Act No. 038-2020/An On The Donation, Prelevement, Transplantation And Transplantation Of Organs, Tissues And Human Cells To Burkina Faso


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ACT NO. 038-2020/AN




Having regard to the Constitution;

In view of resolution No. 001-2015/AN of 30 December 2015 on validation

The mandate of Members;

Deliberated at its meeting on 18 December 2020

And adopted the law with the following content:



Section 1: Object and scope

Article 1:

The purpose of this Act is to govern donation, collection, transplantation

And transplantation of organs, tissues and human cells in Burkina Faso.

Article 2:

May be given, removed, transplanted and grafted, organs, tissues

And human cells.

The list of human organs, tissues and cells is defined by decree in

Council of Ministers on the proposal of the Minister for Health.

Article 3:

This Act does not apply to the transplantation of stem cells and cells

Of reproduction.

Section 2: Definitions

Article 4:

For the purposes of this Law:

-cell: basic unit of any organism except viruses;

-stem cell: undifferentiated cell, capable of self-renewing, of

Differentiate into other cell types and proliferate in culture;

-cornea: fibrous and transparent membrane forming the face

Anterior eye of the eye;

-donation: altruistic act and generosity referring to the will of a

Person called a donor who decides to give part of his or her body

For therapeutic or scientific purposes;


-donor: any person who accepts the removal of an organ or

Tissue on it and donating it to a patient;

-Registry: surgical procedure consisting of the transfer of a body, a part

Organ or human tissue from one point to another of the same individual

Or from one individual to another;

-graft: organ or part of organ or tissue that has been transferred from a

Point to another individual or individual from one individual to another;

-encephalic death: total, definitive and irreversible state of absence

Any brain activity;

-organ: any circumscribed and completely differentiated part of the body,

Composed of different fabrics that maintain its structure, its

Vascularization and ability to perform physiological functions

With some autonomy;

-vital organ: any organ whose collection inevitably leads to

The death of the person on whom the person was removed;

-deceased person: person with encephalic death;

-collection: surgical procedure for removing an organ, a

Part of organ with its vessels or a tissue;

-recipient: a sick person who has done or is the subject of a tissue transplant or


-transplanting: surgical procedure consisting of the transfer of an organ or

Part of a donor's organ and involving the re-establishment of the

Vascular continuity of this organ or part of organ with the system

Recipient circulatory system;

-tissue: any part of the human body composed of an organised group

Of living cells with identical potentialities and filling a

Determined function.


Section 3: General principles

Article 5:

Donation, retrieval, organ transplantation and tissue transplantation; and

Human cells are carried out with respect to the integrity of the person

Under the conditions laid down in this Law.

Article 6:

The donation, collection, transplantation and transplantation of organs and tissues

And human cells can only take place for therapeutic purposes

Or scientific.

Article 7:

The principle of non-preservation of the human body implies prohibition


The donation of organs, tissues and cells is free and anonymous.

Anonymity does not apply to the related living donor.

Any remuneration of the donor is prohibited.

The donation is financially neutral for the donor.

Article 8:

Costs related to collection, transplant and transplant operations

Human and hospital tissues and cells are set by way of


Article 9:

Any advertising on organ donation, collection, transplantation

Organ, the transplantation of human tissues and cells is prohibited.

However, public information in the form of health education and

The Minister's responsibility for health is expressly authorized.




Section 1: From the levy on a living person for purposes


Article 10:

No organ, tissue and human cell collection may have

Place on a minor living person or on a major living person

Subject to a legal protection measure.

However, bone marrow sampling may be performed on a

Minor for the benefit of his brother or sister. This levy cannot be

Exercised that with the free and informed consent of the owners of the authority

Parental or legal representative of the minor before the presiding judge

Of the place of his or her residence.

Article 11:

The living donor who intends to authorize the collection of his or her body in sight

A Registry shall be informed in writing of the risks involved and

The possible consequences of the withdrawal by the doctor entitled to

Opinion of the National Committee provided for in Article 25 of this Law.

In order to inform its decision, the National Committee may proceed to

Investigations and any consultations that it considers necessary.

Article 12:

The removal of organs, tissues and human cells cannot be

Without the prior, free and informed consent of the donor.

Consent is revocable at any time.

Article 13:

The free and informed consent of the donor is expressed to the President

The court of large instance or the domicile of the judge designated by him

Donor or authorized public hospital establishment.


The President of the High Court or the Magistrate designated by him

Verifies the identity of the donor, the compliance with the law of the donor relationship

To the recipient and the absence of any constraints.

The President of the High Court or the Magistrate designated by him

Also ensures that the donation is free.

Article 14:

A psychosocial evaluation of the organ donor is carried out by a

Qualified professional. The results of this evaluation are integrated into the

File to be submitted to the President of the competent court.

Article 15:

The President of the court or the judge designated by him who collects the

Consent shall produce a record co-signed by the donor and by the


The Registrar of the competent High Court shall transmit a copy to the

Approved hospital public institutions.

Section 2: From the levy on a deceased person for a purpose

Therapeutic or scientific

Article 16:

The collection of a deceased person for therapeutic purposes or

Scientists can only be performed on the condition that they have verified the

Prior to the authorization granted by the deceased of his or her lifetime.

The prior authorization of the deceased shall be made by a written and legalized act,

Lodged at the Registry of the High Court in the jurisdiction of which

Finds his home.

The court shall, without delay, inform all licensed hospitals

To take samples and transplants of organs.

Approved hospital facilities record this authorization on a

Register maintained for this purpose.


The person who gave the authorization may revoke the authorization at any time.

A decree issued in the Council of Ministers specifies the terms and conditions

The issuing of the donor card provided for in Article 26 of this Law.

Article 17:

No sampling can be carried out in the context of transplantation

Or the transplant on a deceased person who has not previously given his or her

Authorization even with the consent of a family member.

Article 18:

Death is recognized by two non-member hospital physicians

The team that carries out the levy and the transplant.

The two doctors who make the observation of the death stand trial -

Signed by them. The Minutes shall mention the date, time and cause





Section 1: Accreditation of public hospital facilities

Article 19:

Collection, transplantation and transplantation are carried out only

In licensed public hospitals.

Approval is issued by the Minister in charge of health on proposal

The supervisory body provided for in Article 25 of this Law.

Article 20:

Hospital public institutions, in order to be approved, satisfy the

The following conditions:

-availability of specialist medical staff who are competent and available to carry out

Organ removal and transplantation operations;


-have the technical means to witness the death;

-having a suitable technical platform;

-be equipped with the necessary means for reconstitution and conservation

Of bodies.

Section 2: Technical and material skills of the

Approved hospital public institutions

Article 21:

Approved hospital public institutions are equipped with skills and

Technical means necessary for the uninterrupted realization of

The whole process of organ removal, transplantation and transplantation,

Human tissues and cells.

Article 22:

Approved hospital public institutions have blocks

Operatories and performing laboratories previously dedicated to the

Retrieval, transplant and transplant operations.

Article 23:

The approved hospital establishment that proceeds with the continuous collection

To administer to the donor free medical care related to the donation.

Article 24:

A decree of the Council of Ministers shall lay down the conditions and conditions for

Management of personnel directly involved in the operations of

The collection, transplantation and transplantation of organs, tissues and

Human cells.


Section 1: Creation and remit


Article 25:

A National Committee for the Control and Ethics of Donation is established.

Retrieval, transplantation and transplantation placed with the Minister in

Health care.

Article 26:

The National Committee for the Control and Ethics of Donation, Collection,

Transplantation and transplantation has the following responsibilities:

-to ensure transparency, coordination of donation, collection,

Transplantation and transplantation;

-to maintain records of donation, collection, transplantation

And transplantation;

-to ensure patient safety and respect for ethics


-issuing an organ donor card to the person who gave,

In the person's lifetime, the authorization to collect or donate organs;

-to propose public hospitals for approval according to a workbook

Charges specified by the Ministry of Health;

-to draw up a list of approved medical staff for transplantation

Bodies and their fields of competence.

Section 2: The composition of the National Monitoring Committee and


Article 27:

The National Committee for the Control and Ethics of Donation, Collection,

Transplantation and transplantation is made up of representatives from the Department in

Ministry of Health, Ministry of Justice, Ministry of Health

Office of Human Rights, University-University, Representatives

The National Council of the Order of Physicians, of the National Order of Physicians

Pharmacists and patient associations.


Article 28:

The arrangements for the appointment of representatives, the organization and the

Operation of the Committee shall be fixed by decree of the Council of Ministers.


Section 1: Administrative sanctions

Article 29:

Approval of any licensed public hospital that ceases to hold

Any of the conditions set out in section 20 of this Act may be

Suspended or withdrawn in whole or in part, by order of the Minister responsible

After the reasoned opinion of the National Committee for the Control and Ethics of the

Donation, collection, transplantation and transplantation.

However, in case of emergency, authorisation may be suspended

Temporarily by the Ministry of Health without prior notice of the

National Committee. The latter shall be informed immediately of the decision.

Article 30:

It is subject to disciplinary sanctions without prejudice to criminal penalties and

Additional penalties provided for in texts governing orders

Professionals, any health professional who is involved in practices

Contrary to the rules of ethics and ethics of the profession.

Section 2: Criminal sanctions

Article 31:

Is liable to imprisonment for two to five years and a fine of two

Millions (2 000 000) to ten million (10,000,000) of FCFA anyone who

Obtains from another person a body against payment or any other

Form of consideration.

It is punishable by the same penalties, the fact of providing assistance in favour of

Obtaining a body against payment or any other form of

Counterparty, or to assign such an organ of another's body for consideration.


Article 32:

It is punishable by ten to twenty years' imprisonment and a fine of five

Millions (5 000 000) to twenty million (20 000 000) of FCFA, the fact of taking

A body on a major living person without the consent of

It has been collected under the conditions set out in this Act.

The same penalties shall be imposed for the removal of organs from a donor

Living minor or on a major living donor under legal protection without

Have complied with the conditions set out in this Act.

Article 33:

Is punishable by five to ten years' imprisonment and a fine of one million

(1 000 000) to five million (5 000 000) of FCFA, whoever gets from a

The removal of human tissue and cells from payment

Or any other form of consideration.

The same penalties shall be imposed for the promotion of the

Obtaining human tissue and cells for payment or transfer

For consideration for human tissues and cells.

Article 34:

10 to 20 years' imprisonment and a fine of five

Millions (5 000 000) to twenty million (20 000 000) of FCFA or one of these

Only two penalties, any person taking samples

Organs or transplants of organs, tissue grafts and

Human cells in a facility that has not obtained authorization

Required by this Act.

In addition, the establishment may be closed for a period of time

One to three years.

Article 35:

The fact for an establishment to carry out conservation or

Processing, distribution or transfer of organs, tissues and

Human cells for a donation in violation of the provisions of this

Law enforces the withdrawal of its approval.