|
|
|
Principles governing organ and tissue and cell donation
|
| |
12. (1) Subject to subsection (3), any donation of an organ or tissues and cells from a deceased or living donor shall be voluntary and unpaid and any financial compensation or other like reward given in respect of a donation of an organ or tissues and cells shall render any consent provided null and void.
|
|
| |
(2) A person shall not act as a broker or advertise the need for, or availability of, an organ or tissues and cells in respect of potential donation of such organ or tissues and cells for the purpose of offering or seeking any financial compensation or other non financial inducements.
|
|
| |
(3) A living donor may, subject to any regulations under subsection (4), receive financial compensation in relation to the donation of an organ or tissues and cells, provided such compensation is strictly limited to making good the reasonable expenses related to the donation.
|
|
| |
(4) The Minister may prescribe by regulations the conditions under which compensation may be granted in accordance with subsection (3), and such conditions shall ensure that there is no financial incentive or benefit to the donor in relation to the donation of an organ or tissues and cells.
|
|
| |
(5) Notwithstanding the generality of subsection (4), regulations under that subsection may specify an upper limit in respect of the total amount of compensation payable to a living donor, and an upper limit payable in respect of any of the matters specified in paragraphs (a) to (e) of subsection (10).
|
|
| |
(6) Before making regulations under subsection (4), the Minister shall consult such persons as he or she considers appropriate including all or any of the following:
|
|
| |
(a) the Executive;
|
|
| |
(b) the Authority;
|
|
| |
(c) a transplantation centre;
|
|
| |
(d) a tissue establishment;
|
|
| |
(e) any relevant patient advocacy group.
|
|
| |
(7) Subject to subsection (8), the procurement of any organ or tissues and cells by a procurement organisation, tissue establishment or importing tissue establishment shall be carried out on a non-profit basis.
|
|
| |
(8) Nothing in subsection (7) shall be construed as prohibiting a procurement organisation, a tissue establishment or importing tissue establishment from charging reasonable fees to cover the costs of procuring, retrieving, storing, testing or distributing human organs or tissues and cells.
|
|
| |
(9) A person who contravenes subsection (2) shall be guilty of an offence.
|
|
| |
(10) In this section, “reasonable expenses” means, in relation to a living donor, the amount required to compensate a donor for—
|
|
| |
(a) travel costs,
|
|
| |
(b) accommodation costs,
|
|
| |
(c) childcare costs,
|
|
| |
(d) medical expenses (including the costs of medical certificates), and
|
|
| |
(e) loss of income,
|
|
| |
reasonably incurred by him or her in relation to the provision of the organ or tissue and cells, as the case may be, calculated in accordance with regulations under subsection (4).
|
