Uploaded by Pankaj Chhikara

Human Organ Transplantation Act

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Dr PANKAJ CHHIKARA
Asst. Prof. Forensic Medicine
PGIMS, Rohtak.
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Transplantation of Human Organ Act came into
force on 11th July 1994 & amendment in 2004 &
2011 with the following aim:
To provide the regulation of removal, storage and
transplantation of human organs & tissue for
therapeutic purposes.
For the prevention of commercial dealings in
human organs.
For matters connected therewith or incidental
thereto
Any donor can authorize the removal, before his
death, of any human organs of his body for
therapeutic purposes.
 Any donor in writing in presence of two or more
witness authorized at any time before his death, the
removal of his organs after his death for therapeutic
purpose.
 If any near relative of deceased person has no
objection for removal of his organ for therapeutic
purpose.
 Swap
Donation: Two different willing but
incompatible ‘near relative’ donors permitted to
donate their organs.
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Authority for removal of organ is given only if death is
certified medical experts (RMP in charge,
neurologist/neurosurgeon, surgeon/physician and an
anesthetist/ intensivist) nominated from a panel
already approved by the Appropriate Authority.
Any of the parents of deceased person may give
authority if brain stem death of person less than 18
age has occurred
If any unclaimed body lying in hospital or prison is not
identified by near relative within 48hru, authority is
given for removal of human organs by person in
charge of management of hospital or prison.
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No hospital shall commence any activity relating to
removal, storage or transplantation of any human
organ unless it is registered under this act.
No medical practitioner or any other person shall
conduct or aid in conducting removal, storage or
transplantation of any human organ at place other
than registered.
Explaining effects etc, to donor & recipient.
Transplant
Co-ordinators:
Mandatory
for
hospitals, prior to registration as a transplant
centre, to appoint a Transplant Coordinator.
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Single member body
Central Government for Union Territories:
Director General of Health Services, Government
of India
State Government for States:
Secretary (Health) or the Director of Health
Services of the State Government concerned.
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To grant registration to a hospital for the removal,
storage and transplantation of any human organ.
To suspend or cancel such registration.
To enforce standards for hospitals engaged in the
removal/ storage or transplantation of human
organs.
To investigate any complaint or breach of any
provision of the Act or the Rules.
To inspect hospitals periodically for examination of
the quality of transplantation and follow-up.
Advisory Committee:
 To assist Appropriate Authority in the discharge of
its functions for a period of two years (NGO).
Hospital Authorisation Committee:
 Hospital does more than 25 transplants annually
 Medical director/superintendent
 Two doctors not part of transplant team
 Two members from society
 Director/secretary of health services
National Registry:
 Central Govt. to develop and maintain national
registry of recipients for evaluation of scientific and
clinical status of organ transplantation.
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TOHA prohibits organ transplantation where
recipient is a foreign national and donor is an
Indian national unless they are near relative.
No human organs or tissues to be removed from
living minor for transplantation except familial
donation of regenerative cells & Kidney transplants
between identical twins.
No human organ or tissue to be removed from the
body of a mentally challenged person before his
death for the purpose of transplantation.
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Whoever prepares or abets in the preparation and
or submission or whoever, submits false
documents including wrong affidavits to establish
that the donor is making the donation of an organ
as a near relative or out of love and affection for
the recipient would also be punishable as a person
who has offered or received payment for the
organs.
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Removal of human organ without authority
Imprisonment - Up to 10 years
Fine - Up to Rs.20 lakh
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Removal of human tissue without authority
Imprisonment - Up to 3 years
Fine - Up to Rs.5 lakh
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Live unrelated organ donation – false documents
Imprisonment – 5 to 10 years
Fine – Rs.20 lakh to Rs.1 crore
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Penalties for doctors
First offence: name struck off from SMC for three years
Second offence : name struck off permanently
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