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The Transplantation of Human Organs Act, 1994 - Regulation of Hospitals

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Indian Laws and Regulations Related to Health
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CHAPTER III-REGULATION OF HOSPITALS

10. Regulation of hospitals conducting the removal, storage or transplantation of human organs. — 

(1) On and from the commencement of this Act, —

    (a) no hospital, unless registered under this Act, shall conduct, or associate with, or help in, the removal, storage or transplanation of any human organ;

   (b) no medical practitioner or any other person shall conduct, or cause to be conducted, or aid in conducting by himself or through any other person, an activity relating to the removal, storage or transplantation of any human organ at a place other than a place registered under this  Act; and

   (c) no place including a hospital registered under sub-section (1) of Section 15 shall be used or cause to be used by any person for the removal, storage or transplanation of any human organ except for therapeutic purposes.

(2) Notwithstanding anything contained in sub-section (1), the eyes or the ears may be removed at any place from the dead body of any donor, for therapeutic purpose, by a registered medical practitioner.

  Explanation. — For the purposes of this sub-section, “ears” includes ear drums and ear bones.

11. Prohibition of removal or transplantation of human organs for any purpose other than therapeutic purposes. —  No donor and no person empoered to give authority for the removal of any human organ shall authorise the removal of any human organ for any purpose other than therapeutic purposes.

12. Explaining effects to donor and recipient. —  No registered medical practitioner shall undertake the removal or transplanation of any human organ unless he has explained, in such manner as may be prescribed, all possible effects, complications and hazards connected with the removal and transplanation to the donor and the receipient respectively.  

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