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On The Transplantation Of Organs And (Or) Tissues

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

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A A C A O About About Transplantation of organs and (or) tissues of a person (In the wording of federal laws dated 20.06.2000 N 91-FZ; , 16.10.2006 N 160-FZ; of 09.02.2007 N 15-FZ; of 29.11.2007 N 279-FZ) This Law defines the conditions and order of transplantation of organs and (or) tissue of a person, based on modern scientific and medical practice, and also taking into account the recommendations of the World Health organizations. The [ [ transplant]] of organs and (or) tissues of a person is a means of saving the life and restoration of the health of the citizens and must be carried out on the basis of compliance with the legislation of the Russian Federation and human rights in accordance with the law of the Russian Federation. with the humane principles proclaimed by the international community, and the human interests must prevail over the interests of society or science. (In the wording of Federal Law No. N 91-FZ) SECTION I GENERAL PROVISIONS Article 1. The conditions and order of transplantation of organs and (or) human tissue Transplantation of organs and (or) tissues from a living donor or body can only be used if other medical means cannot guarantee The preservation of the life of the patient (the recipient) or the restoration of his or her health. Removal of organs and (or) tissues from a living donor is only permitted if the health of the donor's health is not significantly harmed. The organ transplantation and (or) tissue is permitted only with the consent of the living donor and, as a rule, with the consent of the recipient. The organs and tissues of a person cannot be traded. The sale of organs and (or) tissues of a person entails criminal liability in accordance with the law of the Russian Federation. (In the wording of Federal Law 16.10.2006 N 160-FH) Transplantation of organs and/or tissues of recipients shall be carried out on the basis of medical indications in accordance with the general rules of surgical operations. Article 2. List of organs and/or tissues of the transplantation objects Transplantation objects can be heart, lung, kidney, liver, bone marrow, and other organs and (or) tissue, a list of which is defined by the federal executive body, which is responsible for the formulation of public policies and regulations in the field of health and social development, together with the Russian Federation Academy of Medical Sciences. (In the wording of Federal Law of 29.11.2007) N279-FZ) This Act does not apply to organs, parts and tissues relating to reproduction, which includes reproductive tissues (egg, sperm, ovaries, testes, or embryos) as well as blood and its components. Article 3. Limiting the circle of living donors The removal of organs and (or) tissue for transplantation is not allowed from a living donor under the age of 18 (except in the case of bone marrow transplantation) or legally incapacitated. Removal of organs and (or) tissues is not permitted where it is established that they belong to a person suffering from a disease that is a danger to the life and health of the recipient. The removal of organs and (or) tissue for transplantation from persons in service or other dependence on the recipient is not permitted. Coercion by any person of a living donor to consent to the removal of organs and (or) tissue is criminally liable in accordance with the law of the Russian Federation. Article 4. Health facilities that fence, body and/or tissue of the human Collection and collection of organs and/or tissue of a person, as well as their transplantation Implemented by public and municipal health institutions. (In the wording of Federal Law of 09.02.2007) N 15-FZ) (Unused-Federal Law of 09.02.2007 N 15-FZ) List of health institutions that fence and collect organs and (or) tissues of a human being, a list of health institutions performing organ transplants and human tissues, as well as rules for the implementation of the activities of these institutions are approved by the federal executive body responsible for the formulation of public policies and regulations in the field of health and social affairs. development, in cooperation with the Russian Academy of Medical Sciences. (In the wording of Federal Law of 09.02.2007) N 15-FZ) Article 5. Medical opinion on the necessity of a transplantation of organs and (or) human tissues Medical opinion on the need for organ transplantation and (or) tissue of a person is given by the doctor of the institution concerned of a physician, a surgeon, an anesthesiologist and, if necessary, doctors of other specialties, based on the instruction of the federal executive body exercising public authority policy and regulatory framework in the field of Health and Social Development. (In the wording of Federal Law of 29.11.2007 N 279-FZ) Article 6. The consent of the recipient to organ transplantation and (or) human tissue Transplantation of organs and (or) tissues of a person is carried out with the written consent of the recipient. In doing so, the recipient should be warned of possible complications to his health in connection with the upcoming prompt intervention. If the recipient has not reached the age of 18 or is declared legally incompetent, the transfer shall be carried out with the written consent of his or her parents or legal representative. The transplantation of organs and (or) tissues of the recipient without his or her consent, or without the consent of his or her parents or legal representative, shall be made in exceptional cases where the delay in the operation threatens the life The recipient is unable to obtain such consent. Article 7. International treaties If an international treaty to which the Russian Federation is a party establishes rules other than those specified in this Act, the rules of the international treaty shall apply. SECTION II CASE OF AUTHORITIES AND (OR) THANKS FOR TRANSACTIONS Article 8. Presumption of consent to removal of organs and (or) fabrics Exemption of organs and/or tissue from a corpse is not permitted if the health institution at the time of seizure is informed that the person or his/her person is living Close relatives or legal representatives have expressed their disagreement with the removal of his organs and/or tissues after death for transplantation to the recipient. Article 9. Determination of the time of death The organs and/or tissues may be removed from the body for transplantation if there is no disputable evidence of the death recorded by the medical practitioner. The death certificate is based on the irreversible death of the brain (brain death) established in accordance with the procedure adopted by the federal executive public policy and regulatory functions in the area of health and social development. (In the wording of Federal Law dated 29.11.2007 N 279-FZ) In the diagnosis of death in the case of alleged use as a donor of the deceased, the participation of transplant teams and members of the donor service and paid by the donor is prohibited. Article 10. Authorization for the removal of organs and (or) tissues from the corpse Deletion of organs and/or tissue from a corpse shall be authorized by the chief medical officer of the institution, subject to the requirements of this Law. In the case where a forensic examination is required, authorization for the removal of organs and/or tissue from the corpse should also be given by the forensic expert notifying the prosecutor. SECTION III OF THE HOUSING AND (OR) THANKS OF THE HOUSING DOOR FOR TRANSIT TRANSMITTAL Article 11. Conditions for removal of organs and (or) tissue from living donor Exempting organs and (or) tissue from a living donor for transplant can only be carried out for the benefit of the recipient's health and in case of absence suitable for transplantation of organs and/or tissues of a corpse or an alternative method of treatment, the effectiveness of which is comparable with the efficiency of organ transplantation and (or) tissues. dated 20.06.2000 N 91-F) Removal of organs and (or) tissues from a living donor for transplantation of a recipient is allowed under the following conditions: If the donor has been warned of possible complications for his or her health The forthcoming prompt intervention for removal of organs and (or) tissues; if the donor has freely and deliberately expressed consent to the removal of its organs and/or tissues; if the donor has undergone comprehensive medical treatment survey and conclusion of the medical doctors-specialists on the possibility of the removal of organs and (or) tissue for transplantation. Exemption from a living donor of organs is permitted if it is with a recipient in genetic connection, except in the case of bone marrow transplantation. (Parts One and Two are considered as parts of the second and third versions of the Federal Law of 20.06.2000) g. N 91-FZ) Article 12. Donor rights Donors who have agreed to transplantation their organs and (or) tissues are entitled: to require health facilities to be fully informed of possible health complications in connection with the forthcoming operational Interference in the removal of organs and (or) tissues; to receive free treatment, including medication, in the health care facility in connection with the operation. Article 13. Restrictions on organ transplantation and (or) tissues of a living donor A living donor may be seized for transplant by a body organ, part of the organ or tissue, the absence of which does not result in irreversible disorder Health. SECTION IV A HEALTH ESTABLISHMENT AND ITS PERSONNEL Article 14. The responsibility for disclosure of information on the donor and recipient Doctors and other employees of the healthcare institution are not allowed to disclose information about the donor and the recipient. The disclosure of such information is punishable under the legislation of the Russian Federation. Article 15. The inadmissibility of the sale of organs and/or tissues of the person The health facility authorized to carry out fencing and harvesting of organs and/or tissue from a corpse is prohibited from selling them. This Law does not apply to preparations and transfer materials for which tissue components are used. Article 16. The responsibility of the health institution If the health of the donor or recipient is injured, the conditions and procedures for the removal of organs and/or tissues, or the conditions and the order of the transplants provided for by the present 3Acon, are damaged, The institution of health care is responsible to these persons in accordance with the procedure established by the legislation of the Russian Federation. President of the Russian Federation B. YELTSIN Moscow House, House of Russia 22 December 1992 N 4180-I