of July 16, 1999 No. 1007-XIV
About organ transplantation and other anatomic materials to the person
This Law taking into account the current state of science and recommendations of the World Health Organization determines conditions and procedure for application of transplantation as ad hoc method of treatment, provides respect in Ukraine for human rights and protection of human dignity in case of application of transplantation and implementation of other, related activities.
In this Law the stated below terms are used in the following value:
transplantation - the ad hoc method of treatment consisting in change to the recipient of body or other anatomic material taken from the person or from animal;
anatomic materials - bodies, fabrics, anatomic educations, cells of the person or animal;
gomotransplantata - the anatomic materials of the person intended for transplantation;
bioimplants - the means of medical appointment made of anatomic materials of the died people;
ksenotransplantata - the anatomic materials of animal intended for transplantation;
fetalny materials - anatomic materials of dead embryo (fruit) of the person;
the donor - person from whom in case of life or after his death anatomic materials for transplantation or for production of bioimplants are taken;
the recipient - person to whose treatment transplantation is applied.
The legislation of Ukraine on transplantation consists of Bases of the legislation of Ukraine on health care, this Law and other regulatory legal acts of Ukraine adopted according to them.
Operation of this Law extends to the activities connected with capture, storage, transportation of bodies, other anatomic materials of the person and their transplantation, production of bioimplants, obtaining and use of ksenotransplantat.
Operation of this Law does not extend on:
donorship of blood and (or) its components and the activities connected with their use;
transplantation of gonads, reproductive cages and live embryos;
autotransplantation - change to the person of the anatomic material taken from him;
implantation - change of bioimplants and artificially made substitutes of bodies;
capture of anatomic materials for diagnostic testings.
activities of banks of umbilical blood, other fabrics and cells of the person according to the list approved by the central executive body providing forming of state policy in health sector
If the international treaty of Ukraine which consent to be bound is this the Verkhovna Rada of Ukraine determines other regulations, than those that are provided by this Law, then regulations of the international treaty are applied.
State regulation of the activities connected with transplantation is performed by the central executive body providing forming of state policy in health sector.
Transplantation as method of treatment is applied only in the presence of medical indications and the consent of objectively informed capable recipient only in cases when elimination of danger to life or recovery of health of the recipient by other methods of treatment is impossible.
Availability at the recipient of medical indications for application of transplantation establishes consultation of doctors of the relevant healthcare institution or scientific institution.
In cases when the recipient did not reach fifteen-year age or it is recognized as court incapacitated, transplantation is applied with the consent of objectively informed his parents or other legal representatives. Concerning persons aged from fifteen up to eighteen years or recognized as court it is limited capable transplantation is applied with the consent of objectively informed recipients, objectively informed their parents or other legal representatives.
In urgent cases when there is real threat of life of the recipient, its consent or the consent of his legal representatives for application of transplantation is not required.
If lack of consent can lead to consequences, heavy for the recipient, the attending physician shall it explain it. If after that the recipient refuses transplantation application, the doctor has the right to take from it the written confirmation, and in case of impossibility of its obtaining - to certify refusal by the relevant act in the presence of witnesses.
In case the legal representative of the recipient refuses application of transplantation that can have serious consequences for health of the recipient, the attending physician shall notify on it guardianship and custody bodies.
The procedure for application of transplantation as method of treatment is established by the central executive body providing forming of state policy in health sector, and the list of bodies and other anatomic materials which can be used for transplantation affirms the central executive body providing forming of state policy in health sector in coordination with Academy of medical sciences of Ukraine.
Anatomic materials of the person are transported by the employees of the relevant state and municipal healthcare institutions and public scientific institutions authorized on that in the presence of the conditions ensuring safety of these materials, and originals of necessary documents.
The procedure for transportation of anatomic materials of the person within Ukraine, their storage, import of such materials to customs area of Ukraine and export out of limits of this territory is established by the Cabinet of Ministers of Ukraine.
The state and municipal healthcare institutions and the public scientific institutions accredited in the procedure established by the legislation of Ukraine according to the list approved by the Cabinet of Ministers of Ukraine can perform the activities connected with transplantation.
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