Act No. 2015-22 December 08, 2015 Act No. 2015-22 08 December 2015 relative to the donation, collection and transplantation of organs and human tissue grafts statement of reasons dedicated by the Constitution, the right to health puts the responsibility of public authorities the duty to ensure the physical, mental and moral family health and in particular, people with disabilities and older people as well in rural areas than in urban areas.
Thus, in the context of the national Plan for health development 2009-2018, the Senegalese Government reaffirmed its commitment to ensure that all Senegalese quality care.
This commitment is reflected through the measures of support for costly care chronic disease. These, include several conditions for which the transplantation of organs or tissue transplantation is a necessary remedy.
Technological advances have significantly strengthened the security in the transplantation of organs or human tissue graft process.
In Senegal, there, now qualified human resources and a technical platform to realize such acts and save the lives of many suffering Senegalese in a Terminal failure of an organ.
This Bill establishes the General principles governing the donation, collection, organ transplantation and transplantation of human tissue including respect for the physical integrity of the human person, the donation of organs or human tissue free. The removal of the cornea is allowed among the deceased.
However, the removal of organs is permitted only on the living person, in accordance with the procedure laid down by this law.
Similarly, it appeared necessary to limit authorized sanitary structures. Finally, the creation of a supervisory body seems a necessity to avoid the derivatives.
Such is the economy of this Bill.
The National Assembly adopted in its session of Friday, November 27, 2015, the President of the Republic enacts the law whose content follows: preliminary chapter. -Definitions Article 1. -For the purposes of this Act, means:-cornea: transparent and fibrous membrane forming the anterior face of the anterior Chamber of the eye.
-donor: anyone who accepts the removal of an organ or tissue on it and making the gift to a patient;
-registry: Act of transferring a fragment of organ or human tissue from one point to another of the same individual or from one individual to another;
-graft: organ, part of organ or tissue have been transferred from one individual to another;
-brain death: catastrophic judgment of irrigation of the brain by blood and resulting in its destruction;
-body: part circumscribed and fully differentiated from the body, composed of different tissues, that maintains its structure, vascularisation and capacity to provide physiological functions with a degree of autonomy;
-vital organ: any body whose collection inevitably results in the death of the person from which it was taken;
-collection: surgical procedure for taking a body with its vessels or tissue;
-receiver: patient who did or who will be the subject of a graft of tissue or organ;
-transplantation: transfer of an organ from a donor involving the restoration of vascular continuity of this body with the circulatory system of the receiver;
-fabric: organized any part of the human body composed of a set of living cells with identical potential and performing a specific function.
First chapter. -Provisions General Section 1. -Principles General s. 2 - giving, the removal and transplantation of organs and human tissue transplantation are carried out in respect for the physical integrity of the human person and in the conditions laid down by this law.
The removal of body is permitted only on a living person according to the procedures provided for in this Act.
However, the removal of the cornea is allowed on a deceased on terms which will be laid down by Decree.
S. 3. - the donation, the removal or transplantation of organs and tissues may take place only in a therapeutic.
S. 4 - no charge for transplants can be performed on a living minor or a major living person placed under a regime of guardianship or curatorship.
S. 5. - this Act does not apply to the transplantation of hematopoietic stem cell, mesenchymal or immunity, or to organs and cells of reproduction.
S. 6. - the donation of an organ or human tissue is free and cannot, under any circumstances, and in any form, be the subject of a transaction.
Only due to the establishment of health costs for the interventions required by the operations levy, transplantation of organs and human tissue, as well as hospitalization is related.
S. 7 - advertising for the donation of organs or tissues for the benefit of a person, an institution or organization is prohibited.
This prohibition shall not preclude the information to the public for the donation of organs or tissues. The design, the implementation and dissemination of this information fall within the exclusive competence of the National Council of donation and Transplantation under the responsibility of the Ministry of health.
Section 2. -Monitoring body art. 8 - it is created a body called the National Council for donation and Transplantation (CCDT) have legal personality and placed under the supervision of the Ministry responsible for health.
The National Council for donation and Transplantation was for missions, including:-to ensure transparency, coordination of donation and collection, records management, and the coordination of international trade;
– to ensure the safety and compliance of medical ethics;
-to develop communication strategies for the promotion of the gift and the levy;
The composition, organization and functioning of the Council are fixed by Decree.
Chapter II. -Removal of body and human tissues Section 1. -Relationship arts. 9 - the removal of an organ or tissue from a living person, which makes the gift, can be carried out in direct therapeutic interest of a recipient.
The donor must necessarily be: I ° the father, the mother or the child.
2 ° the brother or the sister germain, inbred or uterine, I' uncle, aunt, nephew or niece in collateral line of the 3rd degree, cousin or cousin in a collateral line of the 4th degree.
3 ° the spouse after at least two years of marriage.
The relationship between the giver and the receiver pursuant to the 1st and the 2nd in this article proves as laid down by the Family Code.
Section 2. -Consent s. 10 - the removal of the whole of a vital organ of a living person for its registry is strictly prohibited, even with his consent.
The removal of an organ or a tissue must not endanger the life of the donor.
S. 11 - the removal of an organ or tissue on a person can be practiced without his consent.
The donor, informed in advance of the risks that it incurs and the possible consequences of the levy, must express its consent before the president of the Court or the magistrate designated by him.
The competent court is that of the location of the hospital structure to ensure organ transplantation or the transplant of human tissues.
S. 12. - the president of the Court or the magistrate designated by him, seizes on a simple request after ensuring the free and informed consent of the donor, seen by a record.
The president of the Court or the magistrate designated by him is assisted by two medical specialists and a psychologist he chooses on a list established by Decree of the Minister of health on the proposal of the National Council of donation and Transplantation.
These doctors, who may be the ones to perform sampling, are responsible to explain to the judge the therapeutic interest of levy and to the donor, the consequences of physical. This information also deals with results that can be expected of the graft to the receiver. The psychologist is responsible to explain the potential impacts on the life personal, family or professional of the donor.
Vital emergency, consent is collected by any means, by the Prosecutor of the Republic or his delegate.
Consent is revocable without any formalities and at any time.
Chapter Ill. - Transplantation of organs and human tissue art. 13 - the doctor in charge must ensure the agreement of the transplant of the organ recipient.
It also ensures that the body is suffering from any disease communicable or likely to endanger the life of the receiver. It shall verify, within the limits of the acquired data of science, that the organ to be transplanted is compatible with the body of the receiver.
The Minister responsible for health, on proposal of the National Council of donation and Transplantation, fixed by order the list of examinations which must be previously performed.
Chapter IV. -Approved health establishments
S. 14 - the levies, the transplantation of organs and human tissue transplants can be carried out in the public health establishments.
However, cornea transplants can be performed in private institutions licensed health, for this purpose, by order of the Minister responsible for health.
When the transplant can intervene immediately after collection, conservation of human tissue can take place only in a public health establishment approved.
S. 15. - approval is given by the Minister of health following the opinion of the National Council for donation and Transplantation.
Approval shall specify the type of organ or human tissue health facility is authorized to collect, transplant and grafting.
Levy approval and the approval of transplantation of organs or human tissue transplants are distinct. They must be requested separately. However, the approval of organ transplantation entitles the granting of levy.
The approval of removal of organs from a living person may not be given to public health facilities with the approval to perform the same organ transplantation.
In addition to the two aforementioned amenities, health institutions wishing to host a tissue bank must obtain approval for the conservation of these.
Approvals are issued for a renewable term of two years.
S. 16 - accreditation may be suspended or revoked in whole or in part, by order of the Minister of health, after reasoned opinion of the National Council for donation and Transplantation.
In an emergency, accreditation may be suspended temporarily without notice of the National Council of donation and Transplantation. It is immediately informed of the decision.
S. 17. - to be eligible for accreditation, health care facilities must have:-qualified medical and paramedical personnel and technical means for to determine brain death;
-medical and paramedical staff competent and technical means and inftastructurels to perform removal or transplant of organs or tissues for which accreditation is sought;
-medical personnel able to properly restore the integumentary.
S. 18 - any public institution approved carrying out health, under the provisions of this Act, any levies or transplantation of organs or human tissue grafts, must take mandatory under the Director's personal responsibility, a special register containing all relevant information on performed any transplant preserving professional secrecy.
This register, whose contents is fixed by Decree, is side and initialled each year by the territorially competent president of the Court or the magistrate designated by him.
The Prosecutor of the Republic or his delegate may, whenever that need, proceed to the register control.
The national Council for donation and Transplantation may, at any time, ask to consult the register.
The special register is kept in duplicate. At the end of the year, the head of the institution keeps a copy and transmit the other to the National Committee of donation and Transplantation.
Chapter V. - Import and export of organs and human tissue art. 19 - the import and export of organs and human tissue are prohibited.
However, a one-time authorization to import or export organs or human tissue for therapeutic purposes may be issued by the Minister of health, after obtaining the assent of the National Council of donation and Transplantation.
S. 20 - import of organs or tissues may be authorized only for the benefit of public health institutions approved to carry out samples of organs or tissues and transplants.
S. 21 - the export of organs or tissues may be authorized for the benefit of a body appearing on a list established by order of the Minister responsible for health and pursuant to an agreement reached between the Republic of Senegal and the State on whose territory that body is installed.
Chapter VI. -Provisions criminal art. 22. - anyone who carries out advertising for the donation of organs or tissues in favour of a specified person, an institution or an organization, shall be punished by imprisonment for six months to three years and a fine of 250. 000 to 1,000. 000 francs.
S. 23. - anyone proposes, by any means whatsoever, to organize or carry out a transaction relating to a removal of organs or tissues is punished by imprisonment of five to ten years and a fine of 10,000,000 to 15,000,000 of francs.
Are punished with the penalties provided in the preceding paragraph, those who have made a transaction on a human body.
Shall be punished by the same penalties, anyone who has seen, attempted to collect or fostered the perception of compensation other than that provided for the realization of operations inherent to the levy, conservation, the transplantation of organs or human tissue transplantation.
The competent court ordered the confiscation of the money collected.
S. 24 - anyone performing a removal of an organ or a tissue in a non-authorized health institution is punishable by imprisonment of five to ten years and fined from 15.000.000 to 40,000,000 francs.
Is punishable by the same penalties anyone who performs in a health establishment not approved, transplantation of organs, transplant of human tissues, transplant of cornea or organs that can regenerate naturally.
The Tribunal orders the confiscation of equipment used in the commission of the offence.
S. 25. - anyone who, without legal justification, violate the anonymity of the donor or the recipient, or both, or provides information on their identity, shall be punished by a term of imprisonment of six months to one year and a fine of 250. 000 to 1,000,000 francs.
S. 26. - anyone who conducts a removal of organs or tissue from a living person, in one therapeutic interest, shall be liable to imprisonment of ten to twenty years, even if said person has consented to the collection, directly or, where appropriate through their legal representatives.
In the latter case, the legal representative is subject to the same penalties.
S. 27. - anyone performing a removal of organs from an adult living, without the consent of it has previously collected in the forms provided for in article 12 of this Act, or after it had renounced its consent in the same forms, shall be punished by a term of imprisonment of ten to twenty years.
S. 28. - anyone who performs a levy on a living minor or major placed under a regime of guardianship or curatorship, although the consent of the person concerned or his legal representative has been obtained, shall be punished by a term of imprisonment of ten to twenty years.
S. 29. - whoever keeps outside public establishments of Health approved of organs or tissue for transplants, is punishable by imprisonment of one to three years and a fine of 500,000 to 1,000,000 francs.
S. 30 - anyone who imports or exports any organs or tissues without the permission of the Minister of health, is punishable by a prison sentence ten to twenty years.
S. 31 - the mode of development of the penal provisions of the penal Code are not applicable to offences under this Act.
In case of recidivism, the Court pronounced the maximum penalties provided for offences referred to in articles 24,25,26,27,28,29 and 30 of this Act.
There are recidivism when the convicted person has committed a similar offence within ten years of a final decision against him for one of the offences provided for in the articles referred to in paragraph 2 of this article.
Chapter VII. - Provisions finals s. 32 - detailed rules for the application of this Act are fixed by Decree.
S. 33 - all provisions contrary to this law are hereby repealed.
This Act will be enforced as law of the State.
Made in Dakar, 08 December 2015 Macky SALL by the President of the Republic: Prime Minister Mahammed Boun Abdallah DIONNE