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The Transplantation of Human Organs Rules, 1995 - Duties of the Medical Practitioner

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Indian Laws and Regulations Related to Health

4. DUTIES OF THE MEDICAL PRACTITIONER

(1)  A registered medical practitioner shall, before removing a human organ, from the body of a donor before his death satisfy himself -

       (a) that  the donor has given his authorization in the Form 1

      (b) that the donor is in proper state of health and is fit to donate the organ, and shall sign a certificate a specified in Form 2.

      (c) that the donor is a near relative of the recipient and shall sign a certificate as specified in Form 3 after carrying out the following tests on the donor and the recipient, namely:-

           (i) tests for the antigenic products of the Human Major Histo-compatibility system HLA-A, HLA-B and HLA-DR using conventional serological techniques;
          (ii) tests to establish HLA-DR beta and HLA-DQ beta gene restriction fragment length polymorphism;
          (iii) Where the tests referred to in sub-clause(i) and sub-clause(ii) do  not establish a genetic relationship between the donor  and the recipient further tests to establish DNA polymorphism using at least two multi locus gene probe;
         (iv) Where the tests referred to in sub-clause (iii) do not establish a genetic relationship between the donor and the recepient further tests do establish DNA polymorphisms using atleast 5 single locus polymorphic probes.

    (d) in case recipient is a spouse of the donor, record the statements of the recipient and the donor to the effect that they are so related and shall sign a certificate in Form 4;

 (2)  A registration medical practitioner shall, before removing a human organ from the body of a person after his death satisfy himself -

      (a) that the donor had in the presence of two or more witnesses (at last one of whom is a near relative of such person) unequivocally authorized as specified in Form 5 before his death, the removal of the human organ of his body, after his death, for therapeutic purposes and there is no reason to believe  that the donor had subsequently revoked the authority  aforesaid.

     (b) that the person lawfully in possession of the dead body has signed a certificate as  specified in Form 6 or Form 7.

(3)  A registered medical practitioner shall before removing human organ from the body of a person in the event of his brainstem death satisfy himself -

      (a) that a certificate as specified in Form 8 has been signed by all the members of the Board of medical experts referred to in sub section (6) of section 3 of the Act

     (b) that in the case of brain stem death of a person of in less than eighteen years of age, a certificate specified in Form 8 has been singed by all the members of the Board of medical experts referred  to in sub-section (6) of Section 3 of the Act and an authority as specified in Form 9 has been signed by either the parent of such person.

5.  PRESERVATION OF ORGANS

    The organ removed shall be preserved according to current and accepted scientific methods in order to ensure viability for the purpose of transplantation.

6. The donor and the recipient shall make jointly an application to grant approval for removal and transplantation of a human organ, to the Authorization Committee as specified in Form 10.

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