Rs 810.212.4 Order Of 16 March 2007 On The Allocation Of Organs Intended For Transplantation (Ordinance On The Allocation Of Organs)

Original Language Title: RS 810.212.4 Ordonnance du 16 mars 2007 sur l’attribution d’organes destinés à une transplantation (Ordonnance sur l’attribution d’organes)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
810.212.4 order on the allocation of organs intended for transplantation (Ordinance on the allocation of organs) of March 16, 2007 (State on June 1, 2015) the Swiss federal Council, view the art. 16, al. 2, 18, al. 3: 19, al. 4, 21, al. 1 and 4, 22, al. 1, and 50, al. 2, of the Act of 8 October 2004 on transplantation, stop: Chapter 1 provisions General Section 1 purpose and definitions art. 1 purpose this order regulates the allocation of the following organs: a. the heart; b. lungs c. liver; d. the kidneys; e. the pancreas and islet; f. the small intestine.

Art. 2 definitions for the purposes of this order, means: a. characteristic tissue: structures determined genetically and located on the surface of cells that allow the immune system to identify foreign bodies; After a transplant, they can cause a reaction immune in the recipient and, therefore, the rejection of the organ, tissue or cells transplanted; b. islet: all of the cells in the pancreas that are responsible for the production and excretion of insulin; in this order the islets are assimilated to bodies; c. combined transplantation: the simultaneous transplant of two different bodies on the same person; d. multiple transplant: the simultaneous transplant of at least three different organs on the same person.

Section 2 waiting list art. 3 registration on the waiting list patients registered on the waiting list: a. If the transplant meets a medical indication; b. If no sustainable medical contraindication does; etc. If no other medical reason is likely to threaten the success of transplantation.

Registration of the patient on the waiting list requires the written consent of.
Patients whose name appears on a waitlist established abroad are not registered on the waiting list. However, a double listing in the context of a convention on the mutual exchange of bodies is eligible.
The federal Department of Home (Affairs FDHA) may fix the indications and medical contraindications to transplantation.

Introduced by the I of O ch. 10 sept. 2008, in effect since Oct. 15. 2008 (RO 2008 4467).

Art. 4 additional terms applicable to persons not domiciled in Switzerland non residents in Switzerland are registered on the waiting list if they meet the conditions laid down in art. 3 and if: a. they must undergo a transplant, which is a medical emergency during their stay in Switzerland; (b) they are required to ensure under art. 1 of the Ordinance of 27 June 1995 on Medicare; or sic. they are domiciled in the border area and have been supported medically by a Swiss hospital for awhile.

New content according to section I of the Sept. 10 O. 2008, in effect since Oct. 15. 2008 (RO 2008 4467).
SR 832.102 art. 5 the waiting list a patient is immediately removed from the waiting list when it ceases to meet the conditions referred to in art. 3 and 4.

Art. 6 registration and cancellation decisions decide transplant centers, in the form of a decision subject to appeal, on registration of a patient on the waiting list and its removal from this list.
They hold the record for ten years.

Art. 7 communication of data from patients at the national service of transplant centers assignments shall immediately communicate to the national service of assignments data concerning all patient who must be registered on the waiting list or be disbarred.
They join the communication all data necessary for the decision to award.
Are especially regarded as necessary the following information: a. the name, first name, date of birth, sex and patient home; b. his blood group c. its size and its weight; d. the result of tests for detection of pathogens; e. status of the patient on the waiting list.

Transplant centers shall immediately inform the national service awards: a. changes to the information referred to in para. 3; (b) the existence or the lifting of a temporary contraindication to transplantation of an organ on a patient on the waiting list.

The national service awards can provide online access to data about their patients to transplant centers.

Art. 8 holding the national service of assignments waiting list is the waiting list. It ensures that no patient is there several times for the same organ.

Chapter 2 criteria for allocation and priorities Section 1 provisions general art. 9 principle an organ cannot be attributed to a patient if the chances of success of the transplant are real.
A body cannot be attributed if its transplantation is allowed under annex 5, Chapter 6, of the Ordinance of 16 March 2007 on the transplant.

SR 810.211 art. 10 compatibility of blood group a body can be attributed to a patient whose blood group is identical to that of the donor or compatible with the latter group.
The DFI determines under what conditions a body can be attributed to a patient whose blood group is not compatible with that of the donor.
He may decide that patients who, because of their blood type, long wait an organ donation, should be given priority in the allocation.

Art. 11 assignment of several organs when several organs transplantation is indicated and the patient is assigned one of these organs, it receives all the other organs that it needs.
The patient who needs that a single body is a priority for him there is only one medical emergency.
When several organs transplantation is indicated in several patients, it is not possible to assign them at the same time all the organs they need organs are attributed to the patient for which the urgency is the largest.
DFI may derogate from the rules concerning the allocation of organs for transplantation combined or multiple transplant. It can determine whether the patient who needs kidneys only priority if, due to an immunization, expect a very long waiting time.

Art. 12 allocation in the presence of priorities identical when priority is the same for many patients, are priority patients in whom a combined transplant or a multiple transplant is indicated.
The DFI regulates the identical terms of the award in the presence of degrees of priority. It takes into account: a. medical emergency; b. the fact that some patients have to wait long an organ donation due to their blood type, c. waiting time; (d) the compatibility of the tissue characteristics.

It can weigh the criteria referred to in para. 2 by assigning points.

Art. 13 calculation of the DFI waiting time specifies the methods for calculating of the waiting time.

Art. 13aComptabilisation of the waiting time abroad waiting time abroad is counted from the day of registration on the list established in the country concerned.
The DFI regulates the terms of accounting.

Introduced by the I of O ch. 10 sept. 2008, in effect since Oct. 15. 2008 (RO 2008 4467).

Section 2 allocation of a heart art. 14 medical emergency heart is attributed primarily to a patient who is exposed to a risk of immediate death if he does not have a transplant.
The DFI fixed the conditions that determine the existence of a medical emergency, as well as its duration.

Art. 15 effectiveness of transplantation from the medical point of view the heart is attributed in second priority to the patient for which transplantation suggests the greater efficiency from the medical point of view, due to the similarity of weight and age between the patient and the donor.
The DFI sets the required degree of similarity with respect to the weight and age.

Section 3 allocation of a lung art. 16 medical emergency lung is attributed primarily to a patient who is exposed to a risk of immediate death if he does not have a transplant.
The DFI fixed the conditions that determine the existence of a medical emergency, as well as its duration.

Art. 17 effectiveness of transplantation from the medical point of view lung goes in second priority to the patient for which transplantation suggests the greater efficiency from the medical point of view.
The DFI sets out the criteria for assessing the degree of effectiveness of the medical point of view. In doing so, it includes the medical characteristics of the donor and the recipient.

Section 4 assignment of a liver art. 18 medical emergency liver is attributed primarily to a patient who is exposed to a risk of immediate death if he does not have a transplant.
If the donor is less than 18 years old, the liver is attributed primarily to a patient under the age of 18 years.
The DFI fixed the conditions that determine the existence of a medical emergency, as well as its duration.

Art. 19Attribution according to a points system the livers are attributed in second priority to patients who are not exposed to a risk of immediate death if they do not transplant.
The DFI regulates the allocation priorities. To do this, it takes into account:

a. the degree of urgency as there are to perform a transplant within three months following; (b) the possibility of transplanting a liver transplant partial, especially young patients; c. the fact that some patients have to deal with a very long because of their blood group timeout; (d) the degree of similarity of the age between the donor and the recipient.

It can clarify the criteria listed in para. 2 and weighted in assigning points.

New content according to chapter I of O from 29 Apr. 2015, in force since June 1, 2015 (RO 2015 1253).

Section 5 award of a kidney art. 20 medical emergency kidney is attributed primarily to a patient who is exposed to a risk of immediate death if he does not have a transplant.
The DFI fixed the conditions that determine the existence of a medical emergency.

Art. Bodies in the absence of medical emergency the DFI 21Attribution sets priorities for the allocation to the patients for which there is no medical emergency. To do this, it takes into account: a. compatibility of blood group and the adequacy of the age; (b) the compatibility of the tissue characteristics. c the fact that some patients have to count with a waiting period very long due to immunization; d. efficiency from the medical point of view; e. the waiting time.

It can weigh the criteria defined in para. 1 giving them points.

New content according to section I of the Sept. 10 O. 2008, in effect since Oct. 15. 2008 (RO 2008 4467).

Art. 22 and 23 repealed by section I of O from 10 sept. 2008, with effect from Oct. 15. 2008 (RO 2008 4467).

Section 6 award a pancreas or pancreatic islets art. 24. patients who need a pancreas or pancreatic segment have priority over patients awaiting a transplant of islet.
When the chances of success of a pancreatic transplant are strongly diminished due to age or weight of the donor, the pancreas is attributed primarily to a patient in waiting for a transplant of islet.
The DFI sets priorities for the allocation of Islet in patients awaiting.

Section 7 Attribution of a bowel intestine art. 25 medical emergency intestine is attributed primarily to a patient who is exposed to a risk of immediate death if he does not have a transplant.
The DFI fixed the conditions that determine the existence of a medical emergency.

Art. 26 adequacy of age if the donor is less than 12 years old, the small intestine is attributed primarily to a patient under the age of 12 years among people with the same degree of priority.

Chapter 3 Award Procedure art. 27 communication of data on donor hospitals and transplant centers shall immediately communicate to the national service awards the death of any person fulfilling the conditions of the removal of organs.
They join their communication all the data about this person that are required in the award decision.
Are especially regarded as necessary the following information: a. the name, first name, date of birth and sex of the donor; b. his blood c. its size and its weight; d. the result of tests for detection of pathogens; e. its medical records; f. clinical data.

Doctors and hospitals shall communicate to the national service awards the identity of any person who has agreed to donate, in his lifetime, of one of its organs to a stranger.
Transplant centers communicate to the national service of the powers the identity of any person who has agreed to donate, in his lifetime, of one of its organs to a stranger and who meet the conditions of the removal of organs; they join their communication the data referred to in para. 3 art. 28 determination of the recipient Awards national service establishes a ranking, in order of priority, potential recipients based on data to donors and the patients on the waiting list and on the basis of the award criteria and priorities attached to the art. 9 to 26.
It communicates to all transplant centers that perform the type of transplantation concerned the identity of several patients entering into account, their position in the rankings and data on donors.
Transplant centers communicate to the national service of assignments, within a time limit set by the latter: a. any circumstance that prevents the transplant on one of the patients entering into account; (b) any medical circumstances which may require the body to be assigned to another patient.

The national service of assignments may waive consult transplant centers in emergency cases.

Art. 29 transplant of a liver transplant partial when it determined the patient corresponds to the highest degree of priority and the age and weight of the donor indicates that the liver can be divided, the national service of powers immediately undertakes the necessary checks with entering into account transplant centers.
The liver can be divided: a. If the division does not compromise disproportionately the success of transplantation; b. If the highest corresponding to priority patient consents.

If any recipient cannot be determined for the second part of the liver, the patient appropriate to the stage of highest priority is assigned the entire liver.

Art. 30 award of the body on the basis of the evidence provided by transplant centers, national service awards assigns the body corresponding to the highest degree of priority patient. Art. 32 is reserved.

Art. 31 changing the assignment hospital that performs the removal or transplantation Center immediately warns the national service awards: a. If it appears that the organ can be transplanted with a reasonable chance of success on the incoming recipient online account; forgotten the source. If the transplant could not be done or that it failed.

When the organ can be transplanted to another person, the national service of the powers assigns the patient corresponds to the highest degree of priority. It can give access to transplant centers in emergency cases.

Art. 32 non-transplantation for reasons to the transplant center when a transplant center is not able to proceed with the transplant, or that he refuses to do it, the national service awards reviews without delay if it can be done in another transplant center.
When transplantation can be performed in another Center, the national service of powers assigns the body to the next priority patient.

Art. 33 communication and documentation of the decision to award the national service awards communicates his decision to award to transplant centers he has consulted.
He documents each decision making account: a. transparent and understandable reasons that led to the award of the body to the person entering into account; ETB. any objections made by transplant against the award decision centers.

Art. 34 communications required of transplant centers transplant centers inform the national service of the powers of any transplant of an organ assigned.
If a transplant could not be performed or has failed, the transplant centre indicates the reasons for the national service awards.

Chapter 4 international exchange of organs art. 35 offers bodies addressed to foreign countries if a body found no receiver in Switzerland, the national service of the powers proposed to foreign licensing bodies; He communicates them in an anonymous form data on the donor referred to in art. 27, al. 3 art. 36 offers of organs from foreign countries national assignments service cannot accept an offer of body from a foreign country only if: a. the quality, safety and traceability of the organ are guaranteed; b. the removal of the organ took place in conditions comparable to those applied in Switzerland; c. the body gave for free and did not subject to a trade.

Art. 37 agreements relating to international exchange of organs national service awards may enter into agreements for the exchange of organs with foreign licensing bodies for bodies who cannot find a recipient in Switzerland.
For patients referred to in art. 18, al. 2, of the Act of 8 October 2004 on transplantation, the agreements referred to in para. 1 may be concluded for all the bodies which, in Switzerland, can't find a receiver corresponding to priority equal or greater than that of the foreign receiver.
The federal Office of public health approves these agreements if it is guaranteed that the exchange of organs is consistent with the provisions of art. 36 Chapter 5 Delegation of tasks and data art. 38 delegation of tasks to Swisstransplant tasks of the national service of powers are delegated to the Swiss National Foundation for the donation and transplantation of organs (Swisstransplant).

The federal Office of public health concluded an agreement which regulates such remuneration, by the Confederation, tasks delegated with Swisstransplant.

Art. 39 protection of data the processing of personal data and data security are governed by arts. 48 and 49 of the order of 16 March 2007 on the transplant.

RS 810.211 Chapter 6 entry into force art. 40. this order comes into force on July 1, 2007.

RO 2007 1995 RS 810.21 State on June 1, 2015

Related Laws