Modifies The Law Nâ ° 19.451, In Order To Determine Who Nes Can Be Considered A Donor Organs And The Way In Which May Manifest His Will

Original Language Title: MODIFICA LA LEY N° 19.451, CON EL FIN DE DETERMINAR QUIÉNES PUEDEN SER CONSIDERADOS DONANTES DE ÓRGANOS Y LA FORMA EN QUE PUEDEN MANIFESTAR SU VOLUNTAD

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"Sole article.-amending the law N ° 19.451, about transplantation and donation of organs, as follows: 1.-Insert, then of article 2, the following article 2 ° bis, new:"article 2 bis.-persons whose state of health requires it shall be entitled to be recipients of organs. "
Any person older than eighteen years will be considered, by the only Ministry of law, donor organs once deceased, unless in life you have expressed the wish to not be in any of the ways set out in this Act. "."

2 Introducense, in article 3, the following amendments:-replace the first paragraph by the following: 'article 3.-the donation of organs can only be performed free of charge. Is prohibited, shall be null and void any act or contract that, for valuable consideration, contains the promise or delivery of an organ for transplant. "."
-Replace, in the second paragraph, the phrase "and attributable" to the receiver by "and will be attributable to the health system of the receiver according to the legal, regulatory and contractual rules that apply".

3 Add, then of article 3, the following article 3 ° bis, new: "article 3 bis.-may not provide or disclose information permitting identification of the donor.
Also, relatives of the donor may not know the identity of the receiver, the receiver or relatives of the donor and, in general, any dissemination of information that can directly relate the extraction with the subsequent graft or implementation is prohibited.
This prohibition will not affect those directly interested in a donation between living persons.
Information relating to donors and recipients of human organs will be collected, treated and guarded in the strictest confidentiality and will be considered a sensitive data, pursuant to the law Nº 19,628, on protection of private life. "."

4. replace article 4º, by the following: "article 4.-only permit the removal of organs in life for the purpose of transplantation among related parties, according to provisions in the following article, and always deemed to reasonably do not cause serious damage to the health of the donor and there are chances of success to preserve the life or improve the health of the recipient. This extraction should always practise positive fitness report.
The regulation will establish bodies that may be subject to removal in these cases. "."

5 Add, then of article 4, the following article 4 bis, new: "article 4 bis.-the removal of organs in life for the purpose of transplantation is permitted only in able to people over the age of eighteen years and when the receiver is its relative blood or by adoption up to the fourth degree, or your spouse, or a person who, without being your spouse together with the donor.
The consent of the donor cannot be replaced or supplemented, and may always be revoked, until the very moment of surgery, while retain capacity to express their will, case in which removal is not practiced. "."

6 replaced, in article 5, the reference to the "previous article", with another "article 4 °".

7 replacements the second and third subparagraphs of article 6, by the following: "consent shall be recorded in a report to the director of the establishment where there are carried out the extraction, who will have the character of Minister of faith for these effects. The quality of Minister of faith will be extensive referral director delegate to whom such responsibility.
The Act, which must be signed by the donor, who also stamped in it their footprint thumb digit, will contain information on the risks of the operation and the possible physical and psychological consequences extraction may cause him, as also the individualization of the receiver. The minutes shall be signed by doctors who have issued the report of physical fitness of the donor and the doctor who provided him concerned information, whose content be specified in the regulations and it Minister of faith must be stated that, in its sole discretion, the donor is in full use of his mental faculties. "."

8 Suprimense articles 7 ° and 8 °.

9. replace article 9th, by the following: "article 9. Persons over eighteen years of age may expressly renounce their status as donors of their organs for transplantation for therapeutic purposes.
The resignation may manifest itself at any time before the Civil Registry and identification service. In addition, to obtain or renew the identity card or license motor vehicles. The foregoing shall be recorded in such documents.
Municipalities immediately inform the concerned service individualization of those who have resigned to be donors.
En_caso_de doubt founded upon a renunciation of its donor or the validity of this condition, it should require the following people, in preferential order referred to below, provided that they are present at the time of the decision, so they give testimony about the last will of the deceased: a) the spouse who was living with the deceased or the person who lived with him in conjugal relationship;
(b) any of the children over 18 years of age;
(c) either parent;
(d) the legal representative, the guardian or curator;
(e) any age of 18 brothers;
(f) any age of 18 grandchildren;
(g) any of the grandparents;
(h) any blood relative up to the fourth degree inclusive;
(i) any relative by affinity up to the second degree inclusive.
In the event that there are contradictions in the testimonies of the people who are in the same order, or it is not possible to require this testimony to any of them within a reasonable period of time to perform the transplant, the circumstances, it will be as provided in the second paragraph of article 2 ° bis.
The relationship with the donor and the witness of his wishes will be credited, in the absence of other proof by affidavit, which shall be provided to the director of the health care establishment or to who this delegate this role, in the terms indicated in the second paragraph of article 6.
In any case, the resignation to become a donor may be expressed at any time before the removal of the organs, without subject to any formalities, to the director of the establishment assistance in that it is interned or to whom this delegate this role or before any of the physicians that are treating. "."

10 replace article 10 by the following: ' article 10.-in case of death of children under eighteen years, only his parents or his legal representative may authorize, expressly, his organ donation. " The family relationship or representation that is invoked will be credited, in the absence of other proof by affidavit, which shall be extended in the very act of polling before the director of the health care establishment or who this delegate this role, in the terms laid down in the second paragraph of article 6. "."

11 article 12, replace by the following: ' article 12.-in the case of the cases provided for in the articles 199 and 201 of the Penal Procedure Code, or when the death would have resulted in a criminal investigation, the authorization of the Prosecutor will be required to allocate the corpse for the purposes provided for in this law. "
To make his decision, the Prosecutor should consult the Legal medical service physician or the physician designated by him. This professional must become the establishment where the eventual donor and inform the Prosecutor if the removal of the organs may affect the realization of necessary medical examinations for the success of the research.
The authorization may be filed by the means of communication that is more expeditious. It must be written evidence of the authorization, which shall be communicated to the physician requesting the form that is most appropriate to the urgency of the medical procedure. "."

12 article 13, replaced by the following: "article 13.-which facilitates or proporcionare to another, with non-profit to be used for the purpose of transplantation, organ will be punishable with lower minimum degree presidio." The same penalty shall be guilty of that should make offer or proporcionare money or any other material or economic benefits in order to obtain for himself same organ or the necessary consent to its removal.
If behaviours referred to in the preceding paragraph may be made by third parties, the penalty will increase by two degrees.
Article 13 bis-which remove organs from a cadaver for the purpose of transplantation without complying with the provisions of this Act shall be punishable with lower in its minimum degree presidio. Same penalty incurred those bodies who intended for a purpose other than the permitted by this Act or the health code.
A breach of the rules contained in article 3 ° bis shall be punished with a fine of twenty to fifty monthly tax units. "."

13 Add, then article 14, the following, new:
"Article 14 bis-the Ministry of health, through the Secretariat for welfare networks, must ensure the existence of a national coordination of transplants, to be mission the implementation of a national policy in the framework of standards, objectives and principles set out in this Act and that applies both to the national system of health services assistance network , like institutional health providers private and public not belonging to that network. "."

14 incorporated in article 15 the following new second paragraph: "The Civil Registry and identification service must carry a national registry of non-donors, which will be public and will be available for expeditious consultation, especially by public and private health facilities.".

15. Add the following article 15 bis, new: ' article 15 bis.-will be up to the Ministry of health establish necessary certification standards for professionals who perform acts of procurement of organs and tissues; " as well as establish additional requirements for the accreditation of the establishments indicated in article 2.
Also shall establish, according to the principles of cooperation, efficiency and solidarity, regulations, coordination and technical, human, and operational mechanisms that are necessary to promote and execute the activities of donation, extraction, preservation, distribution, Exchange, and transplantation of organs and tissues throughout the country. ".".