The law resolving organ transplantation comes into force in the territory the United Arab Emirates in March of the next year.
The law on organ transplantation approved by the president of the UAE his Highness the sheikh Khalifa bin Zaid Al Nahayan last month will come into force in the country in March, 2017.
"The new law regulates organ and tissue transplantation of the person which will keep life and will recover the main functions when treatment is impossible" — doctor Amin Al-Amiri, the assistant to the deputy minister of health care told.
Al Amiri noted that the law provides accurate determination of a concept of death of the donor according to Islamic interpretation, this by recommendation of scientists from Saudi Arabia, Jordan, Kuwait and other Islamic countries.
The law forbids sale of human bodies, fabrics or other parts of a body for transplantation. He also forbids non-licensed advertizing and financing of procedures of transplantation.
In April results of national poll on organ transplantation were provided at the forum held in Mohammad Bin Rashid University of Medicine and Health Sciences (MBRU). They showed that in the UAE only more than 2 thousand patients expect renal transplantation. 500 respondents participated in the research conducted by MBRU, including citizens and foreigners are aged more senior than 18 years. Nearly 68% interviewed declared determination to offer bodies for transplantation in case of brain death.
Bodies which can be replaced in the UAE are hearts, a kidney, a liver, lungs, pancreases, intestines, тимус. Fabrics: bones, sinews, corneas, skin, heart valves, nerves and veins.
In the country the national center for preserving and organ and tissue transplantation will be created. Studying of cards of patients which need change, and forming of recommendations will also be included into its power.
The new law repeals the Federal law No. 15 of 1993 concerning organ transplantation of the person.
According to the law, organ donation and fabrics can be performed only by the competent legal entity. Organ transplantation from living donors is limited to family relations within the fourth degree of relationship and couples which are married within at least two years.
The law, however, doesn't forbid bone marrow transplantation of minor or incapacitated persons provided that marrow is replaced to parents, brothers and sisters or children of the donor. In this case the written consent of the trustee will be required.
People can express the decision to become donors of bodies and fabrics after death by means of the identity certificate or any other documents. They can withdraw also unconditionally the decision at any time.
For organ transplantation or tissues of the resident of the UAE who died, but I didn't register the desire to become the donor, the consent of his relative will be required. At the same time any body or fabric can't be withdrawn from a body of the dead in case of refusal.
The donor can change the decision just before removal of body, but can't require recovery of already remote body, in connection therewith the law.
The identity of the donor and the recipient shall remain in secret.
To doctors who take bodies or fabrics using force or deception, life imprisonment and a penalty in the amount of, at least, 20 million dirhams ($5,4 million) threatens if transaction leads to death or total loss of working ability of the donor.
The court can also blacklist the doctor who broke the law for a period of up to three years, having confiscated money and the medical equipment used in a crime and to close medical institution in which there was a crime, for the term of at least two months, but no more than a year. In case of further violation an institution will be closed forever
For the entities which are trading or acting as intermediaries in case of sale of any body or fabric prison term from five to seven years and a penalty at the rate from 500 thousand to 3 million dirhams is provided ($136,1 thousand - $816 thousand).
To the person who sells, buys or acts as the intermediary in case of sale of human body or fabric, the prison term and a penalty at the rate from 30 thousand to 100 thousand dirhams threatens ($8,1 - $27,2 thousand).
For the surgeons performing transplantation of body or fabric for commercial purposes imprisonment at least six months and (or) a penalty at the rate to 1 million dirhams ($272,2 thousand) is provided. Transplantation outside licensed hospitals, as well as with a prison term (at least a year) can end with the same penalty.
Imprisonment at least six months and (or) penalty at the rate to 50 thousand dirhams ($13,6 thousand) can follow disclosure of the identity of the donor or recipient.
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