NOVEMBER 20, 2009 PIB PRESS RELEASE

Ministry of Health and Family Welfare

Amendments in Transplantation of Human organ Act, 1994

Lok Sabha

The broad areas involving amendments to the Act are:

1. To rename the Act as the “Transplantation of Human Organs and Tissues Act”;
2. To expand the definition of the term ‘near relatives’ to include grandparents and grandchildren;
3. To provide for the enucleation of corneas by a trained technician;
4. To enable a surgeon/physician and an anesthetist/intensivist to be included in the medical board in the event of non availability of a neurosurgeon/neurologist for certification of brain death;
5. To make it mandatory for the ICU/Treating Medical Staff to request relatives of brain dead patients for organ donation;
6. To provide for Swap Donations of organs;
7. To empower the Central Government to prescribe the composition of Authorisation Committees and to empower Union Territories to set up their own authorization committees;
8. To regulate the transplantation of organs for foreign nationals;
9. To prevent the exploitation of minors;
10. To provide for the establishment of Advisory Committees for Appropriate Authorities;
11. To vest in Appropriate Authorities, the power to summon persons, seek production of documents, issue search warrants etc;
12. To establish a National Organ Retrieval, Banking & Transplantation Network;
13. To provide for the development and maintenance of a national registry of the recipients of organ transplants;
14. To create the position of a ‘Transplant Coordinator’ in all hospitals registered for organ retrieval and or transplantation;
15. To provide for the registration of Non Government Organizations working in the field of organ retrieval and or transplantation in any manner whatsoever;
16. To enhance the penalties under the act; and
17. To expand the rule making powers of the Central Government.

Health is a state subject. Data regarding Organ Transplantation is not maintained centrally.

This information was given by Shri Ghulam Nabi Azad, Union Minister for Health & Family Welfare in a written reply to a question in the Lok Sabha today.