of March 4, 1997 No. 28-Z
About organ and tissue transplantation of the person
Accepted by the House of Representatives on January 30, 1997
Approved by Council of the Republic on February 18, 1997
This Law is aimed at providing legal and organizational basis of state regulation in the field of organ transplantation and (or) tissues of the person for the purpose of realization of the right of the population of the Republic of Belarus to protection of life and health.
For the purposes of this Law the following main terms and their determinations are applied:
close relatives are parents, adoptive parents (adopters), children including adopted (adopted) brothers and sisters, the grandfather, the grandma, grandsons;
haematopoietic stem cells – combination of the cages received from marrow or peripheral blood, including funic and capable to system recovery of blood formation in case of its defeat owing to disease;
the living donor – person who voluntarily agreed in accordance with the established procedure to organs harvesting and (or) tissues of the person (further – organs harvesting) for organ transplantation and (or) tissues of the person (further – transplantation) to the recipient;
organs harvesting – medical intervention on removal of organs and (or) fabrics at the living or died donor;
bodies and (or) tissues of the person – the anatomic educations (the whole bodies, fragments of bodies, combinations of cages) which are not determining distinctive features of the personality;
cross transplantation – transplantation in which at least two couples participate each of which consists of the living donor and the recipient who are each other relatives or spouses, immunological incompatible among themselves, at the same time the living donor from one couple immunological is compatible to the recipient from other couple and vice versa;
the recipient – the patient to whom transplantation is performed;
relatives – the persons who are in natural cognation, having general ancestors to the great-grandfather and the great-grandmother inclusive, adoptive parents (adopters), the adopted (adopted) children, stepsons, stepdaughters;
death – the irreversible termination of activities of brain of the person (brain death) in case of which it is artificial by means of medicines and medical equipment can temporarily be supported its warm activities and breath;
transplantation – replacement at the recipient by carrying out medical intervention of the absent or damaged bodies and (or) tissues of the person not capable to perform the vital functions, the bodies and (or) tissues of the person received as a result of organs harvesting;
the died donor – body of the person at which after death organs harvesting for transplantation to the recipient is carried out.
This Law governs the relations arising in case of transplantation, except for the relations concerning process of reproduction of the person (ovum, sperm, ovaries, testicles or embryos), blood and its components, and also fabric components used for production of medicines and products of medical appointment, preparation of transfer materials.
The relations in the field of transplantation are governed by this Law, other acts of the legislation, international treaties of the Republic of Belarus, and also the international legal acts constituting the right of the Eurasian Economic Union.
If the international treaty of the Republic of Belarus establishes other rules, than those which are provided by this Law then are applied rules of the international treaty.
The state organizations of health care which are engaged in the transplantation having the right to perform international cooperation in the field of exchange of bodies and (or) tissues of the person on a grant basis for the purpose of optimum matching of couples the donor - the recipient according to the procedure, established by the legislation of the Republic of Belarus.
The decision on need of import to the Republic of Belarus, export from the Republic of Belarus of bodies and (or) tissues of the person on a grant basis for the purpose of optimum matching of couples the donor - the recipient is accepted by the Ministry of Health.
Import to the Republic of Belarus, export from the Republic of Belarus of bodies and (or) tissues of the person on a grant basis for transplantation are performed taking into account the requirements established by the legislation, international treaties of the Republic of Belarus, and also the international legal acts constituting the right of the Eurasian Economic Union.
Transplantation can be made only when it is impossible by other methods of delivery of health care to keep life of the patient or to recover his health, and is performed according to the conclusion about need of transplantation and based on the clinical protocols approved by the Ministry of Health.
The conclusion about need of transplantation is taken out by medical consultation of the state organization of health care as a part of the attending physician, the doctor-transplantologist and (or) the doctor-surgeon, the intensivist, and if necessary – and other specialists doctors according to the procedure, determined by the Ministry of Health.
Bodies and (or) tissues of the person cannot be subject of civil transactions, except for the transactions having non-paid character. Making of paid transactions, and also advertizing of demand and (or) offers of bodies and (or) tissues of the person are forbidden.
Specialists doctors have no right to perform transplantation if the conditions provided by this Law are not complied.
Organs harvesting and transplantation are performed by the state organizations of health care according to the procedure, established by this Law and other acts of the legislation.
Cannot be living donors:
persons who are not the spouse (spouse) or relatives of the recipient (except as specified harvesting of marrow, haematopoietic stem cells, cross transplantation);
minors (except as specified harvesting of marrow, haematopoietic stem cells);
persons recognized in accordance with the established procedure incapacitated and also persons suffering from mental disturbances (diseases);
persons in whom the diseases which are life-threatening and health of the recipient are found;
orphan children and children without parental support.
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