Organ Transplant And Tissues Law Nro. 24.193 - Modification - Full Text Of The Norm

Original Language Title: TRASPLANTE DE ORGANOS Y TEJIDOS LEY NRO. 24.193 - MODIFICACION - Texto completo de la norma

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Law 26,066 Amendment of Law No. 24,193. Demonstration of their negative or affirmative will by people regarding the ablation of the organs and tissues of their own bodies. Ablation in cases of capable persons over 18 years of age who have not expressly stated their opposition to the removal of their organs and tissues after their death. Death of children under 18 years of age who are not emancipated. Communication to the Unique National Institute for the Coordination of ablation and Implant (INCUCAI). Sanctioned: November 30, 2005 Cast: December 21, 2005

The Senate and Chamber of Deputies

of the Argentine Nation gathered in Congress,

etc.

Law:

ARTICLE 1 Replace in the entire text of Law 24.193 the expression "anatomical material" by the term "woven", understood by tissues to the group of cells intended to fulfil the same biological function.

ARTICLE 2 Replace article 1 of Law 24.193, which shall read as follows:

Article 1: The ablation of organs and tissues for the implantation of human bodies to human beings and between human beings is governed by the provisions of this law throughout the territory of the Republic.

Except as foreseen by the present, the naturally renewable or separable tissues of the human body with the exception of obtaining and preserving hematopoietic parent cells and their subsequent implantation of humans, which will be governed by this law.

Be engrossed by this rule to the new, practical or technical that the enforcement authority recognizes to be linked to the implantation of organs or tissues in humans. Consider xenotransplant as provided for in the preceding paragraph when it meets the conditions to be determined in a timely manner by the application authority:

Article 3 Replace article 13 of Act 24.193, which shall read as follows:

Article 13: The heads and chairs of the teams, as well as the professionals referred to in Article 3 shall inform the living donors and the recipients and, if they are the latter incapable, their legal representative or person who stops their guard, sufficiently, clearly and adapted to their cultural level, about the risks of the operation of thousand ablation and implantation ,, as the case may be foreseeable, and their physical sequelabilities are improved.

In the event that donors and recipients do not object, the information will also be provided to their family group in the order and conditions provided for in article 21 of Law 24.193 and amendment.

After making sure that the information has been understood by the recipients of it, they will leave to the free will of each of them the decision to adopt. The performance of this requirement, of the decision of the giver, of the receiver and of the legal representative when appropriate, as well as of the medical opinion on the aforementioned risks, sequelae, evolution, limitations and improvement, both for the giver and for the receiver, must be documented in accordance with the regulations to be established by regulation.

If the receiver or giver is incapable in the case of bone marrow transplantation, the information provided in this article should also be given to its legal representative.

In the cases contemplated in Title V the period between the receipt of the information and the respective operation cannot be less than CUARENTA and OCHO (48) hours.

In the light of the assumption provided for in Article 21, with respect to cadaveric donors, the information shall be provided to the persons listed therein, in the forms and conditions described in this Article, for information purposes only.

ARTICLE 4 Replace article 19 of Law 24.193 with the following text:

Article 19: Any person may expressly:

1. Demonstrate your negative or affirmative will to the ablation of the organs or tissues of your own body.

2. To restrict in a specific way its affirmative will of ablation to certain organs and tissues.

3. To condition the purpose of the affirmative will of ablation to any or some of the purposes set forth in this law .implante in living humans or for purposes of study or investigation ..

ARTICLE 5o Incorporate into law 24.193, as article 19 bis the following:

Article 19 bis: Ablation may be carried out in respect of any person who is the oldest capable of DIECIOCHO (18) years that has not expressly stated his opposition to the fact that after his death the removal of his organs or tissues shall be carried out, which shall be respected in any manner in which it is manifested.

This article shall enter into force after NOVENTA (90) days of execution of the provisions of article 13 of this Act, which amends article 62 of Law 24.193.

ARTICLE 6 Incorporate into law 24.193, as article 19 ter the following:

Article 19 ter: In the event of the death of children under DIECIOCHO (18) years, not emancipated, their parents or their legal representative, exclusively, may authorize the ablation of their organs or tissues by specifying the scope of it.

The family link or the representation invoked will be credited, in the absence of another test, by affidavit, which will be a public instrument, and must be accompanied within the hours of the respective documentation.

The lack of consent of any parent shall eliminate the possibility of authorizing ablation in the minor ' s body.

In the absence of the persons mentioned above, intervention will be given to the Pupilar Ministry, who may authorize ablation.

All acts shall be broken and the respective records shall be filed in the establishment, including a certified copy of the national identity document of the deceased. Of all this, certified copies will be sent to the authority of the Controller. The certifications will be made by the Director of the establishment or who replaces it. Failure to comply with the provisions of this paragraph shall make it possible for the professionals involved in the sanction set out in article 29.

ARTICLE 7 Replace article 20 of Law 24.193, which shall read as follows:

Article 20: Any official of the Registry of the Civil State and Capacity of Persons shall be obliged to seek from the capable persons, who are over DIECIOCHO (18) years before that agency to carry out any proceedings, the manifestation of their positive or negative will in the terms of Article 19 and 19 bis or their refusal to express such will. The person concerned must answer the request.

Such a demonstration or its refusal to express it shall be recorded in the national identity document of the declarant and shall immediately be communicated to the Unique Central National Institute for the Coordination of Ablation and Implant (INCUCAI), leaving in all cases clearly the limitations specified by the person concerned, if any.

The regulation shall establish other forms and modalities that facilitate the demonstration and promote the possibility of obtaining consent on the occasion of the actions of the electors.

Any public or private assistance establishment shall, for the purposes of this article, serve as a delegation of the Unique National Institute for the Coordination of Ablation and Implant (INCUCAI), as this condition for its empowerment.

The Federal Police and the Unique National Central Institute for the Coordination of Ablation and Implant (INCUCAI) must register in the national identity document the will of the giver must communicate that circumstance within the CINCO (5) days to the Registry of Civil State and Capacity of Persons.

El Correo Oficial de la República Argentina Sociedad Anónima, a solicitud de cualquier ciudadano mayor de DIECIOCHO (18) años, envió en forma gratuito telegram o carta al Instituto Nacional Central Unico Coordinador de Ablación e Implante (INCUCAI), con copia al Registro del Estado Civil y capacidad de las Personas en la que conste la not del sender de su refusal a donar los órganos. The Mail shall record in the National Identity Document of the sender of the notification made.

ARTICLE 8 Replace article 21 of Law 24.193, which shall read as follows:

Article 21: In the event of natural death, and there is no express manifestation of the deceased, the following persons shall be required, in the order in which they are listed whenever they are in full use of their mental faculties, testimony about the last will of the offender, regarding the ablation of their organs and/or the purpose thereof.

(a) The undivorced spouse who lived with the deceased, or the person who, without being his spouse, lived with the deceased in relation to a non-extended marital type of THRE (3) years, continuously and uninterrupted;

(b) Any of the older children of DIECHO (18) years;

(c) Any parent;

(d) Any of the older brothers of DIECIOCHO (18) years;

(e) Any of the grandchildren over DIECIOCHO (18) years;

(f) Any of the grandparents;

(g) Any consanguineous relative to the fourth grade even;

(h) Any relative for affinity up to the second degree inclusive;

(i) The legal representative, guardian or curator;

According to the above-established enumeration and respecting the order set out there, persons who testify or take account of the last will of the offender in the nearest order exclude the testimony of those in a lower order. In the event of contradictions in the testimonies of persons in the same order, it shall be set out in article 19 bis.

The relationship with the causator and the testimony of his last will shall be credited, in the absence of any other evidence, by affidavit, which shall be a public instrument, and shall be accompanied within the ACCENTA And OCHO (48) hours: respective documentation, when applicable.

Article 9 Replace article 22 of Law 24.193 with the following:

Article 22: In the event of violent death, the competent authority shall take the precautions aimed at locating the persons listed in the preceding article for the purpose of which the persons themselves account or testimonie the last will of the offender, with due accreditation of the means and mechanisms used for the notification in time and form of the family members for the purpose of testifying or giving account of the last will of the alleged donor.

The judge who understands in the case shall order in the time of SEIS (6) hours after the death the intervention of the forensic physician, police or who performs such function, in order to determine whether the organs or tissues that are suitable for ablation will not affect the autopsy examination.

Even if there is express authorization of the offender or the testimony referred to in article 21 within the SEIS (6) hours of the death of the offender, the judge shall inform the National Unique Central Institute of the Absorption and Implant (INCUCAI) or the corresponding jurisdictional agency of the authorization to carry out the application of the ablation, through established judicial resolution, with specification of the organs or tissues authorized to ablation.

A refusal by the intervening judge to authorize the execution of the ablation shall be justified in accordance with the requirements of this law.

In the event of doubt about the existence of express authorization of the offender, the judge may require the National Unique Central Institute for Ablation and Implant (INCUCAI) or the corresponding jurisdictional body to report it deems necessary.

ARTICLE 10. el Replace article 27 (b) of Law 24.193, with the following:

(b) On the body of the person who has expressly manifested himself to the contrary for the ablation or, if any, of the organ or organs concerning which the ablation has been refused, as well as when the organs or tissues are intended for purposes other than those authorized by the person. To this end, it shall be considered that there is express manifestation contrary to the extent of the assumption of article 21 of this law.

ARTICLE 11. los Replace Article 44(n) and (q) of Law 24.193, which shall be read as follows:

(n) Coordinate the distribution of organs at the national level, as well as the receipt and dispatch of them at the international level and the actions carried out for the maintenance of the following records:

(1) Registration of persons who have expressed opposition to the ablation of their organs and/or tissues.

(2) Registration of persons who accepted the ablation or condition the same to any of their organs or to some of the purposes provided for in this law.

(3) Recording of manifestations of last will, under the conditions of article 21 in which the identity of the person who bears witness and his relationship with the person who bears witness.

(4) Registration of destination of each of the organs or tissues attached to the hierarchy of the confidential records under medical secret.

(q) Conduct actions to keep the records created by this law updated in the national order.

ARTICLE 12. Replace article 45 of Act 24,193, with the following:

Article 45: The Unique National Central Institute for Abolition and Implant (INCUCAI) will be in charge of a directory consisting of a president, a vice president and a director, appointed by the national executive branch in accordance with the following provisions:

(a) The President shall be appointed on the proposal of the Ministry of Health and Environment, Ministry of Health Policy, Regulation and Health Relations;

(b) The Vice-President shall be appointed on the proposal of the Federal Health Council (COFESA);

(c) The director will be appointed with the pre-release of titles and background with a leading background on the subject, whose evaluation will be carried out by the Ministry of Health and Environment Secretariat for Policy, Regulation and Health Relations;

(d) The members of the directory will last four years in their functions and may be re-elected for another period.

They will have full-time dedication and will not be able to participate in any institute, entity or institution linked to the object of this law.

ARTICLE 13. Replace in law 24.193, the text of article 62 with the following:

Article 62: The national executive branch shall carry out, on a permanent basis, through the Ministry of Health and Environment, and if the latter so provides it through the Unique National Institute for the Coordination of Ablation and Implant (INCUCAI), an intense campaign pointing out the voluntary, altruistic, disinterested and sympathetic nature of the donation of organs and tissues in order to inform the population of the scope of the regime established by this law. Authorize the Ministry of Health and Environment to conclude agreements with other public or private entities or agencies, national or international for the best implementation of this objective.

ARTICLE 14. The Ministry of Health and Environment shall ensure the provision of the necessary medicines and therapeutic procedures that arise as a result of the transplants carried out in people without coverage and without resources, as provided by the law.

ARTICLE 15. This law shall enter into force the TREINTA (30) days of its publication in the Official Gazette.

ARTICLE 16. Contact the Executive.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE TREAT DIAS OF THE MONTH OF NOVEMBER OF THE YEAR DOS MIL CINCO.

_

EDUARDO O. CHANGE. . DANIEL O. SCIOLI. . Eduardo D. Rollano. . Juan Estrada.