On The Transplantation Of Organs And (Or) Tissues

Original Language Title: О трансплантации органов и (или) тканей человека

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102020471

W a c o n Russian Federation concerning transplantation of organs and (or) tissues (as amended by the federal laws of 20.06.2000, N 91-FZ;
from 16.10.2006 N 160-FZ; from 09.02.2007 N 15-FL;
from 29.11.2007 N 279-FZ) this law determines the conditions and procedure for the transplantation of organs and (or) tissues, drawing on modern achievements of science and medical practice, and taking into account the recommendations of the World Health Organization.
Transplantation (transplantation) of organs and (or) tissues is a means of saving lives and restoring the health of citizens and must be carried out on the basis of observance of the legislation of the Russian Federation and human rights in accordance with humanitarian principles set forth by the international community, the interests of the people should prevail over the interests of society or science. (As amended by the Federal law dated 20.06.2000, N 91-FZ) section I GENERAL PROVISIONS Article 1. The conditions and procedure for the transplantation of organs and (or) tissues transplantation and (or) tissue from a living donor or a corpse can be applied only when other medications could not guarantee the preservation of the life of the patient (recipient) or to restore his health.
The removal of organs and (or) tissues from living donors is only valid if his health on the conclusion of the medical doctors will not sustained significant damage.
Organ transplantation and (or) tissue is allowed only with the consent of the living donor and, usually, with the consent of the recipient.
Organs and (or) human tissue cannot be traded. Buying and selling of organs and (or) tissues entails criminal liability in accordance with the legislation of the Russian Federation. (As amended by federal law from 16.10.2006 N 160-FZ) operations on transplantation of organs and (or) tissue recipients are based on medical evidence in accordance with the General rules of conduct surgical operations.
Article 2. A list of the organs and (or) tissues transplantation transplantation Objects objects can be the heart, lung, kidney, liver, bone marrow and other organs and (or) tissue, the list of which shall be determined by the Federal Executive authority which carries out the functions of State policy and normative-legal regulation in the sphere of health and social development, jointly with the Russian Academy of medical sciences. (As amended by federal law from 29.11.2007 N 279-FZ) this law shall not apply to organs and tissues, related to the process of human reproduction including reproductive tissues (egg, sperm, ovaries, testicles or embryos), as well as the blood and its components.
Article 3. Restricting the removal of organs from living donors and (or) tissues for transplant from a living donor is not allowed under the age of 18 years (except bone marrow transplantation) or recognized in the prescribed manner incompetent.
The removal of organs and (or) tissue is not allowed if it is established that they belong to the person suffering from a disease dangerous to life and health of the recipient. The removal of organs and (or) tissues for transplant from persons in professional or other kind of dependence from the recipient is not allowed.
Coercion of any person living donor agreed to withdraw him man's organs and (or) tissue entails criminal liability in accordance with the legislation of the Russian Federation.
Article 4. Health agencies carrying out fence, harvesting and transplantation of human organs and (or) tissues fence and harvesting organs and (or) tissues, as well as transplantation are carried out in State and municipal health care institutions. (As amended by federal law from 09.02.2007 N 15-FZ) (Repealed-the Federal law from 09.02.2007 N 15-FZ) list of health institutions carrying out fence and harvesting organs and (or) tissues, a list of the health institutions, conducting the transplantation of human organs and (or) tissues, as well as the rules for the implementation of the activities of these institutions shall be approved by the federal body of executive power executing the functions of State policy and normative-legal regulation in the sphere of health and social development, jointly with the Russian Academy of medical sciences. (As amended by federal law from 09.02.2007 N 15-FZ), Article 5. Medical conclusion about the necessity of transplantation of organs and tissues of human origin (or) a medical report on the need for transplant organs and (or) tissues is given by doctors in the appropriate health institutions comprising the attending physician, surgeon, anesthesiologist, and optionally doctors of other specialities based on the instructions of the federal body of executive power performing functions of State policy and normative-legal regulation in the sphere of health and social development. (As amended by federal law from 29.11.2007 N 279-FZ), Article 6. The consent of the recipient by transplantation of human organs and (or) tissues

Organ transplantation and (or) tissues is carried out with the written consent of the recipient. When this recipient should be warned about possible complications for his health in connection with the upcoming operational intervention. If the recipient has not reached 18 years or recognized in the prescribed manner incompetent, that transplanting with written consent of their parents or legal representative.
Organ transplantation and (or) tissue to the recipient without his consent or without the consent of his parents or legal representative is made in exceptional cases where the delay in carrying out the operation threatens the life of the recipient, and such consent is impossible.
Article 7. The operation of treaties if an international treaty to which the Russian Federation stipulates other rules than those prescribed in this Act, the rules of the international treaty shall apply.
SECTION II of the REMOVAL of ORGANS and (or) tissues from CORPSES for TRANSPLANTATION Article 8. The presumption of consent to the removal of organs and (or) tissue removal of organs and (or) tissues of the corpse is not allowed if the health care institution at the time of seizure informed that during the life of this person or his next of kin or legal representative expressed their opposition to the removal of his organs and/or tissues after death for transplantation to the recipient.
Article 9. Definition of the moment of death organs and (or) tissue may be taken from the corpse for transplant if there is indisputable evidence of the fact of death, recorded by doctors.
Conclusion of the death is given on the basis of statements of irreversible loss of all brain (brain death), established in accordance with the procedure approved by the federal body of executive power executing the functions of State policy and normative-legal regulation in the sphere of health and social development. (As amended by federal law from 29.11.2007 N 279-FZ) in the diagnosis of death in cases of alleged use as a deceased donor transplantation and prohibits participation of the members of the brigades for the donor services and paid for it.
Article 10. Permit for removal of organs and (or) tissue from the corpse of the removal of organs and (or) tissues of the corpse is made with the permission of the Chief doctor of the health institutions, subject to the requirements of this Act.
When you want to a forensic examination, a permit for the removal of organs and (or) tissues of the corpse should be given also to forensic expert with the notice on the Prosecutor.
SECTION III of the REMOVAL of ORGANS and (or) tissues from LIVING DONORS for TRANSPLANTATION Article 11. The conditions of the removal of organs and (or) tissues from living donors the removal of organs and (or) tissues from living donors for transplantation to them may be exercised only in the interests of the health of the recipient and in the absence of suitable for transplantation of organs and (or) tissues of the corpse or alternative treatment, the effectiveness of which is comparable with the efficiency of transplantation of organs and (or) tissues. (New part one supplemented by federal law from 20.06.2000, N 91-FZ) removal of organs and (or) tissues from living donors for transplantation recipient is permitted subject to the following conditions: If the donor warned of possible complications for his health in connection with the upcoming operational intervention to recover bodies and (or) tissues;
If the donor is freely and knowingly consented in writing to the removal of their organs and (or) tissues;
If the donor has undergone comprehensive medical examination and conclusion of physicians about the possibility of removing from him the man's organs and (or) tissues for transplant.
Removal of a living organ donor is permitted if it is with the recipient of the genetic link, except in cases of bone marrow transplants.
(Parts one and two are considered parts of the second and third, respectively, as amended by the Federal law dated 20.06.2000, N 91-FZ) Article 12. The right donor donor, the popular initiative agreement their transplant organs and (or) tissues, have the right to: demand from health agencies fully informed about possible complications for his health in connection with the upcoming operational intervention to recover bodies and (or) tissues;
receive free treatment, including medication, in a health facility in connection with the operation.
Article 13. Restrictions on organ transplants and (or) tissues from living donors have a living donor can be withdrawn for transplantation doubles body part of an organ or tissue, which does not entail irreversible health problems.
SECTION IV LIABILITY of the HEALTH CARE INSTITUTIONS and his staff Article 14. Responsible for disclosing information about a donor and recipient for doctors and other health staff are forbidden to divulge information about the donor and recipient.
Disclosure of such information is punishable in accordance with the legislation of the Russian Federation.
Article 15. Inadmissibility of selling organs and (or) tissues

Health agency authorized to conduct operations on the fence and harvesting organs and (or) tissues of the corpse, are prohibited from selling them.
This law shall not apply to preparations and all the materials for preparation of tissue components.
Article 16. Responsibility of health institutions if the donor or the recipient suffered damage that is associated with the violation of conditions and procedures for the removal of organs and (or) tissue and transplant under this order 3akonom, health care institution bears a liability before the specified persons in the manner prescribed by the legislation of the Russian Federation.
The President of the Russian Federation, b. YELTSIN Moscow, Russia House Tips December 22, 1992 N 4180-I