25 FEBRUARY 2007. - An Act to amend the Act of June 13, 1986 on organ transplantation and transplantation (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART I^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
PART II. - Organ transplant
Art. 2. In the Act of 13 June 1986 on organ transplantation and transplantation is inserted an article 1^erbis, to read:
“Art. 1^erbis. § 1^er. The King may set rules and impose conditions or restrictions on the collection, conservation, preparation, importation, transport, distribution and delivery of organs, tissues and cells.
Any execution of paragraph 1^er after the coming into force of the Program Law of 22 December 2003 shall be by a Royal Decree deliberated in the Council of Ministers.
§ 2. The King takes the necessary measures to ensure an optimal organization of organ removals and to improve the detection, selection and management of donors. »
Art. 3. Article 6, § 2, of the Act is replaced by the following provision:
“§2. If a person who has attained the age of 18 is not in a position to manifest his or her will because of his or her mental state, the removal referred to in § 1^er is subject to the consent of the legal representative or designated by the patient, or, if such person fails or wishes not to intervene, by a person designated under the provisions of section 14, § 2, paragraphs 1^er and 2, Act of 22 August 2002 on patient rights. »
Art. 4. In Article 7, § 2, of the Act, as amended by the Act of 7 December 2001, the following amendments are made:
1° 2° is repealed;
2° the 1°bis becomes the 2°;
3° the 3° is replaced by the following:
"3° if a donor is unable to demonstrate his will because of his mental state, the consent expressed by his or her parents or guardian. »
Art. 5. In the same law, an article 8bis is inserted:
"Art. 8bis. Any sampling of living persons must be the subject of a multidisciplinary prior consultation.
The King may determine the terms and conditions for the application of paragraph 1^er. »
Art. 6. In section 10 of the Act, amended by the Acts of 17 February 1987 and 14 June 2006, the following amendments are made:
1° in § 2, paragraphs 2 and 3, the words "by his relatives living in common with him" are replaced by the words "by one of the parents exercising authority over the minor or his guardian";
2° in § 3bis, the word "close" is replaced by the words "competent persons under this article on the date of expression of consent or opposition";
3° it is inserted a § 3ter written as follows:
§ 3ter. The King organizes a mode of expression of the express will of any person as a donor";
4° § 4, 3°, is repealed;
5° § 4, paragraph 2, is repealed.
Art. 7. In the same law, an article 13bis is inserted, as follows:
"Art. 13bis. An organ allocation agency regulates the collaboration between transplant centres in several countries. It is approved by the King for his activities in respect of Belgian centres.
To be approved and to remain, any organ allocation organization shall, in accordance with the conditions determined by the King, be required to ensure:
1° optimum compatibility between the organs taken and the candidates received;
2° a reasonable balance between the number of organs exported outside Belgium and the number of organs imported there. »
Art. 8. In the same Act, an article 13ter is inserted, as follows:
"Art. 13ter. To be registered or recognized as a receiver candidate in a Belgian transplant centre, any person must either have Belgian nationality or be domiciled in Belgium for at least 6 months, or have the nationality of a state that shares the same organ allocation agency or be domiciled in Belgium for at least 6 months. »
Art. 9. In the same Act, an article 13quater is inserted, as follows:
"Art. 13quater. The King may fix the conditions of exception to the application of Article 13ter. »
Art. 10. In Article 17, § 3, the words "and articles 13ter and 13quater are inserted between the words "at articles 4, at 11, 13" and the words "as well as the decrees".
PART III. - Abrogatory provision
Art. 11. Article 1^er§ 3 of the law of 13 June 1986, inserted by the law of 22 December 2003, is repealed.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 25 February 2007.
ALBERT
By the King:
Minister of Social Affairs and Public Health,
R. DEMOTTE
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Note
(1) Regular session 2005-2006.
House of Representatives:
Parliamentary documents. - Bill No. 51-2690/1. - Amendment No. 51-2680/2 to 4. - Report of the Commission, No. 51-2680/5. - Text adopted by the Commission, No. 51-2680/6. - Text adopted in plenary and transmitted to the Senate, No. 51-2680/7.
Annales parliamentarians. - Discussion and adoption. Session of December 21, 2006.
Senate:
Parliamentary documents. - Project designed by the House of Representatives, No. 3-2007/1. - Project not referred to by the Senate.