radio for activation campaign, and best use of television for social welfare, one of the short films on DOD received the highest national honor of the "Dada Saheb Phalke" award in the "Best Public Service Advertisement" category in 2017 to 2018. IMPLEMENTATION OF PLAN IN HOSPITALS Fourteen hospitals with ongoing transplant programs were identified (Figure 1). An OD committee was created in each hospital comprising of CC leadership, hospital administration (HA), and nursing. A clinical lead organ donation was earmarked by the CC team. All hospitals applied for or updated the BD committee with the approval of the Appropriate State Authority. A transplant coordinator (TC) was recruited by FORT and for each of the hospitals. Standard operating procedure guidelines on OD were made available on the hospital intranet. Awareness of corporate and regional administrative teams on OD was communicated during their pan-India meetings. The chief executive officer of the organization pledged to donate his organs. Visiting cards of most doctors and support staff in the organization carried a message on DOD saying, “I support organ donation." Workshops were organized on early identification of potential donors (PDs), donor optimization (DO), family counseling, family support, and documentation. A total of 441 participants completed the 5-d certified course on transplant coordination for doctors, nurses, HAs, and TCs, which was held annually with MOHAN Foundation, based on a syllabus approved by the National Organ and Tissue Transplant Organization. National summits were held annually on various themes of OD with invited expert faculty from Spain, the United States, the United Kingdom, and Australia, often under the aegis of the International Society of Organ Donation and Procurement and the Indian Society of Organ Transplant.FIGURE 1.: Details and location of hospitals carrying out organ transplants that have been involved in the Fortis Organ Retrieval and Transplant program.Possible, potential, eligible, and actual donors were defined as per WHO criteria.5 All possible donors were closely monitored by staff from CC, and those who developed clinical signs of BD in the form of nonreactive pupils and loss of other brain stem reflexes were termed as PD. The treating team and OD committee were informed, and a DO protocol was started. In the absence of contraindications to DOD, the first set of tests for BD, including the apnea test, was carried out by the BD committee. The donor’s family was informed about the possibility of BD, ascertained by a team of 4 doctors. The TC, assisted by staff from HA, took over the grief counseling of the family and introduced them to the concept of OD. Confirmatory tests for BD were performed 6 h following the initial tests, and the family was counseled for DOD by a team comprising of TC and HA with expert inputs from treating teams as necessary.6 Billing was discontinued once the family understood the concept of BD irrespective of their decision to go ahead with the donation. Families of all patients who passed away in the hospital were counseled by nurses trained for cornea donation.7 A "DOD Huddle" to celebrate the hard work carried out by various departments followed a successful donation. ORGAN DONATIONS There were 113 donors including, 110 from 12 transplanting hospitals and 3 from a single nontransplanting center. The median age of donors was 47 y (range 13–77); 67 (59.2%) were male. The cause of BD was stroke in 76 (67%), head injury in 34 (30%), brain tumor in 3 (2.2%), and ischemic encephalopathy in 1 (0.8%). A total of 352 organs was retrieved, including 188 kidneys, 90 livers, 44 hearts, 12 lungs, and 1 pancreas. Organs could not be retrieved in 1 actual donor because the liver showed a 1-cm lesion that turned out to be hepatocellular carcinoma on frozen section. The variation in numbers of organ donors in various hospitals across the country could be attributed to differences in state legislation, awareness level of the population, and the motivation level of CC teams. Hospital-1, with a highly professional and devoted team, accounted for 44% of all donors and 42% of all organs retrieved. The annual distribution of organ donors is shown in Figure 2. The decline in numbers over the last 2 y was largely due to the COVID-19 pandemic.FIGURE 2.: Annual distribution of number of deceased organ donors.CHALLENGES AND WAYS TO ADDRESS THEM OD does not happen on its own. The process of DOD needs to be supported on a tripod of relevant legislation, public awareness, and best hospital practices. In India, The Transplantation of Human Organs Act 1994 and the Transplantation of Human Organs and Tissues Act 2011 still need to be adopted by 12 out of 28 states and 2 out of 8 union territories, where the declaration of BD becomes legally untenable. Moreover, BD is defined only in the context of DOD in these acts. Doctors in ICU are unsure of what to do when the relatives refuse DOD, as there is ambiguity on the legal position on switching off ventilators.8 A uniform definition of death that encompasses both circulatory death and BD, delinking the declaration of BD declaration from DOD, is required.9 A lack of clarity in law on the use of ancillary tests confirming BD in situations where apnea test is not feasible compounds the issue.10 There is a need for around-the-year awareness campaigns. We have shown that such campaigns are feasible and have considerable reach, albeit at considerable costs. Such initiatives should be part of a national campaign budgeted in the National Organ Transplant Program. Meanwhile, contributions from all corners, no matter how small, should be welcomed and acknowledged, as they would go a long way toward the national goal of achieving the tipping point on awareness toward DOD. Teams from CC are the backbone of deceased donation, and the success or failure of the program is determined by their professionalism and intent. Lack of self-belief and refusal to go the extra mile, despite organizational intent, led to limited results in some hospitals. Less than 800 deceased donors in a year in a country with 95 000 ICU beds suggests that PDs either are not identified or, if identified, do not progress along the pathway of testing for BD, DO, counseling, and DOD. Challenges faced at the hospital level and suggestions to overcome them are summarized in Table 1. TABLE 1. - Suggested actions to counter the challenges faced in organ donation at hospitals Parameter Target Suggestions Positive attitude and ownership toward OD program Hospital administration OD to be included in mission statement of organizationChief executive officer to lead by example by pledging to donate organsVisiting cards from the organization to carry message in support of ODHospital directors to inaugurate all training sessions Neurology and neurosurgery First to be informed by CC team on suspicion of BD in their patientTo be present in the first counseling of family on occurrence of BDTo feature in short films explaining the concept of BD CC Team Clinical lead organ donation earmarked from CC team to own and mentor the program Overcoming “donation hesitancy,” early identification of possible donors and donor optimization CC team Standard operating procedure to be made on OD and to be readily availableODC to be constitutedAll patients with BD, irrespective of contraindication to OD, to be reported early to ODCDonor optimization protocol to be initiated early Declaration of BD CC team Testing for BD, including apnea test, to be encouraged as part of routine end of life care practice. Consent of family not required for testingTraining activities on declaration of BD, engaging with famlies and documentation Counseling of family for OD Transplant coordinators Training of TCs and periodic experience sharingDedicated room for counseling to be made availableTeam approach to counseling Awareness activities and liaison General population Around-the-year awareness events to be organized, both live and on social and digital mediaFAQs on OD to be available in patient waiting areas and on hospital websiteOrgan pledging facility to be made availableBoard on “required request” on OD to be placed outside each ICULiaison with police for assistance in rapid transit of organs and clearance in medico-legal deaths Tissue donation Hospital staff Protocol of counseling for CD following each death in hospital builds culture of engaging and supporting families during their hour of grief Team building Hospital staff Invites to members of ODC, BDC, TCs, and transplant teams for all events related to ODActive participation by transplant teams in awareness activitiesInauguration of events and participation in TV talk shows by CC team members“Organ donation huddle” following each successful ODAwards for best performing hospitals in OD and CD Quality assessment Hospital staff Quarterly internal audits and annual external audits for best practices in OD and tissue donation BD, brain death; BDC, brain death committee; CC, critical care; CD, cornea donation; OD, organ donation; ODC, organ donation committee; TC, transplant coordinator. SUMMARY Two facts emerge clearly from our endeavor. First, there are 2 types of hospitals in the country: those that believe in and carry out DOD and the others that do not. The laws are the same for all. What differs is the intent. Second, strategies toward awareness of an organization and implementing best practices can significantly impact rates of DOD. The impact of these strategies will become evident in months to years. Interventions, however, are not uniformly effective in all parts of the country. Hospitals located in Punjab and West Bengal continued to struggle despite organizational interest, a reflection of the fact that some states need to do more toward facilitating DOD. The number of donors seen at our hospitals may appear small at first glance; however, these are significant in the context of the low DOD rate nationwide. Moreover, it is the first donation, achieved in 13 hospitals, that is the most difficult and the one that breaks the ice. Low utilization of heart, lung, pancreas, and small bowel reflects the fact that the number of programs performing these transplants is still limited. Our data report on the first series of private hospitals with a structured program on OD. Hopefully, others will follow.

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Perspectives: The Transplantation of Human Organs and Tissues Act, 2011
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  • Upendra Wahengbam + 1 more

India has made significant progress in developing an organized system for organ donation and transplantation. However, the gap between demand and supply remains large. The National Organ Transplant Program (NOTP), implemented through national, regional, and state-level bodies, seeks to address these challenges and promote ethical practices. This article reviews India’s organ transplantation framework, focusing on the Transplantation of Human Organs and Tissues Act, the NOTP, and the roles of the National Organ and Tissue Transplant Organization, Regional Organ and Tissue Transplant Organizations, and State Organ and Tissue Transplant Organizations. It also provides guidelines on how to start organ transplantation in a center and the protocols required for it. Despite advancements in infrastructure and regulation, challenges like organ shortage, illegal trade, and socio-cultural barriers persist. Keeping in mind the abuse of the Act and the various rackets involving organ donation and trade, this study highlights the progress made and explores future strategies for enhancing organ donation and transplantation in India.

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Human Biosafety Concept when Carrying out Medical Procedures Related to the Use of High Medical Technologies in the Field of Transplantation of Human Organs and Tissues: Constitutional and Legal Aspect
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  • Juridical science and practice
  • E Yu Mossberg

The article is devoted to the analysis of the concept of human biosafety during medical procedures using high medical technologies in the field of transplantation of human organs and (or) tissues. An analysis of the regulatory framework in the field of ensuring human biological safety during medical procedures in the field of transplantation and donation is provided, which demonstrates that the biosafety of patients in the Russian Federation is ensured by providing recipients with high-quality biomaterial as strictly established by the legislator based on the achievements of modern medical science. The legislation establishes medical restrictions for potential donors in order to ensure the biological safety of recipients. Special requirements have also been established for medical personnel who have the right to carry out medical procedures related to the transplantation of human organs and tissues. The domestic legislator is actively implementing the concept of biological safety in the field of VMT use by establishing certain criteria and restrictions for this type of assistance, which ensures citizens the right to receive qualified, high-quality medical care in the field of transplantation and donation of human organs and (or) tissues.

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  • 10.1097/tp.0000000000000150
Open Letter to Xi Jinping, President of the People’s Republic of China
  • Apr 27, 2014
  • Transplantation
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  • 10.21608/fisb.2020.134797
نقل وزراعة الأعضاء التناسلیة فی ضوء الفقه الإسلامی
  • Dec 30, 2020
  • حولیة کلیة الدراسات الإسلامیة بنین بأسوان
  • عبد العال

ملخص البحث: هذا البحث الموجز والموسوم بـ (نقل وزراعة الأعضاء التناسلية في ضوء الفقه الإسلامي) قسمته إلى مطلب تمهيدي، ومبحثين: المطلب التمهيدي: ألقيت فيه النظر على أهم مصطلحات البحث، ونشأة وتاريخ نقل وزراعة الأعضاء البشرية والأعضاء التناسلية وتطورها. أما المبحث الأول: فقد تناولت فيه: نقل وزراعة الأعضاء البشرية عن طريق التبرع، ونقل وزراعة الأعضاء البشرية عن طريق البيع، ونقل وزراعة الأعضاء البشرية من الميت للحي، وشروط التبرع من الحي للحي ومن الميت إلى الحي. وأما المبحث الثاني: فقد ألقيت فيه الضوء باستفاضة على نقل وزراعة الأعضاء التناسلية من حيث: التصور الطبي لنقل الأعضاء التناسلية، وأسباب نقل وزراعة الأعضاء التناسلية، والنتائج التي توصل إليها الطب في نقل وزرع الأعضاء التناسلية، ونقل وزرع الأعضاء غير الحاملة للصفات الوراثية، ونقل وزرع الأعضاء الحاملة للصفات الوراثية، والنتائج التي توصل إليها البحث. وقد خلص البحث إلى ما يأتي: نقل وزراعة الأعضاء البشرية والتناسلية في تطور مستمر، عدم جواز بيع الإنسان عضوا من أعضائه؛ لأنه ملک لله -تعالى- وأنه يحرم التبرع بعضو تتوقف عليه حياة الإنسان کالقلب، وأن نقل وزراعة الأعضاء کنقل الکلية، إنما هو من قبيل الضرورة، سواء من الحي أو الميت، بشرط توافر الشروط التي أوجبها الفقهاء في المتبرع، وأنه يجوز نقل الأعضاء التناسلية الغير حاملة للصفات الوراثية کنقل الرحم بين الأحياء عدا العورة المغلظة، ولکن يجوز نقله من الميت إلى الحي وذلک؛ لأن النقل من الأحياء يعطل وظيفة رئيسة عند المتبرع، وأنه يحرم نقل وزرع الأعضاء التناسلية التي تحمل الصفات الوراثية کالخصيتين والمبيضين؛ لأن الخصيتين والمبيضين ناقلان للصفات الوراثية کما هو مقرر عند أهل التخصص من الأطباء. Abstract: I divided this brief research entitled (Transplantation and of Genital Organs in the Light of Islamic Jurisprudence) divided it into an introductory demand, and two studies: The preliminary requirement: I shed light at the most important research terms, the origins and history of transplantation of human and genital organs and their development. As for the first topic: I dealt with transplantation of human organs through donation, transplantation of human organs through sale, transplantation of human organs from the dead to the living and the conditions for donating from the living to the living and from the dead to the living. As for the second topic, I shed light at length on the transplantation of genital organs in terms of the medical conception of transplanting the genitals, the reasons for the transplantation of genital organs, the findings of medicine in the transplantation of genital organs, the transplantation of non-genetic organs, and the transplantation of the organs carrying the genetic traits and the findings of the research. The research concluded the following: The transplantation of human and genital organs is in continuous development, the inadmissibility of a person’s sale of one of his organs because it belongs to God - the Almighty - and that it is forbidden to donate an organ on which a person’s life depends such as the heart and that the transplantation of organs like the transplantation of a kidney is just as necessity whether it is from the living or from the dead providing the availability of conditions the jurists recommended in the donor and that the transplantation non-carrying genetic traits genital is permissible such as the transplantation of the womb among the living except special parts pudendum but it is permissible to transplant it from the dead to the living as the transplant from the living disrupts a major function for the donor and it prohibits the transplantation of genital organs that carry genetic characteristics such as testicales and ovaries because testicales and ovaries are carriers of genetic characteristics as that was stated for the the medical professionals.

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Transplantation of organs and tissues of the human body: state and problems of legal regulation
  • Nov 28, 2021
  • Law Review of Kyiv University of Law
  • Danyila Chornenka

The article examines the problems of legal regulation of transplantation of organs and tissues of the human body, describes the state and prospects for its development. It is noted that somatic human rights are reflected in the legislation of Ukraine and in the legislation of foreign countries. One of these rights is the right to a body. It is directly related to the transplantation of organs and tissues of the human body. Organ and tissue transplantation as a means of real help to diseased people who need it has a number of characteristic features that distinguish this method from other therapeutic interventions. This is related to the presence of a donor, a person who in most cases does not require medical care, as well as to problems of moral, ethical and legal nature. These circumstances prove the importance and necessity of regulating public relations in the field of transplantation. The concept of transplantation covers a set of actions of a medical institution, which are divided into two stages: removal of organs from a donor and their transplantation into a recipient’s body. Obtaining an organ or tissue from the donor will be legitimate on two required conditions: if the recipient cannot be assisted by anything other than transplantation; and if the harm to the donor is less than the danger threatening the recipient’s life. Transplantation is performed for therapeutic purposes or for experimental study of the functions of organs and cells, sometimes for cosmetic purposes. It is emphasized that the development of new biotechnology causes new legal problems that need to be solved now, before the introduction of new therapeutic methods in practice. That is why transplantology as a science of transplantation of human organs and/or tissues should be based on current legislation, which is based on the protection of fundamental rights, freedoms and human dignity. The analysis of the Ukrainian legislation on healthcare in the field of transplantation of human organs and tissues allows concluding that the legal framework on this issue has a number of lacunas. Thus, the issue of informed voluntary consent to medical intervention has not been resolved, there is no unambiguous normative definition of donors, the problem of civil regulation of the agreement for transplantation medical services has not been resolved, there is no clear legal classification of defects in medical services on transplantation of human organs and tissues etc.

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  • 10.1097/tp.0000000000003591
Liver Transplantation in Malaysia: Needs, Obstacles, and Opportunities.
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  • Transplantation
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Liver Transplantation in Malaysia: Needs, Obstacles, and Opportunities.

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  • 10.1097/tp.0b013e3181926189
Modernization of the Organ Transplantation Program in China
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  • Transplantation
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Modernization of the Organ Transplantation Program in China

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  • 10.30659/sanlar.v3i3.16542
The Urgence of Notary Deed for Organs Transplantation in Framework of Preventing Human Organs Transaction
  • Aug 18, 2021
  • Sultan Agung Notary Law Review
  • Muhammad Maulana Kevin Rizaldi + 2 more

Trafficking in human organs is a threat and also a crime for humanity. Crimes against humanity, the United Nations then formulated the practice of trafficking in human organs which was carried out with illegal means and purposes as part of a transnational crime. The regulation on organ transplantation in Indonesia is regulated in Act No. 36 of 2009 concerning Organ Transplantation. To ensure legal certainty in organ transplantation, both donors and recipients will submit a written statement not to buy organs from a prospective donor or enter into a special agreement with a prospective donor, which is stated in the form of a notary deed or a written statement ratified by a notary. The research objective is to analyze the urgency of the notarial deed of organ transplantation in the context of preventing the sale and purchase of human organs based on the Minister of Health Regulation No. 38 of 2016, the obstacles that arise in the making of a notary deed, the formulation of a notary deed in the implementation of organ or human tissue transplantation. This research is included in empirical juridical research with descriptive analysis research specifications. Sources of data used are primary data and secondary data. Data collection was carried out by field research and library research, then after the data was analyzed, conclusions were drawn using inductive thinking methods. Based on the results of the study found From the positive law, namely Permenkes No. 38 of 2016 and Islamic law, in organ transplantation it is known that there is a condition that there is no sale and purchase of organs, there is no special agreement that provides benefits to the donor and is carried out with a notarial deed in the form of an agreement or written statement under the hand that legalized or waarmerking. Currently, there are no technical or procedural obstacles in making a notarial deed of organ transplantation in the context of preventing the sale and purchase of human organs. The formulation of a notarial deed in the implementation of human organ or tissue transplants based on the Minister of Health Regulation No. 38 of 2016 is based on the legal arrangement regarding authentic deeds, namely Article 1868 BW.

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  • 10.30659/sanlar.3.3.986-999
The Urgence of Notary Deed for Organs Transplantation in Framework of Preventing Human Organs Transaction
  • Aug 18, 2021
  • Sultan Agung Notary Law Review
  • Muhammad Maulana Kevin Rizaldi + 2 more

Trafficking in human organs is a threat and also a crime for humanity. Crimes against humanity, the United Nations then formulated the practice of trafficking in human organs which was carried out with illegal means and purposes as part of a transnational crime. The regulation on organ transplantation in Indonesia is regulated in Act No. 36 of 2009 concerning Organ Transplantation. To ensure legal certainty in organ transplantation, both donors and recipients will submit a written statement not to buy organs from a prospective donor or enter into a special agreement with a prospective donor, which is stated in the form of a notary deed or a written statement ratified by a notary. The research objective is to analyze the urgency of the notarial deed of organ transplantation in the context of preventing the sale and purchase of human organs based on the Minister of Health Regulation No. 38 of 2016, the obstacles that arise in the making of a notary deed, the formulation of a notary deed in the implementation of organ or human tissue transplantation. This research is included in empirical juridical research with descriptive analysis research specifications. Sources of data used are primary data and secondary data. Data collection was carried out by field research and library research, then after the data was analyzed, conclusions were drawn using inductive thinking methods. Based on the results of the study found From the positive law, namely Permenkes No. 38 of 2016 and Islamic law, in organ transplantation it is known that there is a condition that there is no sale and purchase of organs, there is no special agreement that provides benefits to the donor and is carried out with a notarial deed in the form of an agreement or written statement under the hand that legalized or waarmerking. Currently, there are no technical or procedural obstacles in making a notarial deed of organ transplantation in the context of preventing the sale and purchase of human organs. The formulation of a notarial deed in the implementation of human organ or tissue transplants based on the Minister of Health Regulation No. 38 of 2016 is based on the legal arrangement regarding authentic deeds, namely Article 1868 BW.

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  • 10.31612/2616-4868.6.2024.13
LEGISLATIVE FRAMEWORK AND TRANSPLANTATION SYSTEM IN UKRAINE NOWADAYS
  • Aug 30, 2024
  • Clinical and Preventive Medicine
  • Gavrylo I Kovtun + 1 more

Introduction. In Ukraine, the system of human organ and anatomical material transplantation is still developing. The advancement of this process is partly hindered by complex legal issues related to human organ and tissue transplantation. Moreover, the transplantation mechanism is further complicated by the requirements for reporting, medical examinations, and multiple administrative inspections. The current functioning of the transplantation system necessitates a thorough review and critical analysis to facilitate its improvement. Aim. To study the legal framework and socio-ethical prerequisites for the further development of the transplantation in Ukraine. Materials and methods. The authors use systematic, comparative, and critical methods, as well as analytical generalization, to describe the current state and legislative prerequisites for the development of the transplantation in Ukraine. Conclusions. A review of the legal framework and socio-ethical prerequisites for the operation of the human organ and tissue transplantation system in Ukraine has revealed numerous administrative, legislative, and informational gaps that hinder the development of the Ukrainian transplantation. However, there have been recent indications of positive changes. Consequently, there is an urgent need to establish special funds with such primary goal as the financing, technical, and technological re-equipment of healthcare institutions, specifically for the needs of transplantation centres. Equally important is the implementation of various measures to incorporate foreign experience to improve the qualification of medical professionals.

  • Dataset
  • 10.6084/m9.figshare.1537367.v1
Legal Framework, Issues and Challenges of Living Organ Donation in India
  • Sep 9, 2015
  • Journals Iosr + 2 more

This paper gives insights living organ donation practices in India in context of the Transplantation of Human Organs Act (THOA) 1994 and its amended version -Transplantation of Human Organs (THO) amendment Act -2011.The paper classifies Known Living into and other than near and Unknown Living Donors as altruistic, quasi-altruistic and non- altruistic organ donors and discusses their nuances and subtleties. The paper delves multiple roles of Competent Authority and Authorization Committees in ensuring that no commercial consideration, pressures and coercion is involved in living organ donation and transplantation. The role of Appropriate Authority in issuing licenses to retrieval and transplant hospital is briefly described. This paper deliberates upon some issues like infrastructural and manpower limitations for live organ donations in Government sector; non-availability of comprehensive data on risk assessment for living donors, gender bias, role of the Authorization Committees, misuse of modern technology by unscrupulous elements which leads to over- cautious approach by the health system, lack of concern for futuristic health problems of the donors , exorbitant costs of transplant as well as post- transplant and lack of focus on living organ donation. Motivating all Indian States to adopt Transplantation of Human Organs (THO) amendment Act-2011 and Transplantation of Human Organs and Tissue (THOT) Rules 2014 that has extended the list of near relatives and permitted swap transplants, registering more people for running swap and domino chains, preventing private hospitals from ensnaring patients and relatives, and focusing on living donation as well are some of the challenges that are briefly explained in this paper. This paper shows the way ahead in addressing these issues and meeting the challenges. It also describes the important role played by National Organ Transplant Programme (NOTP) and

  • Research Article
  • Cite Count Icon 2
  • 10.1097/01.tp.0000699916.95260.a4
ENABLING LEGAL PROVISIONS AND THEIR CRUCIAL ROLE IN PROMOTING ORGAN DONATION AND TRANSPLANTATION – THE INDIAN SCENARIO
  • Aug 29, 2020
  • Transplantation
  • Vasanthi Ramesh + 1 more

Introduction: Legal provisions and government orders play an indomitable role in shaping the success of national programs. In India, besides the central legislation regulating organ donation and transplantation, the Transplantation of Human Organs and Tissues Act (THOTA) 1994, many States and Union Territories (UTs) have taken a step further by formulating their own legislations. This study is aimed at examining these legislations and their effect on organ donation and transplantation activity. Materials and Methods: Analysis was made of the legal provisions and government orders issued by different States and UTs of India. Orders pertaining to organ donation and transplantation were enlisted and examined. The data on organ donation and transplantation was collected and compiled to study the effect of these legal provisions from 2013 to 2018. Results: In India, health is a state subject. States are at liberty to formulate and execute their own legislations related to health. Hence, many States and UTs have made commendable efforts to encourage and promote organ donation and transplantation by issuing their own government orders. Tamil Nadu, Maharashtra and Delhi have made it mandatory for all hospitals to declare Brain Stem Death (BSD). This has made BSD declaration routine practice in many centres, making the general public aware of and thus accepting of this type of demise. This is reflected in the increase in the number of actual and utilized organ donors in 2018 compared to 2013 (Table-1).Andhra Pradesh and Tamil Nadu have brought organ transplantation under the purview of insurance schemes, thereby providing coverage for the cost of the transplant procedure and the immunosuppressive regimen. The central government also provides financial help of Rs.10,000/- per month to transplant recipients from below poverty line families to cover the cost of immunotherapy. This has made transplantation more accessible to financially weak patients, depicted by the significant rise in the percentage of deceased and total organ transplants in 2018 compared to 2013 (Table-2).Timely organ transport by road has been facilitated by the efforts of traffic police and citizens alike in formulating green corridors in Chandigarh, Tamil Nadu and Maharashtra, thus improving the organ utilization rate. Discussion: State legislations have contributed significantly in facilitating organ donation and transplantation. This proves the willingness of the authorities to promote a cause can have an impact when associated with legal sanction. This will encourage other States and UTs to come up with similar legislations so that these positive effects may be extrapolated to have nation-wide implications. Conclusion: Legislations can have far-reaching and long-term benefits in modifying the behavior of people. States and UTs should be encouraged to form their own legislations to execute central laws in a more effective way.

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