The provincial assembly of Khyber Pakhtunkhwa Wednesday passed a bill to establish regulatory authority for removal, storage and transplantation of human organs, tissues and cells for therapeutic purposes in the province. The Act may be called the Khyber Pakhtunkhwa Medical Transplantation Regulatory Authority Act, 2014 will be extended to the whole province at once.
Under the Act, a living donor not less than eighteen years of age may during his life-time voluntarily donate any organ of his body to any other living person genetically and legally related, who is a close blood relative and the donation of organ or part or tissue or cell by such person for therapeutic purpose will be regulated in prescribed manner. However, in case of regenerative tissue, ie stem cells, there is no restriction of age between siblings.
Any person not less than eighteen years of age may before his death, in writing duly signed and verified by the respective Transplant Evaluation Committee, donate any of his organ or tissue or for transplantation and for this purpose, may authority any medical institution or hospital recognised by the authority.
The cases of unclaimed brain dead hospitalised patients will be presented to the Transplantation Evaluation Committee for transplantation, after an intense search for their relatives within a reasonable time. However, human organs from a dead brain hospitalised patient will be harvested for transplantation with no prior consent or will for donation after evaluation by the transplant evaluation committee and informed consent by close blood relative.
On the commencement of the Act, the government of Khyber Pakhtunkhwa will establish the Khyber Pakhtunkhwa Medical Transplantation Regulatory Authority with head office in Peshawar. The regulatory authority will be headed by Provincial Minister for Health as chairman and nine other members.
The regulatory authority will regulate, monitor and control all the transplantation of human organs and various committees constituted under the law. It will establish Provincial Registry and Provincial and Regional networks for evaluating quality and outcome of transplant centres and cause enhancement and promotion of transplantation. It will establish pool of voluntary donors and registry of potential recipients and regulate it, recognise medical institutions and hospitals for practice of operative surgery in transplantation of human organs.
The regulatory authority through issuance of notification will constitute Transplant Evaluation Committee for recognised institutions. Each Transplant Evaluation Committee will consist of a recognised surgical, medical, transplant specialists and recognised nephrologists, neurophysician, intensives were available and two local notables having good record of social service.
The regulatory authority will constitute a Transplant Monitoring and another Transplant Ethical Regulatory Committee. The removal or transplantation of human organs for any purpose other than therapeutic purpose is completely prohibited and anyone who for the purposes of transplantation, conducts, associates with or help in any manner in the removal of any human organ without authority will be punished with imprisonment of a term which may extend to ten years and with fine which may extend to one million rupees. Similarly, punishment for contravention of any other provision of this Act will be imprisonment for a term, which may extend to three years or with fine which may extend to Rs 0.3 million or both.
Any person aggrieved by any order of the Transplant Monitoring Committee may prefer an appeal, within thirty days from passing of the order, to the Regulatory Authority, whose decision will be final. No case inferior to that of the Magistrate of First Class empowered under section 30 of the Code of Criminal procedure, 1898 (Act V of 1898) will try an offence punishable under the Act.
The donor will have health protection scheme for provision of free health facility, in a prescribed manner, should the remaining organ, after donation, fails to function properly, every hospital conducting an unrelated transplant will be bound to provide free health care and treatment to the donor of any complication arising out of the said transplant throughout his lifetime. Zakat, Baitul Mall, NGOs, philanthropist will be used to fulfil the requirements of health protection.
Source: Business Recorder