Legislative responses to organ transplantation

목차 (Table of Contents)

• CONTENTS
• ALGERIA
• 1985 16 Feb. Law No. 85-05 on health protection and promotion (Chapters II and III) = 1
• 1990 31 July Law No. 90-17 amending Law No. 85-05 = 3
• ARGENTINA
• 1977 21 Mar. Law No. 21541 on the removal and transplantation of organs and anatomical materials = 7
• AUSTRALIA
• 1989 An Australian Code of Practice for Transplantation of Cadaveric Organs and Tissues = 13
• Capital Territory
• 1978 The Transplantation and Anatomy Ordinance 1978 = 33
• New South Wales
• 1983 The Human Tissue Act, 1983 = 33
• 1983 The Tissue Grafting and Processing (Repeal) Act,1983 = 33
• Northern Territory
• 1979 15 Oct. The Human Tissue Transplant Act 1979 = 34
• 1989 20 Sep. The Human Tissue Transplant Amendment Act 1989 = 47
• Queensland
• 1979-1984 The Transplantation and Anatomy Act = 47
• 1984 The Transplantation and Anatomy Act Amendment Act 1984 = 70
• South Australia
• 1983 5 May The Transplantation and Anatomy Act 1983 = 71
• 1984 18 Oct. The Transplantation and Anatomy Act Amendment Act 1984 = 87
• 1985 6 June The Transplantation and Anatomy Act Amendment Act 1985 = 88
• Tasmania
• 1985 The Human Tissue Act 1985 = 89
• 1987 The Human Tissue Amendment Act 1987 = 101
• Victoria
• 1982 The Human Tissue Act 1982 = 102
• Western Australia
• 1982 The Human Tissue and Transplant Act 1982 = 102
• 1984 31 May The Health Legislation Amendment Act = 127
• 1985 The Blood and Tissue (Transmissible Diseases) Regulations 1985 = 129
• AUSTRIA
• 1982 1 June Federal Law amending the Hospitals Law = 132
• BELGIUM
• 1986 13 June Law on the removal and transplantation of organs = 133
• 1986 30 Oct. Crown Order authorizing certain authorities of the Ministry of Public Health and Family Affairs to be granted access to the National Register of Natural Persons for the purposes of the application of the legislation on the removal and transplantation of organs = 137
• 1986 30 Oct. Crown Order requiring the communal administrations to communicate to the Ministry of Public Health and Family Affairs, through the National Register of Natural Persons, the information mentioned in item (a) of subsection 3 of Section 10 and in item 3 of subsection 4 of Section 10 of the Law of 13 June 1986 on the removal and transplantation of organs. = 137
• 1986 30 Oct. Crown Order governing the method of expressing the wishes of the donor or the persons referred to in subsection 2 of section 10 of the Law of 13 June 1986 on the removal and transplantation of organs = 137
• 1986 30 Oct. Crown Order authorizing certain authorities of the Ministry of Public Health and Family Affairs to use identity numbers given in the National Register of Natural Persons for the purposes of the application of the legislation on the removal and transplantation of organs = 138
• 1986 30 Oct. Crown Order regulating the method of expressing consent to the removal of organs and tissues from living persons = 139
• 1988 15 Apr. Crown Order on tissue banks and the removal, preservation, preparation, importation, transport distribution and supply of tissues = 139
• BOLIVIA
• 1982 15 Mar. Regulations on the use of organs and tissues = 142
• BRAZIL
• 1988 5 Oct. Constitution of the Federative Republic of Brazil (Section 199) = 144
• BULGARIA
• 1976 Ordinance No. 15 of the Minister of Public Health on the transplantation of human organs = 146
• CANADA
• 1990 Apr. Canadian Medical Association Code of Ethics (Sections 20-23) = 148
• 1990 The Uniform Human Tissue Donation Act = 148
• Alberta
• 1967 The Human Tissue Act = 155
• British Columbia
• 1972 30 Mar. The Human Tissue Gift Act = 156
• 1973 7 Nov. An Act to Amend the Human Tissue Gift Act = 156
• Manitoba
• 1987 17 July The Human Tissue Act = 156
• New Brunswick
• 1986 18 June An Act to amend the Human Tissue Act = 160
• Newfoundland
• 1967 25 Apr. The Human Tissue Act, 1966-67 = 160
• Nova Scotia
• 1964 18 Mar. The Human Tissue Act = 161
• Ontario
• 1982 Oct. The Human Tissue Gift Act = 161
• COLOMBIA
• 1979 24 Jan. Law No. 9 Prescribing Health Measures = 167
• 1988 20 Dec. Law No. 73 amending Law No. 9 of 1979 = 168
• 1989 6 June Decree No. 1172 = 169
• COSTA RICA
• 1974 20 Aug. Law No. 5560 on Human Transplants = 176
• 1987 8 May Decree No. 17533-S = 178
• CUBA
• 1983 13 July Law No. 41 on public health (Division XI) = 180
• 1988 4 Feb. Decree No. 139 Promulgating Regulations for the implementation of the Law on Public Health = 180
• CYPRUS
• 1976 22 Oct. The Corneal Grafting Law (No. 48) = 182
• 1987 22 May Law No. 97 on the removal and transplantation of biological materials of human origin. = 183
• DENMARK
• 1967 9 June Law No. 246 concerning the removal of human tissues = 186
• 1976 10 June Law No. 313 amending certain legal provisions prescribing an age limit of 20 years, etc = 187
• 1990 25 June Guidelines No. 116 on the obligations of physicians in relation to consent to transplantation from the bodies of deceased persons = 188
• 1990 13 June Law No. 402 on the examination of cadavers, autopsies, and transplantation, etc = 188
• DOMINICAN REPUBLIC
• 1988 30 Aug. Law No. 60-88 on the donation of corneas = 190
• ECUADOR
• 1987 26 May Law No. 64 reforming the Health Code = 191
• EL SALVADOR
• 1988 11 May Decree No. 955 promulgating the Health Code (Section 128) = 194
• FINLAND
• 1985 26 Apr. Law No. 355 on the removal of human organs and tissues for medical purposes = 195
• 1985 23 Aug. Ordinance No. 724 on the removal of human organs and tissues for medical purposes = 196
• FRANCE
• 1949 7 July Law No. 49-890 authorizing the practice of corneal grafting with the aid of voluntary eye donors = 199
• 1976 22 Dec. Law No. 76-1181 on the removal of organs = 199
• 1978 31 Mar. Decree No. 78-501 for the implementation of the Law of 22 December 1976 on the removal of organs = 200
• 1978 3 Apr. Circular, concerning Decree No. 78-501 of 31 March 1978 for implementation of Law No. 76-1181 on the removal of organs = 202
• 1986 14 Mar. Circular No. 144 on detailed provisions concerning the advancement of organ transplants = 202
• 1987 1 June Cicular DGS／3B／496 on the systematic screening of all organ donors for HIV antibodies = 203
• 1987 9 July Circular No. 194 on detailed provisions concerning the advancement of organ transplantation = 204
• 1988 13 Oct. Circular No. 264 on the arrangements for developing organ transplantation = 204
• 1988 29 Dec. Circular No. 88／M／223 on the payment of costs incurred by removals of organs and bone marrow = 205
• 1989 7 Sep. Circular No. 308 on the arrangements for the payment of costs and reimbursement of expenses incurred by the removal from living donors of human organs or bone marrow intended for transplantation = 205
• 1989 6 June Order establishing the Advisory Commission on Transplantation = 205
• 1989 6 June Order establishing the Advisory Commission on Acute Renal Failure = 205
• 1990 24 Sep. Decree No. 90-844 amending Decree No. 78-501 of 31 March 1987 made for the implementation of Law No. 76-1181 on the removal of organs = 206
• 1990 24 Sep. Decree No. 90-845 on activities relating to organ transplantation that require immunonsuppressive treatment = 206
• 1990 24 Sep. Order prescribing the number of renal, cardiac and liver transplantation units = 207
• 1990 24 Sep. Order on the contents of the dossier for applying for an authorization to undertake organ transplantations = 207
• 1990 24 Sep. Order on the procedures for the evaluation of organ transplantation activities = 208
• 1990 24 Sep. Order on organization of bone marrow allograft activities = 208
• 1990 24 Sep. Order on management and financing of the list of patients awaiting transplantation = 208
• 1992 23 Oct. Order on the Transparency Committee Competentwith Regard to the Removal Therapeutic Use of Organs, Tissues, and Cells of Human Origin = 209
• GREECE
• 1983 2 Aug. Law No. 1383 on the removal and transplantation of human tissues and organs = 210
• 1989 13 June Decision No. A29／Ec. 2697 on the procedure to be followed by persons wishing to donate human tissues and organs for transplantation purposes = 211
• GUATEMALA
• 1979 9 Aug. Decree No. 45-79 prescribing the Health Code (Sections 156-160) = 212
• HONG KONG
• 1992 27 Mar. Human Organ Transplant Bill 1992 = 213
• HUNGARY
• 1972 4 Nov. Ordinance No. 18 of the Minister of Health relating to removal and transplantation of organs and tissues = 217
• 1979 1 Mar. Instructions No. 7 of the Minister of Health on kidney removal = 223
• 1984 27 May Ordinance No. 5 of the Minister of Health for the implementation of the provisions relating to deceased persons = 223
• 1986 30 Apr. Instructions No. 8003 of the Minister of Health on the use for therapeutic or pharmaceutical purposes of organs, tissues or other substances removed from the body of deceased persons in connection with pathological examinations = 224
• 1987 20 July Ordinance No. 6 of the Presidential Council of the Hungarian People's Republic amending Law No. II of 1972 on health = 225
• 1988 17 Feb. Ordinance No. 3 of the Minister of Social Affairs and Health amending ordinance No. 18 of 4 November 1972 of the Minister of Health for the implementation of the provisions concerning removal and transplantation of organs and tissues of Law No. II of 1972 on health = 228
• INDIA
• Bombay
• 1949 13 Apr. The Bombay Anatomy Act 1949 = 231
• Karnataka
• 1986 27 Oct. The Karnataka Kidneys Transplantation Act, 1986 = 233
• Kerala
• 1988 16 Aug. The Kerala Corneal Grafting (Amendment) Act, 1988 = 234
• Maharashtra
• 1982 The Maharashtra Kidney Transplantation Act, 1982 = 234
• 1989 28 Aug. The Maharashtra Kidney Transplantation Rules, 1989 = 236
• Union Territory of Delhi
• 1982 7 Aug. The Ear Drums amd Ear Bones (Authority for Use for Therapeutic Purposes) Act, 1982 = 237
• 1982 7 Aug. The Eyes (Authority for Use for Therapeutic Purposes) Act, 1982 = 237
• IRAQ
• 1981 9 June Resolution No. 776 of the Revolutionary Command Council on kidney transplant operations = 239
• 1986 27 Aug. Decree No. 698 of the Revolutionary Command Council on transplantation of human organs = 239
• ITALY
• 1975 2 Dec. Law No. 644 regulating removal of parts of cadavers for therapeutic transplantation including rules for governing removal of the pituitary gland from cadavers with a view to producing extracts for therapeutic purposes = 240
• 1977 16 June Decree No. 409 regulating removal of parts of cadavers for purposes of therapeutic transplantation = 246
• 1982 14 Jan. Decree authorizing removal of corneas for purposes of therapeutic transplantation at the home of the donor = 248
• 1990 13 July Law No. 198 regulating the removal of parts of cadavers for purposes of therapeutic transplantation = 248
• JAPAN
• 1989 8 Dec. Law No. 70 establishing the Special Research Committee on Brain Death and Organ Transplantation = 249
• KUWAIT
• 1987 20 Dec. Decree-Law No. 55 on organ transplantation = 250
• 1989 6 Jan. Ordinance No. 44 of the Ministry of Public Health = 251
• 1989 6 Feb. Ordinance No. 45 of the Ministry of Public Health = 251
• 1989 6 Feb. Ordinance No. 46 of the Ministry of Public Health = 251
• 1989 5 July Ordinance No. 253 of the Ministry of Public Health = 252
• LEBANON
• 1983 16 Sep. Decree No. 109 on the removal of human tissues and organs for therapeutic and scientific purposes = 253
• LIBYAN ARAB JAMAHIRIYIA
• 1982 10 Mar. Law No. 4 authorizing the dissection of the bodies of deceased persons and the use of their organs for transplantation purposes = 255
• LUXEMBOURG
• 1982 25 Nov. Law of November 1982 regulating the removal of substances of human origin = 256
• 1984 24 Jan. Regulations of the Grand Duke on the National Coordinating Service for Kidney Removals = 256
• 1984 22 June Regulations of the Grand Duke specifying equipment that must be available for kidney removals in hospitals = 257
• MALAWI
• 1990 18 May The Anatomy Act, 1990 = 258
• MALAYSIA
• 1974 8 Mar. The Human Tissues Act, 1974 = 267
• MEXICO
• 1976 16 Aug. Federal Regulations of August 1976 on the use of human organs, tissues, and cadavers = 269
• 1981 25 Feb. Order delegating certain powers from the Secretariat for Health and Welfare to the Subsecretariat for Health with regard to use of human organs, tissues, and cadavers = 271
• 1983 26 Dec. The General Law on Health, 1983 (Title IV) = 271
• 1987 25 Apr. Decree of April 1987 revising and amending the General Law on health = 272
• NORWAY
• 1973 9 Feb. Law No. 6 of February 1973 on transplantation, hospital autopsies, donations of bodies, etc = 276
• 1974 3 May Crown Resolution of May 1974 providing for the partial entry into force of Law No. 6 of 1973 on transplantation, hospital autopsies, donations of bodies, etc = 278
• 1977 10 June Regulations on the definition of death in connection with the Law on transplantation, hospital autopsies, donations of bodies, etc = 278
• 1977 10 June Text of 10 June on the entry into force of Chapter 1 (Transplantations) and Section 14 of Law No. 6 of 9 February 1973 on transplantation, autopsies, donations of bodies etc., and delegating authority = 279
• 1985 11 Jan. Text No. 18 of 11 January 1985 on the entry into force of Chapter 3 of Law No. 6 of 9 February 1983 on transplantations, clinical autopsies and the donation of cadavers, etc = 279
• 1987 12 June Law No. 66 of 12 June 1987 amending the Law of 9 February 1973 on transplantation, hospital autopsies, donations of bodies, etc = 280
• PAKISTAN
• Sindh
• 1990 24 July Ordinance No. III of 1990 to provide for the establishment of the Sindh Institute of Urology and Transplantation = 281
• PANAMA
• 1983 11 July Law No. 10 regulating the transplantation of organs and anatomical parts = 282
• PARAGUAY
• 1980 15 Dec. Law No. 836／80 of December 1980 promulgating the Health Code (Sections 275-279) = 287
• PERU
• 1982 1 June Law No. 23415 of June 1982 (including amendments introduced by Law No. 24703 of June 1987) = 288
• PHILIPPINES
• 1975 23 Dec. Presidential Decree No. 856 of December 1975 promulgating the Code on Sanitation (Section 96) = 290
• 1991 The Organ Donation Act 1991 = 290
• PORTUGAL
• 1976 13 June Decree-Law No. 553 defining the conditions under which tisseus or organs necessary for transplantation or other therapeutic purposes may be removed from the body of a deceased person = 297
• ROMANIA
• 1978 6 July Law of July 1978 on the safeguarding of the health of the population (Sections 129-137) = 298
• RUSSIAN FEDERATION
• 1992 22 Dec. Law on transplatation of human organs and／or tissues = 300
• 1992 22 Dec. Resolution of the Supreme Soviet of the Russian Federation on the entry into force of the Law of the Russian Federation on the transplantation of human organs and／or tissues = 303
• SINGAPORE
• 1972 29 June The Medical (Therapy, Education and Research) Act 1972 = 305
• 1987 10 June The Human Organ Transplant Act 1987 = 309
• 1987 6 July The Human Organ Transplantation Regulations, 1987 = 315
• SOUTH AFRICA
• 1974 24 May The Anatomical Donations and Post-mortem Examinations Regulations = 316
• 1983 12 July The Human Tissue Act No. 65 of 1983 = 318
• 1984 10 Aug. The Human Tissue Amendment Act No. 106 of 1984 = 334
• SPAIN
• 1979 27 Oct. Law No. 30 of October 1979 on removal and transplantation of organs = 335
• 1980 22 Feb. Crown Decree No. 426 of February 1980 for the implementation of Law No. 30 of October 1979 on removal and transplantation of organs = 337
• 1980 25 Aug. Order of August 1980 establishing the Advisory Commission on Organ Transplants = 343
• 1980 27 June Resolution of June 1980 of the Secretary of State for Health on the National Transplant Organization and histo-compatibility diagnosis laboratories = 343
• 1980 27 June Resolution of June 1980 of the Secretary of State for Health for implementation of Regulations made in the pursuance of the Law on organ transplants = 344
• 1984 29 Nov. Order of November 1984 determining basic, minimum, uniform criteria applicable in the approval of centres for cardiac and cardiopulmonary transplantation = 346
• 1987 24 June Order of June 1987 on the detection of antiHIV [antibodies] in the procurement, removal, transplantation, or implantation of human organs = 347
• 1991 20 Mar. (Murcia) Order of 20 March 1991 of the Office of the Counsellor for Health on the authorization of centres for the removal and transplantation of human organs and tissues = 348
• SRI LANKA
• 1987 11 Dec. The Transplantation of Human Tissues Act, No. 48 of 1987 = 349
• SWEDEN
• 1975 15 May The Transplantation Law, No. 190 of 1975 = 353
• 1975 4 Dec. The Transplantation Law, No. 190 of 1975, and the instruction relating thereto issued by the National Board on Health and Welfare = 355
• 1987 14 May Law No. 270 of May 1987 amending the Transplantation Law, No. 190 of 1975 = 355
• 1988 3 May Regulations No. 13 of 1988 of the National Board of Health and Welfare on HIV and hepatitis B prevention in the removal of organs or biological material other than blood and plasma = 356
• SWITZERLAND
• Geneva
• 1984 17 Sep. Regulations of September 1984 on the determination of death and interventions on human cadavers = 357
• 1988 16 Sep. Law of September 1988 on the determination of death and interventions on human cadavers = 357
• Ticino
• 1989 18 Apr. Law of April 1989 on health promotion and coordination in the health sector (the Health Law) (Section 15) = 358
• Vaud
• 1985 29 May Law of May 1985 on public health (Chapter III) = 358
• 1986 5 Dec. Regulations of December 1986 on the burial and cremation of, and medical interventions carried out on, cadavers = 358
• SYRIAN ARAB REPUBLIC
• 1972 23 Aug. Law No. 31 on the removal and transplantation of organs from the human body = 360
• 1986 20 Dec. Law No. 43 of 1986 amending the Law on the removal and transplantation of organs of the human body = 361
• TONGA
• 1958 The Corneal and Tissue Grafting Act 1958 = 363
• TUNISIA
• 1991 25 Mar. Law No. 91-22 of March 1991 on the removal and transplantation of human organs = 366
• TURKEY
• 1979 29 May Law No. 2238 of May 1979 on the removal, storage, transfer, and grafting of organs and tissues = 369
• UNITED KINGDOM
• 1961 27 July The Human Tissue Act 1961 = 373
• 1986 26 June The Corneal Tissue Act 1986 = 373
• 1989 27 July The Human Organ Transplants Act 1989 = 375
• 1989 The Human Organ Transplants Act 1989 (Commencement) Order 1989 = 378
• 1989 14 Nov. The Human Organ Transplants (Establishment of Relationship) Regulations 1989 = 379
• 1989 14 Nov. The Human Organ Transplants (Supply of Information) Regulations 1989 = 380
• 1992 Nov. General Medical Council - Guidance for Doctors on Transplantation of Organs from Live Donors = 380
• British Transplant Society - Protocol for the Provision of Organs for Transplantation = 383
• UNITED STATES OF AMERICA
• 1984 9 Oct. The National Organ Transplant Act 1984 = 385
• 1987 The Uniform Anatomical Gift Act 1987 = 388
• 1988 The Organ Transplantation Amendments Act of 1988 = 412
• 1988 8 Feb. United States Code of Federal Regulations Title 42, Parts 405 etc., Medicare and Medicaid programs；organ procurement organizations and organ procurement protocols = 412
• 1990 16 Nov. The Transplant Amendments Act of 1990 = 413
• California
• 1974 27 Sep. Health and Safety Code 1974 = 414
• 1988 The Uniform Anatomical Gift Act 1988 = 415
• Florida
• 1983 22 June An Act (Chapter 83-171 of the Laws of 1983) relating to anatomical gifts = 422
• New York
• 1985 2 Aug. An Act (Chapter 801 of the Law of 1985) to amend the Public Health Law, in relation to anatomical gifts；consents = 423
• Oregon
• 1990 July Oregon Public Health Laws = 424
• VENEZUELA
• 1986 12 May Resolution No. G-624 of May 1986 establishing the Coordinated National Transplant Programme, within the framework of the National Programme for the Control of Kidney Diseases = 428
• 1988 11 Nov. Resolution No. 6-1323 of November 1988 establishing the National Commission for the Surveillance of Transplantations of Organs and Anatomical Materials in Human Beings = 428
• VIET NAM
• 1989 30 June Law of June 1989 on protection of public health (Section 30) = 429
• ZIMBABWE
• 1976 The Anatomical Donations and Post-mortem Examinations Act, No. 34, 1976 = 430
• APPENDIX = 444
• COUNCIL OF EUROPE
• 1978 11 May Resolution (78) 29 on harmonisation of legislations of member states relating to removal, grafting and transplantation of human substances = 444
• 1979 14 Mar. Recommendation No. R (79) of the Committee of Ministers to the Member States concerning international exchange and transportation of human substances = 446
• 1987 3rd Conference of European Health 16-17 Nov Ministers, Final Text = 450
• EUROPEAN PARLIAMENT
• 1979 27 Apr. European Parliament Resolution on Organ Banks = 457
• 1983 15 Apr. Resolution on Organ Transplants = 458
• TRANSPLANTATION SOCIETY
• 1985 Transplantation Society (The Council of,) 1985.Commercialisation in transplantation: the problems and some guidelines for practice = 459
• 1971 Transplantation Society (Committee on Morals and Ethics). 1971 Statement = 465
• WORLD HEALTH ORGANIZATION
• 1987 Resolution WHA40.13 (Development of Guiding Principles for Human Organ Transplantation) = 467
• 1989 Resolution WHA42.5 (Preventing the purchase and sale of human organs) = 467
• 1991 Human organ transplantation - A report on developments under the auspices of WHO 1987- 1991 (Guiding Principles for Human organ transplantation) = 468
• WORLD MEDICAL ASSOCIATION
• 1985 Statement on Live Organ Trade = 475
• 1987 Declaration on Human Organ Transplantation = 475
• BIBLIOGRAPHY A select bibliography on ethical／legal／legislative aspects of organ transplantations prepared by the Health Legislation Unit, World Health Organization, Geneva = 477