Regulations on Human Organ Transplantation

Updated: 2014-06-05

Article 19 Before removing a living organ, the medical institution engaged in human organ transplantation and its medical personnel shall fulfill the following duties:

(1) inform the donor of the risks of the operation, matters needing attention after the operation, possible complications and preventive measures therefor, and sign an instrument of informed consent with the donor;

(2) examine the written consent given by the donor to the donation of his organ and the materials proving that the donor and the recipient have a relationship prescribed in Article 10 of these Regulations; and

(3) confirm that the normal physical functions of the donor will not be impaired except for the direct effect from the removal of the organ.

The medical institution engaged in human organ transplantation shall keep the medical records of the donors of living organs and offer the donors medical follow up.

Article 20 The removal of an organ from a deceased donor can only be conducted after the donor has been determined dead in accordance with law. The medical personnel engaged in human organ transplantation may not participate in determining the death of a donor.

A medical institution engaged in human organ transplantation and its medical personnel shall respect the dignity of the deceased; the cadaver from which an organ has been removed shall be medically treated in an ethical manner and restored to its original appearance except for the organ removed for transplantation.

Article 21 A medical institution engaged in human organ transplantation, which performs a human organ transplantation operation, may not charge the recipient for the transplanted organ or do so in a disguised form, except for the fees as follows:

(1) operation fees for the removal and implantation of the human organ;

(2) fees for the preservation and transport of the human organ; and

(3) fees incurred by medicines, tests and medical materials consumed for the removal and implantation of the human organ.

The charging rates for the fees prescribed in the preceding paragraph shall be set in accordance with the relevant provisions of laws and administrative regulations and made public.

Article 22 The order of the patients applying for human organ transplantation operations shall be arranged in conformity with medical needs and in adherence to the principles of fairness, impartiality and openness. The specific measures therefor shall be formulated by the competent health department of the State Council.

Article 23 The medical personnel engaged in human organ transplantation shall maintain confidentiality of the personal information of the donors and recipients as well as the patients applying for human organ transplantation operations.