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Regulations on Human Organ Transplantation

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Updated: 2014-06-05

Where any of the medical personnel engaged in human organ transplantation, in violation of the provisions of these Regulations, divulges the personal information of a donor or recipient of a human organ, or of a patient who applies for a human organ transplantation operation, he shall be penalized in accordance with the Law on Licensed Doctors or the relevant provisions of the State on administration of nurses.

Where any damage is caused to another person for violation of the provisions of these Regulations, civil liability shall be assumed in accordance with law.

Where any fees are charged in violation of the provisions of Article 21 of these Regulations, a penalty shall be imposed in accordance with the provisions of the laws and administrative regulations on pricing.

Article 28 Where any of medical personnel is found in any of the following circumstances, he shall be given a sanction in accordance with law; if the circumstances are serious, the competent health department of the local people’s government at or above the county level shall suspend his practice of medicine for a period of not less than six months but not more than one year in accordance with its functions and duties; and if the circumstances are especially serious, his practice certificate shall be revoked by the department that issued the certificate:

(1) removing a human organ without consent given upon examination by the committee on clinical application and ethics of human organ transplantation;

(2) failing to fulfill the duties of information, examination and confirmation in accordance with the provisions of Article 19 of these Regulations before removing a living organ; or

(3) failing to medically treat a cadaver in an ethical manner after removing an organ therefrom and to restore it to its original appearance.

Article 29 Where a medical institution is found in any of the following circumstances, the person in charge with accountability and other persons with competent accountability shall be given a sanction in accordance with law; if the circumstances are serious, the registration department shall cancel registration of its clinical department related to human organ transplantation and the medical institution may not apply for registration of a clinical department related to human organ transplantation within three years:

(1) continuing to engage in human organ transplantation when it no longer meets the conditions prescribed in Article 11 of these Regulations;

(2) making a decision on removing a human organ without consent given upon examination by the committee on clinical application and ethics of human organ transplantation, or coercing its medical personnel into removing a human organ in violation of the provisions of these Regulations; or

(3) in the circumstances prescribed in subparagraph (2) or (3) of Article 28 of these Regulations.

Where a medical institution fails to report, at regular intervals, 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 said department shall order it to make corrections within a specified time limit; if no correction is made within the specified time limit, the person in charge with accountability and other persons with competent accountability shall be given a sanction in accordance with law.

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

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