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A new law on organ transplantation will help to continue the development of organ donation in Russia

Today our regulatory framework in this area, alas, can not be called perfect. Therefore, the medical community anticipates the adoption of a new bill, developed by the Ministry of health of Russia.


photo: Natalia Gubernatorova

The first Russian law “On transplantation of organs and (or) tissues” of 22 December 1992, n 4180-1 is a framework document (currently valid), but it is possible to develop transplantation as a kind of high-tech medical care. The issues of organ donation are regulated and other law — 323 of the Federal law “About bases of health protection of citizens”, article 47, in accordance with the provisions of which is organ donation. Transplantation of organs and tissues in Russia included in the Program of state guarantees of medical care and is paid for by budget funds.

The removal of organs and tissues is possible if there is no reason to believe that the deceased person had objected to it – the principle of the so-called presumption of consent, valid in our country. However, until now, not been regulated by the law Institute of lifetime documentary will.

It is obvious that the law always demands perfection. Changing approaches to technologies, and develop professional recommendations, adopted new international instruments, which became the basis for the development of a new draft law “On donorship of human organs and their transplantation”. “In the document divided the concept of “donation” and “transplant”, it is recommended that a system of donation and transplantation of organs, traceability of movement of donor organs through a register, monitoring the lifetime of donors and recipients, used the term “potential donor”, and more”, – says the assistant Minister of health of the Russian Federation, doctor of medical Sciences Lala Gabbasova. One of the biggest challenges facing the developers of the bill is to make it as progressive and at the same time is correct from the point of view of human rights. “The purpose of the document not only the development of organ donation in the country, but also achieving a balance of rights and interests of donors and recipients, as well as informing the population about the importance of this field of medicine. We want to make the development of organ donation, especially kidneys (the highest need) one of the priority areas of medicine. Economically more feasible patients with kidney transplant compared to dialysis. In our country have experience of monitoring such patients who, after transplantation of a donor organ create family and have children,” continues Lala Gabbasova.

Experts call the new bill is the most progressive, able to bring our transplantation to a new level. Yet, alas, despite the high level of development of medicine and the availability of world-class specialists, we can boast of the quantitative indicators in this area. In Russia today is doing only 10% of transplants of donor organs from the required number of those operations. One of the reasons — in nastorozhenno the attitude of society towards this subject.

Unfortunately, to this day, many believe in the existence of “black transplantologists”, although doctors have many times debunked this ridiculous myth. As a result, the society is wary to the concept of “organ donation”, and tens of thousands of patients awaiting kidney or liver over the years, and many of them never see the…

For a more transparent process of organ donation in the new bill provided for the organization of the coordination Center for activities related to organ donation and transplantation, and introduction to the medical facility the doctor’s office for the coordination of donation (or such obligations will be the responsibility of one of the specialists who have undergone special training).

One of the most significant innovations experts call approval of the procedure of expression of will of an adult citizen of disagreement to the removal of his organs after death for transplantation, and maintaining the Federal register of organ donors, recipients and donor organs with the use of the unified state information system in healthcare. The new draft law also defines the procedure of posthumous donorship and organ transplantation in children, which needed requested the informed consent of the parents with the subsequent registration in writing. It is important to note that children-orphans and children left without parental care, the removal of organs is prohibited.

Living donation, the law allows only the biologically related relatives, and only those who have reached 18 years of age. Lifetime donor could refuse to act their goodwill at any time, and if you still commit this act — and then have a preferential right for obtaining donor organs if they will need it, as well as medical monitoring and rehabilitation. But the so-called emotional donation (when not a blood relative willing to donate an organ), said Lyalya Gabbasova, the Russians are still ready: “On this basis, possible abuse and coercion, is the next step in the development of in vivo organ donation. To begin with, we must resolve all the issues related to posthumous donation”.

Important thing to note about organ donation in our country has been and will be carried out exclusively on a free basis.

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