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Transplantations from the living donors may be carried out, pursuant to the applicable legislation, when a benefit for the recipient is bigger than the donor’s harm, or it is not possible to gain a suitable organ, tissue or cells from a deceased donor. The donor is a person fully eligible for the legal acts. All conditions are described in details in the Second head of the Act No. 576/2004 Coll.
 

Second head
Procurement, storage and transport of organs, tissues and cells
§ 35 – General conditions

 

  1. Procurement, storage and transport of organs, tissues and cells for the purposes of transplantation and scientific and research objectives may be carried out only the providers on the basis of an authorization pursuant to a special regulation.
  2. Recipient, for the purposes of this Act, is a person, into the body of which an organ, tissue or cells are inserted.
  3. Donor, for the purposes of this Act, is a living person or deceased person, from the body of which the organs, tissues or cells are procured for the transplantation purposes and scientific and research objectives.
  4. The providers pursuant to the section 1 establish
  5. a transplantation center, which executes any performances relating to the procurement, distribution and transfer of organs to the recipient,
  6. a procurement center, which executes any performances relating to the procurement and distribution of organs,
  7. a tissue bank, which executes any performances relating to the procurement, processing, storage and distribution of tissues and cells for the transplantation purposes.
  8. Provider of the constitutional care is obliged to report the data on the potential donors into the Donor Registry, which is kept by the Department of Health [§ 45 letter o)].
  9. Procured organ and procured tissue must be bioptically examined before the transplantation execution.
  10. An international co-operation relating to the exchange of organs, tissues and cells may be carried out only with reputable international organizations on the basis of written agreements and with consent of the Ministry of Health.
  11. Procurement and transfer of organs, tissues and cells with the aim of a financial profit or another property benefit is prohibited.

§ 36 – Procurement of organs, tissues and cells from the living donor bodies

 

  1. Procurement organs, tissues and cells from the living donor body for the purposes of their transfer into the body of another person may be executed only, if
  2. it is supposed that the procurement will not seriously threaten the donor’s state of health,
  3. a direct curative benefit is supposed for the recipient,
  4. benefit for the recipient is bigger than the donor’s harm,
  5. it is not possible to acquire a suitable organ, tissue or cells from the deceased donor,
  6. no alternative curative procedure with better or comparable result is known.
  7. The donor, pursuant to the section 1, may only be a person eligible for the legal acts, who has given a written informed consent with the procurement after a previous instruction. In exceptional cases the donor, pursuant to the section 1, may be also a person ineligible  to give an informed consent on the basis of an informed consent of a legal representative, if
  8. the procurement involves a regenerative tissue,
  9. no suitable donor who is eligible to give an informed consent, is available,
  10. potential recipient is the donor’s brother or sister,
  11. the donation has a life saving potential for the recipient.
  12. The donor, pursuant to the section 1, must not be a person who is in prison or in execution of an infamous punishment.
  13. Transplantation center consillium will judge wheather it is possible to reasonably expect a successful completion of procurement of the organ or tissue and its transfer to the recipient and will consider the fulfillment of conditions pursuant to the section 1. Procurement may not be realized if a serious threat of the donor´s state of health can be expected regardless of assumption of his/her informed consent.
  14. Procurement of organs or tissue for the purposes of transfer into the body of a person directly relative with the donor may be carried out only after approval by the transplantation center consillium. Procurement of organs or tissue for the purposes of transfer into the body of a person distantly relative with the donor or a person non-relative with the donor may be carried out only after approval by the consillium which is set by the Department of Health for these purposes.

§ 37 - Procurement of organs, tissues and cells from the deceased donor bodies

 

  1. Deceased donor may be only a person by which a death was determined pursuant to this Act (§ 43).
  2. Procurement of organs, tissues or cells from the deceased donor bodies is possible only, when the person did not make a written declaration throughout his/her life that he/she did not agree with such intervention into his/her body integrity. A legal representative may make such written declaration on behalf of a person ineligible to give an informed consent throughout this person’s life.
  3. The declaration pursuant to the section 2 containing a certified signature according to a special provision 35) is send to the Registry of persons – kept by the Department of Health -  who declared throughout their life a disapproval with procurement of organs, tissues and cells after their death [§ 45 letter o)].
  4. The disapproval pursuant to the section 2 may be revoked anytime; the disapproval revoking shall be done pursuant to the section 3.
  5. Before the procurement of organs, tissue and cells from the deceased donor body the provider is obliged to:
  6. verify the donor’s identity,
  7. learn from the Registry of persons pursuant to the section 3, whether the person expressed the disapproval with the procurement.
  8. After the procurement of organs or tissues from the deceased donor an autopsy shall be carried out in all cases. 14) Report on procurement of organs or tissues shall be attached to the autopsy report.

§ 38 – Transfer of organs, tissues and cells to the recipient

  1. Transfer of organ, tissue or cells into the recipient’s body may be realized only, when the recipient is medically fit for such intervention; the condition for its execution is a written informed consent after the previous instruction.
  2. Medical fitness of the recipient shall be reviewed by the attending physician and by a physician of the transplantation center.
  3. Register of the persons waiting for transplantation shall be kept by the Department of Health [§ 45 letter o)].
  4. Selection of the recipient shall be governed exclusively by a medical point of view.