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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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On the transplantation of organs and (or) tissues this law defines the legal and organizational basis of organ transplantation and (or) tissues and is aimed to protect public health.
 
Article 1. Basic concepts in this Act uses the following concepts: 1) the transplantation of organs and (or) human tissue-replacement surgery by the recipient have missing or damaged organs and (or) tissues unable to support human organs and (or) tissues of the living donor or a posthumous donor (hereinafter transplantation);
2) fence man's organs and (or) human tissue-removal by surgery of organs and (or) tissues from living donors or donor after death and their immunological study, preservation and storage;
3) organs and (or) human tissue-anatomical education (whole organs, parts of organs, cells, individual cells) do not define the distinctive personality traits;
4) live donor-a person who voluntarily gave its consent in the prescribed manner on the fence of their organs and (or) tissues for transplant recipient;
5) posthumous donor-the human body, which is carried out after the death of the fence man's organs and (or) tissues for transplant recipient;
6) death is the irreversible cessation of the activities of the human brain (brain death) which artificially using medicines and medical equipment can temporarily be kept his heart activity and breathing;
7) the recipient is a person, the transplantation.
 
Article 2. Turkmen law on transplantation 1. Turkmen law on transplantation is based on the Constitution and consists of this law and other normative legal acts of Turkmenistan in the field of transplantation.
2. If an international treaty to which Turkmenistan stipulates other rules than those contained in this Act, the rules of the international treaty shall apply.
 
Article 3. The scope of this law 1. This law shall apply to the relations that arise in the field of transplantation.
2. This law shall not apply to relationships relating to the process of human reproduction (egg, sperm, ovaries, testicles or embryos), and blood (her) and tissue components.
 
Article 4. International cooperation in the field of transplantation, the Ministry of health and medical industry of Turkmenistan and Government health care institutions authorized to fence, storage, and transplantation of human organs and (or) tissues, carry out within the scope of their powers, international cooperation in the field of transplantation.
 
Article 5. State regulation of the fence, storage, and transplantation of organs and tissues of human origin (or) 1. State regulation of the fence, storage, and transplantation of organs and (or) tissues is carried out by the Cabinet of Ministers of Turkmenistan and the Ministry of health and medical industry of Turkmenistan within its competence.
2. Fence, storage, and transplantation of organs and (or) tissues from living donors and donor after death are carried out by public health agencies in accordance with the authorization of the Ministry of health and medical industry of Turkmenistan.
3. the Ministry of health and medical industry of Turkmenistan conducts a register of persons to whom the transplant, and people in need of transplants.
The order of keeping the register of approved by the Cabinet of Ministers of Turkmenistan.
 
Article 6. The conditions and procedure for transplantation 1. Living donor transplantation or post-mortem donor can be carried out only when other methods of medical care cannot guarantee the preservation of the life or restoring the health of the recipient, and can be carried out on the basis of a medical opinion on the need for transplantation.
2. The medical report on the need for transplantation shall be made by specialists of the public health institutions in the composition of the attending physician, doctor transplantologa, doctor, surgeon, anesthesiologist, and, if necessary, and other medical specialists in the manner determined by the Ministry of health and medical industry of Turkmenistan.
3. A list of the organs and (or) tissues subject to transplantation is determined by the Ministry of health and medical industry of Turkmenistan.
4. bodies and (or) human tissue cannot be the subject of civil-law transactions.
5. Fence man's organs and (or) tissues from living donors shall be permitted only if his health on the conclusion of the medical doctors of public health will not be harmed.
 
Article 7. Limiting live donors Living donors may not be: 1) children (except in the case provided for in paragraph 4 of the first paragraph of article 8 of this law);
2) recognized in the prescribed manner be incapable or of limited legal capacity;
3) who discovered the disease, hazardous to the health and life of the recipient;
4) pregnant women;
5) orphans and children left without parental care.
 
Article 8. Conditions of the fence man's organs and (or) tissues from living donors for transplantation 1. Fence man's organs and (or) tissues from living donors for transplantation shall be permitted provided that the following conditions are met:

1) written warning living donor public health doctor about the possibility of a deterioration of his health when the fence man's organs and (or) tissues;
2) having a voluntary consent of the living donor on the fence man's organs and (or) tissue, certified by a notary (except procrastination in conducting transplant threatens the life of the recipient);
3) a conclusion of physicians about the possibility of a fence from a living donor's organs and (or) tissues for transplant, issued as a result of comprehensive medical examinations;
4) fence of bone marrow in children is done with the written consent of his or her parents.
2. living donor for transplantation may be one of only fence paired organs, Gypsy fragment body tissue, which does not cause irreversible processes in the body.
3. forcing a living donor agreement on the fence of his organs and (or) tissue is prohibited and entails criminal responsibility stipulated by the legislation of Turkmenistan.
 
Article 9. The right and duty to living donor 1. Live donor, giving his consent to fence their organs and (or) tissue, has the right to: 1) to receive full information about the State of his health and the consequences that may occur in the future;
2), at any time, withdraw consent to the fence man's organs and (or) tissues, except in cases where doctors have already begun to fence his body and (or) tissues and return to the initial state is not possible;
3) after the implementation of the fence from him man's organs and (or) tissues to demand compensation for the costs produced to restore his health. The procedure for compensation for such costs and their dimensions shall be approved by the Cabinet of Ministers of Turkmenistan.
2. Living donor is obliged to inform the doctor of public health information about him being injured or existing diseases, harmful habits.
3. If the withdrawal of man's organs and (or) tissue live donor in accordance with the legislation of Turkmenistan will be recognized as a disabled person, his disability was equated with under the laws of Turkmenistan disability as a result of an industrial injury (injury).
 
Article 10. Conditions of the fence man's organs and (or) tissues in post-mortem donor 1. Fence man's organs and (or) tissues in post-mortem donor is permitted after determining the moment of death in accordance with the legislation of Turkmenistan in the area of health protection of citizens, with the written consent of one of his close relatives or legal representative.
2. In the case of the intended use of the deceased person as a donor are prohibited from participating physicians, who will perform a transplant, in determining the moment of his death.
3. If a person during the life of a State Agency health stated disagreement on the fence man's organs and (or) tissues for transplant, the fence of its organs and (or) tissues after his death is not permitted.
 
Article 11. The consent of the recipient by transplantation of human organs and (or) human tissue 1. To conduct a transplant recipient's written consent is obligatory. When you do this, the recipient must be warned in writing about the possible deterioration of his health as a result of the forthcoming operation.
2. If the recipient is a minor or a person recognized in the prescribed manner incompetent or a person with disabilities, transplantation is performed on the basis of written consent of the legal representative or guardian, or custodian.
3. Transplantation recipient, unable for health reasons to adopt informed decisions are made on the basis of written consent of one of the relatives or legal representative.
4. In exceptional cases, when the delay in carrying out a transplant recipient's life-threatening, and obtain the consent of the recipient or his or her legal representative impossible, transplantation may be held without complying with the requirements provided for in clauses 1-3 of this article.
While doctors involved in transplantation, this medical record documents shall be produced and for 12:00 am notified State health official.
 
Article 12. Prohibition of trade in organs and (or) human tissues acquisition, sale of organs and (or) tissues and conclusion of commercial transactions associated with them, as well as their advertising is prohibited.
 
Article 13. Responsibility for the dissemination of information on donor and recipient 1. Doctors and other workers in the public health institutions are forbidden to disseminate information about the donor and recipient.
2. The dissemination of such information implies responsibility, established by the legislation of Turkmenistan.
 
Article 14. Public health agencies responsible for causing harm to a living donor and the recipient, associated with the violation of the conditions and the procedure of the fence man's organs and (or) tissues or transplantation of conditions and procedures stipulated by this law, as well as for the violation of the established rules of cessation of resuscitation, State medical institution is responsible in the manner prescribed by the legislation of Turkmenistan.
 
Article 15. Responsibility for violation of this Act, the violation of this law entails responsibility established by the legislation of Turkmenistan.
 

Article 16. Settlement of disputes disputes arising in the area of transplantation, shall be settled in the manner prescribed by the legislation of Turkmenistan.
 
Article 17. The entry into force of this Act, this Act shall enter into force on the day of its official publication.
 
 
     Turkmen President Gurbanguly Berdimuhamedov mountains. Ashgabat August 29, 2013, no. 425-IV.