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Regulations on Human Organ Transplantation

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Updated: 2014-06-05

Article 24 A medical institution engaged in human organ transplantation shall, at regular intervals, report on human organ transplantation to the competent health department of the people’s government of the province, autonomous region, or municipality directly under the Central Government where it is located. The specific measures therefor shall be formulated by the competent health department of the State Council.

Chapter IV Legal Liability

Article 25 Where the provisions of these Regulations are violated under any of the following circumstances and a crime is thus constituted, criminal liability shall be investigated for in accordance with law:

(1) removal of a citizen’s living organ without his consent;

(2) removal of an organ from the cadaver of a citizen who has, during his lifetime, expressed an objection to the donation of his organ; or

(3) removal of a living organ from a citizen who has not reached the age of 18.

Article 26 Where, in violation of the provisions of these Regulations, trade in human organs or any activity related to such trade is conducted, the competent health department of the local people’s government at or above the level of a city divided into districts shall, in accordance with its functions and duties, confiscate illegal income and impose a fine of not less than eight times but not more than ten times the volume of trade conducted. If a medical institution participates in the aforesaid activity, the person in charge with accountability and other persons with competent accountability shall be given a sanction in accordance with law, the registration department shall cancel registration of its clinical department related to human organ transplantation and, within three years, the medical institution may not apply for registration of a clinical department related to human organ transplantation. If any of medical personnel participates in the aforesaid activity, his practice certificate shall be revoked by the department that issued the certificate.

Where a State functionary participates in the trade in human organs or any activity related to such trade, the relevant State organ shall, in accordance with its functions and powers, remove him from office or discharge him from public employment by way of a sanction in accordance with law.

Article 27 Where a medical institution engages in human organ transplantation without registering a clinical department related to human organ transplantation, it shall be penalized in accordance with the provisions of the Regulations on Administration of Medical Institutions.

Where a medical institution performing a human organ transplantation operation and its medical personnel, in violation of the provisions of these Regulations, fail to carry out a medical examination on the donor of a human organ or to take measures, thus resulting in transmission of disease to the recipient due to a human organ transplantation operation, they shall be penalized in accordance with the provisions of the Regulations on Handling Medical Accidents.

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Link: China's Central Government / World Health Organization / United Nations Population Fund / UNICEF in China

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