Law No. 30 of 1972 establishing the Eye Bank

We are Sabah al-Salem al-Sabah, Emir of Kuwait

After reviewing Articles 15 and 65 of the Constitution

The National Assembly approved the following law, which we ratified and issued

First item

Hospitals and medical bodies in Kuwait may, with special permission from the Minister of Public Health, establish eye banks for the purpose of benefiting from them in corneal graft surgery.

Second article

These banks can get the eyes from the following sources:

(A) The eyes that are donated or recommended by the owners;

B - Eyes of the dead or dead accidents that explain their bodies.

Article III

In the cases provided for in paragraph (a) of the preceding article, a written acknowledgment of the donors or the insured is required. If the donor or testator is a minor or underqualified, a written declaration of his legal representative is required.

In the case provided for in paragraph (b), a written acknowledgment must be obtained for the removal of the eye from the closest of the parents to the deceased. If there are multiple groups in one rank, the majority of them must agree.

Article IV

Ophthalmology is prohibited in accordance with the provisions of this law in hospitals other than those licensed to establish eye banks. However, they may be removed elsewhere in accordance with the conditions prescribed by the Minister of Public Health.

Article 5

It is not permissible to dispose of the corneas preserved in the eye banks except for the operations carried out in hospitals licensed to establish these banks. Exemption of corneas may be excluded for such operations in other hospitals under the conditions prescribed by the executive regulations of this law.

In all cases, this procedure must be performed by the licensed doctors.

The executive regulations of this law shall specify how the corneas should be disposed of and preserved, the working system of the eye banks, the records to be used, the method of registration, etc.

Article 6

Without prejudice to any penalty provided for in other laws, any person who contravenes the provisions of this law or the regulations or decisions executed shall be punished by imprisonment for a period not exceeding one year and a fine not exceeding one hundred Kuwaiti Dinars or one of these two penalties.

Article Seven

The Ministers - each in his own capacity - shall implement this Law and shall come into effect from the date of its publication in the Official Gazette. The Minister of Public Health shall issue the regulations and decisions necessary for its implementation.

Law No. 7 of 1983

In the field of kidney transplantation of patients

After reviewing articles 15 and 65 of the Constitution, the National Assembly approved the following law, which we have ratified and issued.

Article (1)

It is not permissible to carry out kidney transplantations for patients except for the purpose of achieving a remedial interest for them to be required to maintain their lives in accordance with the conditions and procedures provided for in this law.

Article (2)

Obtain the necessary total for these operations from the following sources:

(A) the sum donated by the owners in the event of their life or recommended after their death;

B - All dead in accidents.

Article (3)

In the cases provided for in paragraph (a) of the preceding article, a written approval is required from the donor or the testator. In all cases, the age of the donor or the testator must not be less than eighteen calendar years.

In the cases provided for in paragraph (b), the removal of the kidney must be obtained from the nearest person in the deceased's family.

Article (4)

Kidney transplants are carried out at the medical centers designated by the Ministry of Public Health for this purpose and in accordance with the procedures and conditions issued by the Minister of Public Health.

Article (5)

Without prejudice to any more severe penalty provided for in other laws, any person who contravenes the provisions of this law and the decisions executed shall be liable to imprisonment for a term not exceeding three years and a fine not exceeding three thousand Kuwaiti Dinars or one of these penalties.

Article (6)

The Minister of Public Health shall issue the necessary decisions to implement the provisions of this law.

Article (7)

The Ministers - each in his own capacity - shall implement this Law and shall come into effect from the date of its publication in the Official Gazette.

Prince of Kuwait

Jaber Al Ahmad

 

Issued at the Palace of the sword in: 29 Rabi Thani 1403 e

Corresponding to: 12 February 1983

note

On the provisions of Law No. 7 of 1983

And the legal fatwa issued

In renal transplantation of patients

Medicine has developed a great development in the field of organ transplants, especially for kidney transplants. Kuwait has taken great steps in keeping with this development. It has established a transplant section with all the medical capabilities available for this purpose. Transplantation of kidneys

To 161 operations on 1/12/83 have achieved these operations and thank God is a great success in the treatment of patients and save their lives.

In view of the large number of patients in need of kidney transplantation, the desire to determine the sources of access to kidneys necessary for such operations, and the organization of various matters related to the conduct of such operations in light of the provisions of the Islamic religion, Law No. 7 of 1983 on transplantation Total for patients

(Attached to this note) based on the fatwa issued by the Fatwa Committee at the Ministry of Awqaf and Islamic Affairs No. 132/79 dated 31/12/1979, which reads as follows:

If the person who is moving from it is dead, it is permissible to transfer whether it is recommended or not. The necessity of saving the neighborhood is permissible. This transfer is not necessary except for necessity, and the testator gives it to others.

But if the transferee is alive, if the transferred part leads to his death, such as the heart or the lungs, the transfer is absolute haraam, whether he is authorized or authorized, because if he is a suicide, without his permission, he kills a person unlawfully and both are haraam.

If the part of the transferee is not conducive to his death, it is important that he can live with someone else. If he is disobeying him, it is a duty or a subsidy for the person who was transferred to him on a mahram that was haraam, such as the hands or the two men together so that a person can not make a living or walk Dishonest and unethical.

If it is not in it as one of the kidneys or eyes or one of the teeth or some blood .. If the transfer without his permission was forbidden and the punishment or retribution, as detailed in the section of crimes (and religion) in the books of jurisprudence, The success of this process.

One of the most important provisions of the law of kidney transplantation of patients, he specified in the second article sources of access to the kidney for the treatment of patients as follows:

(A) the sum donated by the owners in the event of their life, or recommended after their death;

B - All dead in accidents.

According to the law, the donation or the will is to be made on the basis of a written declaration from the donor or the testator, who must be under 18 years of age. The Fatwa Committee was issued by the Ministry of Awqaf

And Islamic Affairs Fatwa No. 103/83 identifying the relatives of the deceased who can be agreed to the eradication in the following order:

Sons and daughters and sons of sons, then grandfather on the father's side and then brothers and sisters, and then sons

Brothers, then uncles, then sons of uncles and not husband or wife opinion in that the interruption of marital relationship death.

With the issuance of this law, it became possible to obtain the total treatment of patients legally from three sources: donation, will, deceased after the consent of his family.

Since there are a large number of patients in need of holistic treatment and rescue from the disease they suffer from, has identified the legal procedures for the donation and the commandment of the kidney from any living person as determined by Ministerial Decision No. 465 of 1983 procedures to be followed in the case of the transfer of kidneys from dead in hospitals In which

Speed ​​and accuracy in the removal of the kidney from the dead to ensure the validity and integrity of the kidney to be used abroad.

The decision also requires the treating physician to inquire from the transplantation department whether the deceased is a total of the recommended in case of their life. In this case, it is not necessary to obtain the consent of the relatives of the deceased to transfer the kidney according to the will of the deceased. Of the three doctors, one of whom is the consultant consultant and two other doctors, who are not less than a first-rate registrar. In order to expedite the decision, the doctor has the right to inform the transplantation department immediately and directly without any reference to the hospital. With all necessary medical capabilities. The team is working 24 hours. The decision requires the transplant doctor to immediately notify the transplant team of death. The decision also requires the team to immediately move to the hospital where the case is located and not take any action to remove the kidney. Of the deceased only after confirmation of the death and its report from the competent committee, and obtain the consent of relatives of the deceased in case the deceased is not recommended in its entirety in his life, and then begin to examine the case to verify the integrity of the kidney and its validity to cultivate patients in need.

The decision forced the transplant team to perform the kidney removal operation in the operating room of the hospital where the deceased is located.

The decision also stipulates that the director of each hospital shall issue an internal circular to all doctors and nursing staff, in which he shall explain the instructions to be followed as a matter of urgency, to prepare the operating rooms for kidney removal operations and to notify the head of the organ transplantation section of this circular.

The decision also requires the transplantation department to inform all hospitals of the phone numbers that can be transferred from the whole, especially the departments of surgery and intensive care and operating rooms with the need to place the numbers of these phones in a visible place in these sections.

This memorandum was issued to explain the procedures to be followed in transferring the total of the dead in hospitals, in order to inform all doctors and officials of the provisions of the law and the fatwa issued in the issue of transporting and transplanting the kidney from a living or dead person to treat it. And to emphasize the need for doctors to follow the procedures provided for in Resolution No. 465 of 1983 as accurately and as quickly as possible to ensure access to the kidneys necessary for the treatment of patients.

Kuwait

Ministry of Health

Reference: SS 43 / 1-10262

Date: 26 Rabi I 1404 AH

31 December 1983

Ministerial Resolution No. 465/83

By identifying medical centers where operations are taking place

Kidney transplantation procedures and conditions are due

Available for such operations

Minister of Public Health

- After reviewing Article (4) of Law No. 7 of 1983 regarding the transplantation of kidneys for patients.

- Based on the requirements of the interest of the work, and presented to us by the Undersecretary of the Ministry.

he decided

First , kidney transplantation is carried out in the transplantation department at Mubarak Hospital. These operations may not be performed in any hospital or any other entity other than the aforementioned section, except with the approval of the Ministry of Public Health and in accordance with the conditions and specifications set by this ministry.

Article (2): The procedure for transplantation of kidneys for patients shall be as follows:

Obtaining kidneys for treatment :

Obtaining the required kidneys for transplantation from a donor or a deceased person in accordance with the provisions of Article (2) of Law No. 7 of 1983.

Conditions to be met in the patient :

That he has had the necessary medical tests and decides the doctor in the Department of organ transplantation fitness to carry out the transplant of kidney.

III. Conditions to be met by the donor :

1. He must be at least eighteen years of age.

2 - to be donated to the college issued by him of his choice and his will without any material compensation for this donation.

3. It should be completely free from any renal disease or other organic diseases, its blood pressure should be normal, and it should be negative for the pathogens of the hepatitis B antibodies.

4 - to be identical with the patient in terms of blood type and antibody generators, and human tissue groups.

5 - be fully aware of the procedures for the eradication of the kidney and the complications that may result.

6 - to be taken a written declaration of donation signed by two witnesses and approved by the head of the Department of organ transplantation or his representative.

IV. Conditions to be met in the deceased person :

1. The kidney to be removed from the deceased must be intact and suitable for transfer to the patient's body.

2- The deceased should not be infected with cancer or cancer other than brain cancer.

3. The deceased has been recommended by written consent signed by him and two witnesses and certified by the head of the transplantation department or his representative. In the case of non-guardianship, the written consent of the closest relatives of the deceased shall be obtained in the following order:

Sons and daughters and sons of sons then parents and then grandfather on the father's side and then brothers and sisters and then the sons of brothers and then uncles and sons of uncles. It is not for the husband or wife to consider this because the marital relationship is broken by death.

Article Three : This decision shall be communicated to the person required for its implementation, and shall come into effect from the date of its issuance.

Minister of Public Health

 

Procedures to be followed in kidney transplantation

Of those who died in hospitals

The following procedures shall be followed when transferring the deceased from one of the Ministry's hospitals, whose nearest relatives agree:

1 - If the doctor is sure, from the death of a patient who sees that his kidneys fit for cultivation in the body of another patient, he must do the following:

Contact the Organ Transplantation Department to inquire about whether the deceased has recommended his kidneys in the event of his life.

B - Call a medical committee to report the death, consisting of three doctors, one of whom is a consultant consultant and two other doctors not less than the rank of a first registrar.

(C) obtaining the consent of the nearest relatives of the deceased.

(D) Inform the Alternate Surgeon of the Organ Transplantation Department, as soon as possible, of the case of death, and shall, for that purpose, contact him directly without any reference to any other party.

2. The transplant team should:

Immediate transfer to the hospital where the case is located.

B. Ensure that the procedures set out in paragraphs b, c of the preceding item are completed.

C - Examination of the condition for the installation of kidney integrity, and its validity for transport for transplantation of patients.

(D) To perform renal resection in the operating room of the hospital where the deceased is located.

3. The director of the hospital shall issue an internal circular clarifying the instructions to be followed for the processing of the operating room as soon as the person is informed about the procedure of the renal resection and send a copy of this circular to the organ transplantation department.

4 - The phone numbers of the surgeon in the department of transplantation organs to all hospitals for circulation to various sections and suites, especially the departments of surgery and intensive care and operating rooms, to be placed in a visible place in these sections.

Decree Law No. 55 of 1987

On organ transplantation

After reviewing the Emiri Order

Issued on 27 Shawwal 1406 AH, corresponding to 3 July 1986,

Article 15 of the Constitution,

Law No. 16 of 1960 promulgating the Penal Code and its amended laws,

Law No. 30 of 1972 establishing the Eye Bank

And Law No. 7 of 1983 regarding the renal transplantation of patients

Based on the presentation of the Minister of Public Health

and after the Council of Ministers' agreement .

We have issued the following law:

Article (1)

The removal of organs from the body of a living person or dead body and transplantation in the body of another living person may be carried out with the aim of achieving a satisfactory therapeutic interest to preserve his life in accordance with the conditions and procedures provided for in this law.

Article (2)

A person has the legal capacity to donate or recommend one or more members of his or her body and the donation or will is a written declaration attesting to two witnesses in full.

Article (3)

It is not permissible to transfer a member from the body of a living person, even if that is with his consent, if the eradication of this member leads to the death of the owner or disabling him for his duty.

Article (4)

The donor must be informed of all the health consequences of the removal of the donated organ and will be written in writing by a competent medical team after a thorough examination. The donor may, prior to the procedure, give his donation unconditionally.

Article (5)

The members may be transferred from the body of a deceased person with the consent of a person found in the event of his death from his closest relative to the second degree. If multiple relatives are in one order, the majority of them shall be approved. In all cases, approval must be given by written approval, taking into account the following:

(A) The verification of death in a conclusive manner by a committee composed of three specialized doctors, including a specialist doctor in neurological diseases, provided that the members of the Committee shall not be the executor of the operation.

(B) The deceased person has not objected in his life to the removal of any member of his body by a written declaration attesting to two fully qualified witnesses.

Article (6)

Without prejudice to the provisions of the previous article, the recommendation of a committee of at least three medical specialists may transfer a member from the body of a deceased person to live in a living body in a necessary need for this member to save his life after the approval of the Minister of Public Health.

Article (7)

The organs of the body may not be sold or purchased by any means or for any financial consideration, and the specialist doctor may not perform the procedure if he is aware of this.

Nor shall the person recover the organ removed from him after he has donated it in accordance with the law.

Article (8)

The removal and transplantation of organs is carried out in the medical centers allocated by the Ministry of Public Health for this purpose in accordance with the procedures and conditions issued by a decision of the Minister of Public Health.

Article (9)

The Minister of Public Health shall, by a decision, determine the conditions and specifications to be met in the places allocated for the conservation of the members and the organization of their utilization.

Article (10)

Without prejudice to any more severe punishment provided for in other laws, whoever contravenes the provisions of this law and the decisions executed shall be liable to imprisonment for a term not exceeding three years and a fine not exceeding three thousand dinars, or one of these two penalties. The final in the first crime.

Article (11)

The Minister of Public Health shall issue the necessary decisions to implement the provisions of this law.

Article (12)

Law No. 30 of 1972 and Law No. 7 of 1983 are repealed.

The decisions issued to implement them shall continue until the decisions necessary for the implementation of this Law are issued, in a manner not inconsistent with its provisions.

Article (13)

The Ministers - each in his own capacity - shall implement this Law and shall come into effect from the date of its publication in the Official Gazette.

Prince of Kuwait

Jaber Al Ahmad

 

Prime Minister

Saad Al Abdullah Al Salem Al Sabah

 

Minister of Public Health

Dr. Abdul Rahman Abdullah Al - Awadhi

Issued at the Palace of the sword in: 29 Rabi Thani 1408 AH

Corresponding to: 20 December 1987

Explanatory note

For the draft law on organ transplantation

In the light of the great progress achieved by scientists in the field of medicine in the world has been possible to conduct organ transplants for patients, whether alive or dead, and these operations in many medical centers specializing in this area of ​​success.

The Law No. 30 of 1972 establishing the Eye Bank was issued on 25/4/1972 and the Law No. 7 of 1983 was promulgated on 12 February 1983 regarding the cultivation of kidneys for patients. Based on these laws, the Ministry of Public Health established the Eye Bank and the Kidney Unit, Operations successfully completed.

However, with the increasing scientific development in the field of medicine and the successful transfer of organs to patients in many countries, the Ministry of Public Health considered that there is a need to develop a general law to regulate the conduct of such operations and determine the conditions to be observed when transferring organs from the living and dead bodies.

The Fatwa Committee of the Ministry of Awqaf and Islamic Affairs has already expressed its opinion regarding the transfer of organs in Fatwa No. 132/79 dated 31/12/1979 where it stated that if the movable from it is dead, the transfer may be recommended or not, If the transferee is alive, if the part transferred from him leads to his death, he is absolutely haraam, whether he is authorized or does not authorize, even if the part that is transferred from him leads to his death, but if he disobeyed him, He has authorized or not authorized, and if he did not do so, or if the transfer without his permission is haraam, even if his permission is permissible.

Based on this fatwa, the Ministry of Public Health prepared this law.

Article 1 of the law stipulates that the transfer of organs from the body of a living person or dead body to the body of another person may be carried out with the aim of achieving an acceptable therapeutic interest in accordance with the conditions and procedures provided for in this Law.

Article 2 stipulates that a person has the full capacity to donate or recommend a member of his body or more than one member. The donation shall be a written declaration attesting to two fully qualified witnesses.

Article 3 states that it is not permissible to transfer a member from the body of a living person, even if that is with his consent, if the removal of the member leads to the death of the owner or disables him from his duty.

Article 4 stipulates that the donor must be informed in writing of all the health consequences of removal of the donated organ and that the donor may return his donation before the operation.

Article 5 allows the transfer of organs from the body of a deceased person on the condition that he obtain written consent, who, upon the death of his relatives, is found to be fully qualified to the second degree. If multiple relatives are in the same rank, the majority of them must be approved.

Article 6 stipulates that, without prejudice to the provisions of the preceding Article, other than in cases where the deceased has objected to him in the event of his life or his relatives provided for in this article have not approved the transfer after his death, a member may be transferred from the body of a deceased person provided that the person to be transferred The member is in need of this member

To save his life, on the recommendation of a committee of at least three medical specialists and after the approval of the Minister of Public Health. The provision of this text is general so that the deceased, whether known or unknown, may be satisfied as long as the conditions required by the application of the text have been met.

Article 7 states that it is not permissible to sell or purchase organs of the body by any means or to receive any compensation for them. The doctor is forbidden to perform the operation if he is aware of this, and it is forbidden for the donor to recover the organ that was removed after he donated it according to the law.

Article 8 authorizes the Ministry of Public Health to determine the medical centers where organ transplantation is performed according to the procedures and conditions issued by the Minister of Public Health.

Article 9 requires the Minister of Public Health to issue a decision specifying the conditions and specifications to be met in the places reserved for the conservation of members and organize the use of them.

Article 10 specifies the penalty prescribed for violation of the provisions of this law.

Article 11 also instructs the Minister of Public Health to issue the necessary decisions to implement this law.

Article 12 abolishes the work of Law No. 30 of 1972 establishing the Eye Bank and Law No. 7 of 1983 regarding the cultivation of kidneys, while continuing the work of the resolutions implementing the provisions of the two laws until the issuance of the decisions implementing this law.

Kuwait

Ministry of Public Health

Reference No. 43 / 1-1430

Date: 30 Jumada II 1409 AH

Corresponding to: January 6, 1989

Ministerial Decision No. (44) for the year 1989

Minister of Public Health

After reviewing the provisions of Law No. 55 of 1987 regarding organ transplantation. In order to regulate the procedures for the transfer of human organs from the deceased.

And upon the recommendation of the competent committee to prepare the executive decisions of Law No. 55/87. Based on the requirements of the public interest. And presented to us by the Undersecretary of the Ministry.

- he decided -

Article 1 : The procedures set out in this resolution shall apply to the transfer of human organs from dead persons recommended in their lifetime, and the dead whose nearest relatives agree. In the case of the necessary need to transport a member from the body of a deceased person to save the life of a living patient, Article (6) of Law No. 55/1987 referred to above.

Article 2 : The following procedures shall be followed when transferring human organs from dead bodies in the cases provided for in Articles 2, 5 and 6 of Law No. 55/1987 on transplantation.

First: Legal Procedures :

1- For the deceased who recommended their members:

(A) The deceased's will must be verified by the member who is required to be transferred before his death, and that the deceased has not objected to the removal of any member of his body in accordance with a written declaration signed by two full qualified witnesses.

B - Contact the Department of Organ Transplant to see the records of the presenter to verify the existence of the will and not to object to the deceased.

2 - For the deceased who did not recommend their members:

A) Before the transfer of any member of the body of the deceased must first obtain the consent of the person found in the event of death from the nearest relatives complete eligibility to the second degree.

B - If multiple relatives in one order must be approved by all of them.

(C) Obtaining the consent of the relatives of the deceased to transfer one or more of his or her body by written confirmation signed by them, with the signature of the concerned staff member in the center next to them as a witness.

3. In the case of the transfer of one or more human organs from the body of a deceased person to the body of a living patient in need of a life-saving member:

In this case, any member of the deceased may be transferred if a medical committee recommends rescuing a sick person in need of such a member.

B- The recommendation to transfer the member or more of the deceased must be issued by a medical committee consisting of at least three medical specialists.

C- The member recommended by the Medical Committee may not be transferred from the body of the deceased without the approval of the Minister of Public Health.

4. In all cases of transfer of human organs from the body of a deceased person, the death certificate shall be determined by a committee composed of three specialized doctors, including a specialist neurologist.

Second: Medical Procedures: Physicians should :

1. If the doctor is sure of the death of the patient and finds that his organs are suitable for cultivation in the body of another patient, he must do the following:

Contact the Organ Transplantation Department to inquire about whether the deceased has recommended the transfer of his organs in his lifetime.

B - Call a medical committee formed as stated in paragraph (b) of Article (5) of Law No. 55/1987 referred to in item (4) of the legal procedures for verification of death.

C - to inform the surgeon in charge of the department, as soon as possible about the death, and in this way to contact him directly without reference to any other party.

The transplant team should:

Immediately move to the hospital where the case is located.

(B) Ensure that the legal proceedings contained in these procedures are completed.

C - Examination of the situation to verify the safety of members and their validity for transport to grow for patients.

(D) The removal of the organ in the operating room of the hospital where the deceased is located.

3. The director of the hospital shall issue an internal circular clarifying the instructions to be followed for the processing of the operating room as soon as he is notified by the official about the removal of a human organ. A copy of this circular shall be sent to Hamed Al-Issa Center for Organ Transplantation.

3 - Physicians treated in hospitals should immediately notify the transplantation department of all deaths in the hospital. In order to assist the Section in obtaining the consent of relatives of the deceased to transfer human organs.

4- The telephone numbers of the alternate surgeon in the transplantation department shall be referred to all hospitals for circulation to the various departments and suites, especially the surgical and intensive care departments and their operating rooms, to be placed in a visible place in these sections.

Article Three: This decision shall be communicated to whoever is required to implement it. It shall come into effect from the date of its issuance and shall be published in the Official Gazette.

Minister of Public Health

Kuwait

Ministry of Public Health

Reference No. 43 / 1-1431

Date: 30 Jumada II 1409 AH

Corresponding to: 6 January 1989

Ministerial Decision No. (45) for the year 1989

Minister of Public Health

Having considered the provisions of Law No. 55 of 1987 regarding organ transplantation. And on the recommendation of the Committee to prepare the steps and procedures necessary to implement the provisions of the law referred to above.

And based on the requirements of the public interest, and presented to us by the Undersecretary of the Ministry.

- he decided -

Article 1 The following records shall be established at the Department of Organ Transplantation at the Ministry of Public Health:

1 - Register of donors members: and bound by persons who donate members of the registry includes the following data:

A serial number.

B. Data on the donor include name, age, nationality, religion, occupation, address, number and date of nationality, passport or civil identity.

Date of donation.

D) Observations (and any other data relating to the donor).

2 - register the listener members: and restricted by the people who recommend the rule, and the record includes the following data:

A serial number.

B. Data on patients, including name, age, nationality, religion, occupation, address, number and date of nationality, passport or civil identity.

C) The date of the will.

D) Observations (and any other statements relating to the will).

3. Record of cases of transfer of organs from the deceased: The cases of the consent of the relatives of the deceased to the removal of organs from the deceased and the cases of approval of the Minister of Public Health on the eradication and include the record on the following data:

A serial number.

B. Data on the deceased including name, date of death, age, nationality, religion, place of death, address.

(C) the name of the relative of the deceased who has agreed to the eradication, his age and his nationality;

D) Relationship of kinship and identity number.

E) The title of the relative.

Notes (and to record any data on the deceased or near).

Article Two : The records referred to in Article 1 of this Decree shall be kept in the members' cabinets. A copy of their keys shall be kept by the official responsible for the registration and the maintenance of these records. The other copy shall be deposited with the head of the department.

Article Three : This decision shall be communicated to whoever is required to implement it. It shall come into effect from the date of its issuance and shall be published in the Official Gazette.

Minister of Public Health

Kuwait

Ministry of Public Health

Reference No. 43 / 1-1432

Date: 30 Jumada II 1409 AH

Corresponding to: 6 January 1989

Ministerial Resolution No. (46) for the year 1989

To identify medical centers where human organ transplants are carried out

Procedures and conditions to be met for such operations

Minister of Public Health

After reviewing Article (8) of Law No. 55/1987 on Organ Transplantation.

And based on the requirements of the interest of work, and presented to us by the Undersecretary of the Ministry.

- he decided -

First : Organ transplants are performed in the organ transplantation department. These operations may not be carried out in any hospital or any other entity other than the said section, except with the approval of the Ministry of Public Health and in accordance with the conditions and specifications set by the Ministry.

Article 2 : Transplants are required to:

First: the access to human organs for treatment and access to these members from legal sources (donor / wills / approval of relatives / necessary cases) and provided for in articles (2), (5), (6) of Law No. 55 1987.

Second: Conditions to be met by the donor:

1 - not less than twenty - one years old.

2 - to be donated by the member of his choice of his own free of charge for any donation.

3. Be medically fit to donate organs to his body.

4 - to be surrounded by the donor procedures to eradicate the member and fully aware of the complications that may result from them.

5. The donor has approved in writing the donation, and its signature is signed by two full qualified witnesses and approved by the head of department or his representative.

Third: Conditions to be provided in the deceased:

1 - The member required to be removed from the deceased must be healthy and medically fit for the patient's body.

Article Three : This decision shall be communicated to the person required for its implementation, and shall come into effect from the date of its issuance and shall be published in the Official Gazette.

Minister of Public Health

Kuwait

Ministry of Public Health

 

Reference No. 43 / 1-1431

Date: 30 Jumada Al - Akhirah 1409 AH Corresponding to: 6 January 19

Date: 3 Dhu al-Hijjah 1409

Corresponding to: 5 July 1989

Ministerial Resolution No. 253 of 1989

The organization of procedures for the transfer of human organs

In cases of death in hospitals affiliated with the Ministry

Minister of Public Health

After reviewing Law No. 55 of 1987

In the cultivation of organs and the decisions executed by him.

And in the interest of the ministry to develop procedures and executive steps for the transfer of human organs in hospitals affiliated to the ministry.

And based on the recommendations of the competent technical committee.

And based on the requirements of the public interest, and presented to us by the Undersecretary of the Ministry.

- he decided -

Article (1 ) A committee shall be established in each hospital of the ministry. The Committee shall be formed as follows:

1 - Head of intensive care or head of anesthesia department in the hospital.

2 - a surgeon chosen by the Department of Surgery in the hospital.

3 - a representative of the nursing staff.

4- A representative of the public relations in the hospital.

5- Social Researcher.

The director of the hospital shall name the members mentioned in items 3, 4 and 5 above.

This committee shall be a contact between the hospital and the organ transplantation department at Hamed Al-Issa Center, and shall be specialized in cooperation with this department:

(A) of Article (5) of Law No. 55/1987 and call the medical committee to determine the need for human organs to save the life of a patient in the case of transfer of organs from dead body in accordance with the provisions of Article (6) of this law.

B - informing the Department of Transplantation of brain and other deaths in a timely manner.

C - to ascertain the will of the deceased body members or not, and make sure that no objection before his death to remove any member of his body and by contacting the Department of Organ Transplantation Center Hamid Alisa.

D. Ensure that all legal and formal procedures for organ donors and brain death cases are met.

(E) To contact the relatives of the deceased person whose organs are not recommended for their consent to transfer organs from the body in cooperation with the Department of Organ Transplantation at Hamed Al-Issa Center and to hold seminars in the hospital in order to raise awareness of organ transplantation.

Article Two: A permanent technical team shall be established in the Department of Organ Transplantation at the Hamed Al-Issa Center headed by a person who is specialized in organ transplantation systems. The head of the department nominates the members of this team and issues a decision by the Undersecretary.

This team is tasked with organizing and contributing to the acquisition and storage of human organs through scientific and conventional methods.

Article 3 : The procedures for the diagnosis of cerebral death specified in Appendix A shall be adopted.

The medical committee provided for in paragraph (a) of Article (5) of Law No. 55/1987 shall comply with these procedures when diagnosing BRAIN DEATH.

When the Committee determines the case of cerebral death, it shall prove it on the form prepared for this purpose in Appendix B attached to this decision and shall be signed by all the members of the Medical Committee by approving the death and raising the rehabilitation equipment for the deceased. A member of this committee shall sign the death notification of the case.

Article 4 : The written consent of the relatives of the deceased shall be obtained from the transfer of members of his body in accordance with the provisions of Article (5) of Law No. 55/1987 in the attached form.

Article (5): The medical committee provided for in Article 6 of Law 55/87, when determining the condition of a patient in need of one or more human beings to save his life in accordance with the provisions of the said Article,

(D) accompanying this resolution.

Article 6 : Upon fulfilling the conditions set out in Article 6 of Law 55/1987, the Minister's approval must be obtained in writing for the transfer of organs from the body of the deceased on the form prepared for this purpose in Appendix E to this decision. Orally, provided such consent is subsequently evidenced in writing.

Seventh Article : A table of kaafir for doctors specialized in neurology and neurosurgery to participate in the diagnosis of brain death cases and distributed this table to all hospitals. The head of the Department of Neurology is responsible for the numbers of the laboratory and is responsible for it.

Article (8) : When the medical team in the Department of Organ Transplantation at Hamed Al-Issa Center is notified of a death, it shall immediately move to the place of the case to perform the necessary procedures for the transfer of the organs after ascertaining that all the legal procedures provided for in Law No. 55/1987 are fulfilled. A working system for this medical team is set up to work 24 hours a week in preparation for human organ transplants.

Article Nine: The Department of Organ Transplantation at the Hamed Al-Issa Center is equipped with a computer and the staff required to enter the registration data for the names of patients, donors and organ donors.

Article 10 : This decision shall be communicated to whoever is required for its implementation, and shall come into effect from the date of its issuance.

Minister of Public Health   

 

Kuwait

Ministry of Health

Reference: M & Y

Date: 5/3/2002

Ministerial Resolution No. (114) for the year 2002

The organization of procedures for the transfer of human organs in cases of death

In hospitals affiliated with the ministry

Minister of Health :

- Having considered Law No. 55 of 1987 regarding organ transplantation and the decisions executed therefor.

- In the interest of the Ministry to develop procedures and executive steps for the transfer of human organs in hospitals affiliated to the Ministry.

- Based on the recommendations of the competent technical committee.

- Ministerial Decision No. 253 of 1989.

- Based on the requirements of the public interest, and presented to us by the Undersecretary of the Ministry.

- he decided -

First : A team of transplant coordinators in Hamed Al-Issa Center for Organ Transplantation headed by a person specialized in organ transplantation and organ transplantation systems. The head of the department nominates the members of this team. The team is responsible for organizing and contributing to obtaining the human organs from the deaths, Intensive care to make sure all brain deaths are reported.

Article 2 : A physician shall be appointed in each hospital as a local coordinator for transplantation

In addition to his usual work to report brain deaths and be appointed in coordination with the center of Hamid Al-Issa transplant.

Article Three : In the case of a patient with symptoms of cerebral death, the ICU must perform the following:

Contact the transplant coordinator at the same hospital or the Hamed Al-Issa Center for Organ Transplantation as soon as possible to report the case of death and fill in the Supplement (A) Brain Death Repoting.

(B) The coordinator shall call a medical committee formed as stated in paragraph (a) of Article (5) of Law No. 55/87 to verify death.

Article 4 : The procedures for the diagnosis of brain death are set out in Appendix B, Brain Death Diagnosis attached to this decision.

The medical committee provided for in paragraph (a) of Article (5) of Law No. 55/1987 is committed to these procedures when diagnosing BRAIN DEATH. When the Committee determines the case of brain death, this is confirmed in the form prepared for this in Appendix Brain Death Documentation (C) attached to this decision and signed by all members of the Medical Committee mentioned death certificate and the possibility of lifting the organs of recovery for the deceased and then coordinator of transplant members invited the competent committee to meet and convince the deceased's family and request to donate organs.

Fifth : When the death occurs in one of the emergency departments in the hospitals, the doctor shall perform the medical procedures set out in Appendix D,

NHBD PROTOCOL until the application of the provisions of articles 5/6 of the law no

55/87.

Article 6 : The written consent of the relatives of the deceased shall be obtained from the transfer of members of his body in accordance with the provisions of Article (5) of Law No. 55/1987 in the form assigned to it in Annex E attached to this decision.

Article 7 : In the absence of the relatives of the deceased in Kuwait Article 6 of Law No. 55/1987 applies to obtain the written approval of the Minister for the transfer of organs from the body of the deceased on the form prepared for this in Annex G accompanying this decision. Orally, provided such consent is subsequently evidenced in writing.

Article Eight : The medical committee provided for in Article 6 of Law No. 55/1987, in determining the condition of a patient to one or more human beings to save his life in accordance with the provisions of the said article, to sign the relevant form in Appendix F attached to this decision.

Article 9 : Upon approval of organ donation, the treating physician shall issue the death certificate on the date and time of death of the brain in paragraph (b) of Article 3 of this decision.

Article 10 : A table is a whale for doctors specialists in neurology and neurosurgery to participate in the diagnosis of brain death cases and distributed this table to all hospitals, and the number of these bakeries and be responsible for Mr. Chairman of the Department of Neurology.

Article 11 : Upon completion of all legal procedures stipulated in Law 55/1987 and the resolutions implemented thereafter and after obtaining the consent to donate the organs of the deceased, the team moves the Department of Organ Transplantation Center Hamed Al-Issa to the place of the case to work procedures for the transfer of organs.

A working system for this medical team is put in place to operate 24 hours a day in the department in preparation for human organ transplants and transplants.

Article 12 : The telephone numbers of the Organ Transplant Coordinator shall be addressed to the various departments and units, especially emergency and intensive care departments, to be placed in a prominent and prominent place in these sections.

Article 13 : The Ministry of Health shall bear the expenses incurred in obtaining the consent of the deceased's parents to donate the organs and transfer the body of the deceased to his country.

Article Fourteen : Cancels Ministerial Decision No. 253 of 1989.

Article (15) : This decision shall be communicated to whoever is required to implement it and shall come into effect from the date of its issuance.

Minister of Health

Dr.. Mohammed Ahmed Al-Jarallah

In the cases provided for in paragraph (a) of the preceding article, a written approval is required from the donor or the testator. In all cases, the age of the donor or the testator must not be less than eighteen calendar years.

In the cases provided for in paragraph (b), the removal of the kidney must be obtained from the nearest person in the deceased's family.

In the cases provided for in paragraph (b), the removal of the kidney must be obtained from the nearest person in the deceased's family.

Article (4)

Kidney transplants are carried out at the medical centers designated by the Ministry of Public Health for this purpose and in accordance with the procedures and conditions issued by the Minister of Public Health.

Article (5)

Without prejudice to any more severe penalty provided for in other laws, any person who contravenes the provisions of this law and the decisions executed shall be liable to imprisonment for a term not exceeding three years and a fine not exceeding three thousand Kuwaiti Dinars or one of these penalties.

Article (6)

The Minister of Public Health shall issue the necessary decisions to implement the provisions of this law.

Article (7)

The Ministers - each in his own capacity - shall implement this Law and shall come into effect from the date of its publication in the Official Gazette.

Prince of Kuwait

Jaber Al Ahmad

 

Issued at the Palace of the sword in: 29 Rabi Thani 1403 e

Corresponding to: 12 February 1983

note

On the provisions of Law No. 7 of 1983

And the legal fatwa issued

In renal transplantation of patients

Medicine has developed a great development in the field of organ transplants, especially for kidney transplants. Kuwait has taken great steps in keeping with this development. It has established a transplant section with all the medical capabilities available for this purpose. Transplantation of kidneys

To 161 operations on 1/12/83 have achieved these operations and thank God is a great success in the treatment of patients and save their lives.

In view of the large number of patients in need of kidney transplantation, the desire to determine the sources of access to kidneys necessary for such operations, and the organization of various matters related to the conduct of such operations in light of the provisions of the Islamic religion, Law No. 7 of 1983 on transplantation Total for patients

(Attached to this note) based on the fatwa issued by the Fatwa Committee at the Ministry of Awqaf and Islamic Affairs No. 132/79 dated 31/12/1979, which reads as follows:

If the person who is moving from it is dead, it is permissible to transfer whether it is recommended or not. The necessity of saving the neighborhood is permissible. This transfer is not necessary except for necessity, and the testator gives it to others.

But if the transferee is alive, if the transferred part leads to his death, such as the heart or the lungs, the transfer is absolute haraam, whether he is authorized or authorized, because if he is a suicide, without his permission, he kills a person unlawfully and both are haraam.

If the part of the transferee is not conducive to his death, it is important that he can live with someone else. If he is disobeying him, it is a duty or a subsidy for the person who was transferred to him on a mahram that was haraam, such as the hands or the two men together so that a person can not make a living or walk Dishonest and unethical.

If it is not in it as one of the kidneys or eyes or one of the teeth or some blood .. If the transfer without his permission was forbidden and the punishment or retribution, as detailed in the section of crimes (and religion) in the books of jurisprudence, The success of this process.

One of the most important provisions of the law of kidney transplantation of patients, he specified in the second article sources of access to the kidney for the treatment of patients as follows:

(A) the sum donated by the owners in the event of their life, or recommended after their death;

State of United Arab Emirates
Law regulating the transfer and transplantation of human organs (15/1993)

(1 - 1)

Article 1

Specialized doctors may perform the removal of organs from the body of a living person or dead body and transplant them in the body of another living person for the purpose of treatment to preserve his life in accordance with the conditions and procedures provided for in this law.

1. Article 2

(2-2)

Article 2

A person may donate or recommend a member of his body and stipulate that the donor or the testator must be fully qualified by law. The donation or the will shall be by a written declaration signed by him and witnessed by two fully qualified witnesses.

2. Article 3

(3 - 3)

Article 3

It is not permissible to transfer a member from the body of a living person, even if it is with his consent, if he is the principal member of life, or the removal of that member leads to the death of the owner or disables him from duty.

3. Article 4

(4-4)

Article 4

Donor should be informed of all confirmed and potential health consequences of organ donor removal. This is done by a specialized medical team after a thorough examination of the donor.

4. Article 5

(5-5)

Article 5

A donor may, prior to the act of eradication, return his donation at any time unconditionally, and the donor may not recover the organ removed from him after he has donated it in accordance with the law.

5. Article 6

(6-6)

Article 6

The members may be transferred from the body of a deceased person, subject to obtaining the consent of the nearest person to the second degree. If multiple relatives are in one order, the majority of them must agree. In all cases, the consent must be given by written approval,
1. Verification of death in a conclusive manner by a committee composed of three specialized doctors, including a physician specializing in neurological diseases, provided that none of the members of the Committee shall be the executing physician.
2 - The deceased person should not have recommended in his life not to remove any member of his body, under a written declaration witnessed by two witnesses fully Ahlia.

6. Article 7

(7 - 7)

Article 7

It is prohibited to sell and buy organs by any means or to receive any money for them, and the specialist doctor is forbidden to carry out the operation when he knows this.

7. Article 8

(8 - 8)

Article 8

The removal and transplantation of human organs is carried out in medical centers allocated by the Ministry of Health for this purpose in accordance with the conditions and procedures specified by a decision of the Minister of Health.

8. Article 9

(9 - 9)

Article 9

The Minister of Health shall issue a decision specifying the conditions and specifications to be provided in the places where members are to be kept and the organization of benefiting from them.

9. Article 10

(10 - 10)

Article 10

Without prejudice to any more severe penalty provided for in other laws, any person who contravenes the provisions of this law shall be liable to imprisonment and a fine not exceeding 30,000 dirhams or one of these two penalties. The penalty shall be doubled in case of return within two years from the date of execution of the final judgment issued in the first crime.

10. Article 11

(11-11)

Article 11

The Minister of Health shall issue the regulations and decisions necessary to implement the provisions of this law.

11. Article 12

(12-12)

Article 12

This Law shall be published in the Official Gazette and shall come into effect one month after the date of its publication.

Article 1
Specialized doctors may perform the removal of organs from the body of a living person or dead body and transplant them in the body of another living person for the purpose of treatment to preserve his life in accordance with the conditions and procedures provided for in this law.

1. Article 2
(2-2)
Article 2
A person may donate or recommend a member of his body and stipulate that the donor or the testator must be fully qualified by law. The donation or the will shall be by a written declaration signed by him and witnessed by two fully qualified witnesses.

2. Article 3
(3 - 3)
Article 3
It is not permissible to transfer a member from the body of a living person, even if it is with his consent, if he is the principal member of life, or the removal of that member leads to the death of the owner or disables him from duty.

3. Article 4
(4-4)
Article 4
Donor should be informed of all confirmed and potential health consequences of organ donor removal. This is done by a specialized medical team after a thorough examination of the donor.

4. Article 5
(5-5)
Article 5
A donor may, prior to the act of eradication, return his donation at any time unconditionally, and the donor may not recover the organ removed from him after he has donated it in accordance with the law.

5. Article 6
(6-6)
Article 6
The members may be transferred from the body of a deceased person, subject to obtaining the consent of the nearest person to the second degree. If multiple relatives are in one order, the majority of them must agree. In all cases, the consent must be given by written approval,
1. Verification of death in a conclusive manner by a committee composed of three specialized doctors, including a doctor specializing in neurological diseases, provided that none of the members of the committee shall be the executing physician.
2 - The deceased person should not have recommended in his life not to remove any member of his body, under a written declaration witnessed by two witnesses fully Ahlia.

6. Article 7
(7 - 7)
Article 7
It is prohibited to sell and buy organs by any means or to receive any money for them, and the specialist doctor is forbidden to carry out the operation when he knows this.

7. Article 8
(8 - 8)
Article 8
The removal and transplantation of human organs is carried out in medical centers allocated by the Ministry of Health for this purpose in accordance with the conditions and procedures specified by a decision of the Minister of Health.

8. Article 9
(9 - 9)
Article 9
The Minister of Health shall issue a decision specifying the conditions and specifications to be provided in the places where members are to be kept and the organization of benefiting from them.

9. Article 10
(10 - 10)
Article 10
Without prejudice to any more severe penalty provided for in other laws, any person who contravenes the provisions of this law shall be liable to imprisonment and a fine not exceeding 30,000 dirhams or one of these two penalties. The penalty shall be doubled in case of return within two years from the date of execution of the final judgment issued in the first crime.

10. Article 11
(11-11)
Article 11
The Minister of Health shall issue the regulations and decisions necessary to implement the provisions of this law.

11. Article 12
(12-12)
Article 12
This Law shall be published in the Official Gazette and shall come into effect one month after the date of its publication.

Law No. 22 of 1991 dated March 25, 1991 concerning the taking and planting of human organs

" In the name of the people,

After the approval of the House of Representatives,

The President of the Republic shall issue the following law:
Part One: General Provisions

Chapter I - The physical sanctity of man is guaranteed. The processes of taking and planting human organs are subject to the provisions of this law.

Chapter 2: Until the treatment, a member may be taken from a donor person for transplantation to another person, and the donor must be a good rational person with a full legal capacity, and his consent should be clear and selective.

Chapter 3: A member may be taken from the corpse of a dead person for therapeutic or scientific reasons unless he obtains a dissent from the deceased in the list of his life or after his death of the persons with the following eligibility mentioned in the following order: the children - the father - the mother - the husband - the brothers and sisters and the legal guardian. It is not permissible to take the members even if the consent of one of them if opposed by a person among them is ranked closer or older for the children or brothers and sisters. It is not permissible to take a member from the body of a minor or a person who is shackled in order to plant it without the consent of his legal guardian.

Chapter 4 - Never take away the entire necessary organ of life from the living to plant it even if they want. Is a necessary member of the life of the member who takes him inevitably gets the death of the person who was taken from him.

Chapter 5 - Never take the members of the procreation carrying the genetic qualities of the living and the dead in order to plant.

Chapter 6 - The taking of members shall be taken at a financial charge or in any capacity of dealing in the cases referred to in chapters 2 and 3 regardless of the return of the expenses that may be required for the introduction and planting.

Part two of the formulas and procedures under which the members are taken and planted

Chapter 7: The donor shall be informed of a member of his or her organs until his implantation with the possible results of his decision by the physician in charge of the hospital department in which the admission process will take place.

All possible physical and psychological consequences of the introduction process as well as possible implications for the personal, family and professional life of the donor.

(B) all the expected results of the transplant for the benefit of the user;

Chapter 8: The donor must give his consent to the President of the Court of First Instance or his representative, whose residence or hospital is located in the Chamber of Reference. The judge who receives the consent of the donor shall verify in advance the validity of the conditions of satisfaction provided for in Chapter 2 of the Law. And the clerk of the Tribunal. The clerk of the court shall forward a copy thereof to the licensed hospital institutions pursuant to chapter 13 of this law. The original shall be deposited in writing the court after it has been included in a dedicated book.

Chapter 9 - A donor may withdraw his consent prior to the operation without being bound in any way.

Chapter 10: The objection shall be issued by the person who died in the list of his life with books signed by him. He shall be deposited at the time of writing the court of first instance, which shall reside in the department of reference of its consideration, which shall immediately notify all hospital institutions authorized in the operations of transplantation and organ transplantation. These institutions must register this with a book prepared for this purpose. The refusal can be mentioned by the hospital administration when it enters it by decision of its objection.

Chapter 11 - Objection by one of the persons referred to in Chapter 3 of this law may be authorized by the Department of the hospital where the death occurred prior to the application process, and the objection shall be recorded in the same book, accompanied by the signature of the person concerned.

Chapter 12 - Before the procedure of the introduction of the dead, the doctor responsible for that process must confirm with the hospital management of the lack of objection, whether from the deceased in the list of his life or after the death of one of the persons referred to in Chapter 3 of this law.

Chapter 13 - The operations of transplantation and organ transplantation provided for in paragraphs 2 and 3 of this law shall be carried out by public hospitals authorized by a decision of the Minister of Public Health. However, corneal transplants can be performed at private health institutions authorized by a decision of the Minister of Public Health.

Chapter 14. The following conditions must be met in these institutions:

A) The necessary medical framework and technical means that enable the examination of death in accordance with the provisions of Chapter 15 of this law.

B - the medical framework in the process of taking and planting organs.

C - base operations that have the necessary means to take and transplant members.

(D) The means to preserve the bodies.

E) The framework for exhumation.

In general, these institutions must have all the conditions necessary to carry out such operations satisfactorily.

Chapter 15 - A member may not be taken from a corpse for therapeutic purposes prior to the examination of death.

(A) by two doctors A_i_vaiaan do not belong to the team in charge of the process of taking organs and transplantation.

(B) in accordance with the accepted rules and applicable in the medical field, and between the Minister of Public Health decision roads and signs to be adopted and the function to obtain final death, especially the final stop of the functions of the brain.

It frees two doctors who Aainan death in a report of the death of a person illustrating the date of death, and his watch and is caused by the method of observation is gone ahead with their part.

Part III: penal provisions

Chapter 16 - all contrary to the provisions of Chapters 2 and 3 of this law shall be punished by imprisonment from one year to five years and a fine ranging from one thousand dinars and two thousand dinars.

Chapter 17 - all contrary to the provisions of Chapter 4 of this law highlights the punishment contained in Chapter 201 of the Criminal Code in the form of the death of the victim and the punishment stipulated in Article 219 of the Criminal Code in other images.

Chapter 18 - all contrary to the provisions of Chapters 5 and 6 of this law shall be punished in the image of chapter 221 of the Criminal Code was sentenced to two to five years and a fine ranging from two thousand dinars and five thousand dinars.

Chapter 19 - can be in addition to the penalties mentioned earlier chapters of this section to deprive the convict of the exercise of civil rights and some jobs and professions for a period ranging between one and five years.

Chapter 20 - require the violation of the provisions of Chapter 13 of this law shed linear ranging from two thousand dinars and five thousand dinars, in addition to administrative procedures, particularly the closure of private hospital institution for a period ranging between one month and six months.

Chapter 21 - all previous provisions in violation of this law was abolished, especially in the Order of 19 July 1951 concerning the licensing of taking parts of the bodies in hospitals. This law shall be published in the Official Gazette of the Republic of Tunisia and enforced as laws of the State.

Tunisia on March 25, 1992

Law is relevant to the
law number 49 of 1995 dated 12 June 1995 the events Antrzalotunai to promote organ transplants.

Chapter I created an administrative nature a public institution, enjoys civil personality and financial independence, it is called "Motunai Center to promote organ transplants."

This institution is subject to the supervision of the Ministry of Public Health and attached to its budget Tertibia the general budget of the state.

And is the headquarters of the National Center for the Advancement of organ transplants in Tunis.

Chapter 2: The National Center mission to promote organ transplants especially as follows:

- propose practical methods for taking human organs, preservation and transfer and planted.

- urging organ donation by participating in the media and sensitize the general, especially in cooperation with the associations concerned.

- contribute to the formation agents and semi-medical medical context concerned organ transplantation.

- keeping a central register painted by people who call their health organ transplant them, while maintaining the confidentiality of the special nature relating to persons Almsmn by information.

- assigning members of the stomach for transplantation to people who call their health so.

Chapter 3: The National Center is going to promote organ transplants, Director General is called a proposal by order of the Minister of Public Health is assisted by an administrative board and a scientific council determines Turkepthma and their duties by order.

And adjusts the administrative and financial organization of the National Center for the advancement of organ transplants as well as ways to run it under the order.

Chapter I
General Provisions

Article (1)
may not be an organ transplant or their parts or tissue operations to transfer any organ or part of organ or tissue from the body of District human or from the body of dead person with a view to Rzaah in the body of another human being except in accordance with the provisions of this law and its executive regulations and implementing decisions.

Article (2)
shall not transfer any member or part of the organ or tissue from the body of a living person with a view implanted in the human body , but the necessity required to maintain the life of the recipient or treatment of serious disease, and provided that the transport is to be the only way to confront this necessity and not be the transport of exposing the donor to a serious risk to his life or health.
Members are prohibited or their parts or tissues or reproductive cell transplantation, leading to Achtla i genealogy.

Article (3)
taking into account the provisions of the preceding article prohibits the planting of Egyptians to foreigners , except the couple if one Egyptian and the other is a foreigner, to have been on this three years of marriage at least a contract notarized as prescribed by law to document marriage contracts.
The implant may be among the children of an Egyptian mother and father a foreigner among them all. As may transplant between foreigners from one nationality at the request of the State of which the donor and the Recipient as determined by the executive regulations of this law

Article (4)
Notwithstanding the provisions of Articles (2, 3) of the Act, shall not transfer any member or part of the organ or tissue from the body of District man to implanted in the human body else, unless it is for a donation between relatives of the Egyptians . It may be donated to non - relatives if the patient is in dire and urgent need for the transplant with the approval of the Special Committee , which formed for this purpose by the Minister of Health, according to the regulations and procedures determined by the executive regulations of the law.

Article (5)
In all cases , the donation must be issued by the free will free from defects satisfaction and constant writing so as determined by the executive regulations of this law.
Donation of the child and does not accept, nor significant parental or with the consent of his guardian or guardianship, and does not accept donations from incapacitated or Naqsa will not be considered with the consent of his representative or including his legal representative.
May transplant the mother cells of the child it is incompetent or Naqsa to parents or children or transfer between the brothers unless there is a donor other than not those provided that the issuance of the written consent of the child 's parents if both are alive or one of them in the event of the death of the second or his state or guardianship, and the deputy or the legal representative of eligibility or stateless Naqsa.
In all cases , the donor may or law required his consent to donate refrain from donating even before the start of the transfer procedure.
The executive regulations of this law controls donation procedures and documentaries.

Article (6)
prohibits dealing in any member of the human body or part thereof , or a tissue for sale or Purchase of paid whatever nature.
In all cases , it may not result in the laying of the member or part of it or a tissue that acquires the donor or any of his heirs or any material benefit in kind from the recipient or from his family due to transportation or Bmnaspth.
It also prohibits the doctor to start the implant procedure upon becoming aware of any violation of the provisions of the preceding paragraphs.

Article 7
may be commenced in the transfer process with a view to planting only after briefing both the donor and the Recipient if he was aware by Troika stipulated in Article 13 of this Law , the nature of the processes of transport and planting potential Mkhatarhama on the near or long term and the consent of the donor and Received, or the consent of the Deputy or legal representative if the eligibility of undernourished or Adimha for the cells of the mother and as provided for in the third paragraph of Article (5), the Commission and the liberation of the minutes so signed by the donor, the receiver unless unconscious or perception or deputy or the legal representative.

Article (8)
of the necessity required to maintain the life of a living person or treatment of serious illness or completion of a vital deficiency in his body may be a member of implants in which part of the organ or tissue from the body of a man is dead, and that among the Egyptians if the deceased had recommended that before his death testamentary documented, or installed in any official paper or acknowledged in accordance with the procedures prescribed by the Regulations of this law.

The second chapter of
human organ transplantation facilities

Article (9)
A Higher Committee shall be established, called the Higher Committee for Human Organ Transplantation, which shall have the legal personality to be followed by the Prime Minister, and shall be issued by forming, organizing its work and determining the remuneration of its members and their assistants.
The Minister of Health shall preside over the committee and appoint a technical secretariat. The committee shall manage and organize the organ transplantation, its parts and tissues, and determine the facilities licensed for planting as well as the supervision and control thereof in accordance with the provisions of this law and its executive regulations and implementing decisions.
The Minister of Justice, in agreement with the Minister of Health, shall issue a decision to grant the status of judicial seizure to the employees who supervise and supervise the said establishments within the limits of the powers entrusted to them in this law, its executive regulations and the decisions issued therefor.

Article (10)
The Higher Committee for Human Organ Transplantation shall list the names of patients who need to be transplanted from the body of a dead person according to the precedence of the registration in the register prepared for this. This precedence may not be modified unless the patient is in urgent need of the transplantation in accordance with the medical rules and procedures determined by the Higher Committee. These lists are on transplant among the living.
In no case shall the order given in the above lists be exceeded because of the inability of the patient to pay the expenses of the transplant.
The executive regulations of this law shall specify the regulations for the statement of precedence referred to in accordance with the conditions of the disease, the manner of keeping the registration records, the procedures for defaults, and the reference to patients who are able to pay for the operation.

Article (11)
The State shall guarantee the expenses of conducting organ transplants in licensed medical establishments, in respect of any person unable to pay the payment of the role in accordance with the regulations issued by a decision of the Minister of Health.
A fund shall be set up to contribute to the expenses of transportation and transplantation of organs and tissues to those who are unable to follow the Minister of Health
- What the state allocates in the general budget.
- Proceeds of fines signed on violators of the provisions of this law.
- Fees obtained according to this law.
- Donations.

Article (12)
The license for the establishment to carry out organ transplants and its parts and tissues is issued by a decision of the Minister of Health on the approval of the High Commission for Human Organ Transplantation. The license shall be for one year in which the establishment shall be subject to continuous supervision and supervision of the organ transplantation and its parts and tissues. The transparency and regulation of donations and transplants should be transparent. If compliance with these requirements and criteria is proven, the license shall be renewed every three years.
The issuance and renewal of the license shall be in return for a fee specifying the executive regulations of this law, not exceeding twenty thousand pounds for each license or renewal thereof.
The organization and implementation of the donation and transplant activities must be transparent as determined by the executive regulations of this law.

Chapter III
Procedures for organ transplantation

Article (13)
A medical committee is formed by a decision of the Higher Committee for Human Organ Transplantation in every licensed medical establishment. Among the specialized doctors, who are not owners or shareholders of this establishment, and who do not have a work association or functional link, Transplantation of human organs in accordance with the provisions provided for in this Law, its Executive Regulations and the resolutions implementing it.

Due to the length of the issue of the executive regulation of the law of transfer of Egyptian organs https://youm7.com/News.asp?NewsID=341102
This is linked to the text of the regulations Egypt

Draft Law No. (21) for the year 1997

On the regulation of transplantation and transplantation of human organs

We are Hamad Bin Khalifa Al Thani, Emir of the State of Qatar

Having examined the amended provisional statute, in particular Articles 23, 34, 51 thereof,

And the Civil and Commercial Articles Law promulgated by Law No. (16) for the year 1971, as amended by Law No. (10) for the year 1982, especially Article 22 thereof,

Law No. (11) for the year 1982 regulating the therapeutic institutions, and Law No. (2) for the year 1983 in relation to the profession of human medicine, dentistry, dental surgery and amended laws,

Decree No. (35) for the year 1979 concerning the Hamad Medical Corporation, as amended by Decree No. 38 of 1987,

After the opinion of the presidency of the Islamic courts and religious affairs,

On the proposal of the Minister of Public Health,

The draft law, submitted by the Council of Ministers, and after taking the opinion of the Shura Council, we have decided the following law:

Article (1)

In the application of the provisions of this Law, the following words and expressions shall have the meanings assigned to each of them, unless the context requires another meaning:

Minister: Minister of Public Health.

Ministry: Ministry of Public Health.

Member: Any member of the human body or part of it is vital and important to save the patient.

Removal of a member from the body of a living or dead person and planting it in the body of a living person.

Death: The heart stops and the breathing stops permanently, or the brain functions completely and irreversibly (brain death).

Article (2)

Medical doctors may perform organ removal from the body of a living person or dead body, and transplant it in the body of another living person in order to preserve his life or to achieve a therapeutic interest in accordance with the conditions and procedures provided for in this law.

Article (3)

It is prohibited to transfer genitals carrying genetic traits from the body of a living person or dead body and transplant them in the body of another living person.

Article (4)

A person has the legal capacity to donate or recommend one or more members of his or her body, in accordance with a written declaration evidenced by two fully qualified witnesses.

Article (5)

It is not permissible to transfer a member from the body of a living person, even if his consent, if the eradication of this member leads to the death of the owner, or disabling him on duty or if the doctors thought that the success of the transplant.

Article (6)

Donor should be informed of all possible and confirmed health consequences of organ donor removal. This is done in writing by a qualified medical team after a thorough examination of the donor.

Prior to the procedure, a donor may return his donation at any time without restriction or condition.

Article (7)

The deceased may be transferred from the body of a deceased person with the consent of his grandfather, upon his death, from one of his closest relatives to the second degree. If the relatives are in a single rank, they shall all agree. In all cases, the approval shall be by a written declaration evidenced by two witnesses fully qualified, after taking into account the following:

1 - Verification of death unequivocally / by a committee of three doctors specialists, including a specialist doctor in neurological diseases, not to be among the members of the Committee the doctor performing the operation.

2. The deceased person has not objected to the removal of any member of his or her body by means of a written objection or the testimony of two witnesses.

Article (8)

With the consent of the Shari'a Court, may transfer the organs from the bodies of deceased unknown persons three days after the date of death if that is in the best interests of the patient. The Court may, at the recommendation of a committee of at least three specialized doctors, Transport whenever necessary to save the life of another person in urgent need of the transferred Member.

Article (9)

The organs of the body may not be sold or purchased by any means, or any material consideration is paid to them. The doctor may not perform an ablation if he is aware of this.

Article (10)

The removal and transplantation of organs is carried out in the government hospitals allocated by the Ministry for this purpose, in accordance with the conditions and procedures issued by a decision of the Minister.

Article (11)

The Minister shall issue a decision specifying the conditions and specifications to be met in the places allocated for the conservation of the members and the methods of benefiting from them.

Article (12)

Without prejudice to any more severe penalty provided for in another law, a penalty of not less than one year and not exceeding three years and a fine of not less than two thousand riyals and not more than twenty thousand riyals shall be imposed on either person who contravenes the provisions of this law and the implementing decisions To him, and doubled the penalty in the case of lute.

The return of a person who commits a similar offense shall be considered three years before the date of execution of the sentence pronounced.

Article (13)

The Minister shall issue the necessary decisions to implement the provisions of this law.

Article (14)

All competent authorities, each within its jurisdiction, shall implement this law. And shall come into effect sixty days after the date of its publication in the Official Gazette.

Hamad bin Khalifa Al Thani

Emir of the State of Qatar

Issued at the Amiri Diwan on 1417H

Corresponding to: 1997

Law No. 30

President of the Republic

In accordance with the provisions of the Constitution

And what was approved by the People's Assembly in its session held on

Issue the following:

Article (1 ) The specialists in hospitals and medical institutions specified by the Ministry of Health may transfer, organ or parts of a member or a part of it, such as cornea, kidney or other organs or organs, and save, plant or manufacture it for a patient who needs it.

Article 2 - Members may be transferred and planted from a living person to another living person in the following two cases:

(A) The tissue or organ is transferred from and to the same body as is received at the discretion of the treating surgeon.

B- In case the fabric or the member is transferred from one body to another according to the following conditions:

1. That the transfer does not fall on a fundamental member of life, even if it is with the consent of the donor.

2. A committee of three specialist doctors shall examine the donor to determine whether the transfer of the organ from the body of the donor constitutes a danger to his life and the extent of the beneficiary's need for the transfer.

3. The member shall be transferred only from the donor who is fully qualified and after obtaining express written consent.

4. The transfer shall not be made from a minor donor unless the beneficiary and the donor are twin brothers and in this case the parents' consent is required in the case of their presence or one of them or the legitimate sponsor.

5. The transfer and implantation may be carried out on the beneficiary before obtaining explicit written consent from him or his legal guardian or from his family.

6. The donor shall not waive any of its members or part of it for a material or profit benefit.

Article 3 - Members or organs or parts thereof may be transferred from a dead person in order to implant them to a patient who needs them in one of the following cases:

1. The deceased's will to do so.

2 - approval of a member of the family of the deceased as follows:

A - First degree.

B- Second degree degree in the absence of first degree relatives.

Article 4 : The transfer of organs shall not cause any harm to the dignity of the deceased's body or change its features.

Article 5 : Members may not be transferred from the deceased until the death is confirmed in accordance with the instructions issued by the Ministry of Health and according to a fundamental report by a medical committee composed of three doctors.

Article 6 : The medical team that decides the death shall be the medical team carrying out the transport and planting.

Article 7 : Any person who contravenes the provisions of this law or the instructions and decisions executed by him shall be liable to imprisonment from one month to six months and a fine of 5,000 to 10,000 Syrian pounds.

Article 8: The Ministry of Health shall determine the tariff for the transfer and implantation of organs.

Article 9 : The Ministry of Health shall issue resolutions, definitions and executive instructions governing the implementation of the provisions of this law.

Article 10 - Law No. 31 of 23/8/1972 and the amended law No. 43 of 20/12/1986 and all legal provisions contrary to this law shall be repealed.

Article 11 : This Law shall be published in the Official Gazette.

Damascus on 26/9/1423 and 20/11/2002

 

President of the Republic

Bashar Assad

Organ Transplants Law in the Kingdom of Bahrain

Decree-Law No. (16) for the year 1998

On the transfer and transplantation of human organs

We Isa bin Salman Al Khalifa, Amir of the State of Bahrain

After reviewing the Constitution,

The Amiri Order No. (4) of 1975,

And Decree-Law No. (7) for the year 1989 concerning the practice of human medicine and dentistry,

Based on the presentation of the Minister of Health,

After taking the opinion of the Shura Council,

and after the Council of Ministers' agreement ,

We have drawn up the following law:

Article (1)

Specialized doctors may perform organ removal operations from the body of a living person or dead body and transplant them in the body of another living person for the purpose of treatment to preserve his life, in accordance with the conditions and procedures provided for in this law.

Article (2)

A person may donate or recommend a member of his body, and the donor or the testator must be fully legally qualified. The donation or will will be made in accordance with a written declaration signed by him and two witnesses will be fully qualified.

Article (3)

A member may not be transferred from the body of a living person, even if he has his consent, if the removal of this member leads to the death of the owner or disabling him for his duty.

Article (4)

The donor must be informed of all the confirmed and potential health consequences of the organ donor being removed, and written by a specialized medical committee, after a thorough examination of the donor.

Prior to the eradication procedure, a donor may return his donation unconditionally and the donor may not recover the organ that has been removed from him after he has donated it in accordance with the law.

Article (5)

The members may be transferred from the body of a deceased person, subject to obtaining the consent of the nearest person to the second degree. If the relatives are in one order, the majority of them must agree. In all cases, the consent must be given by written approval,

1 - Verification of death in a conclusive manner, by a medical committee consisting of three specialized doctors, including a doctor specializing in neurological diseases, not to be among the members of the Committee the doctor performing the operation.

2. The deceased person shall not be advised, in his lifetime, not to remove any member of his body by a written declaration attested by two witnesses fully qualified.

Article (6)

Upon the recommendation of a medical committee of at least three medical specialists, a member may be transferred from the body of a deceased person, whether known or unknown, to live in a living body in a necessary need for this member to save his life, subject to the approval of the Minister of Health, provided that the deceased has not objected to The transfer of his life or his relatives stipulated in the previous article did not agree to transfer after his death.

Article (7)

It is prohibited to buy or sell organs of the body by any means or to receive any monetary compensation.

Article (8)

The eradication and transplantation of human organs is carried out in the medical centers allocated by the Ministry of Health for this purpose, in accordance with the procedures and conditions issued by a decision of the Minister of Health.

Article (9)

The Minister of Health shall issue a decision specifying the conditions and specifications to be met in the places of the members' conservation and the organization of their utilization.

Article (10)

Without prejudice to any more severe punishment provided for in other laws, anyone who contravenes the provisions of this law and the decisions executed therein shall be punished by imprisonment and a fine not exceeding three thousand dinars or one of these two penalties.

Article (11)

The Minister of Health shall issue the necessary decisions to implement the provisions of this law.

Article (12)

The Ministers, each in his own capacity, shall implement this Law and shall come into force on the date of its publication in the Official Gazette.

Prince of the State of Bahrain

Issa bin Salman Al Khalifa

Issued at Riffa Palace

Date: 18 Safar 1419 AH

Corresponding to: 13 June 1998

Bahrain

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