Lok Sabha Parliamentary Q & A on Organ Donation & Transplantation

GOVERNMENT OF INDIA

MINISTRY OF HEALTH AND FAMILY WELFARE

 

LOK SABHA

UNSTARRED QUESTION NO 417

ANSWERED ON 20.11.2009

 

AMENDMENTS IN TRANSPLANTATION OF HUMAN ORGAN ACT,1994

 

417.        Shri ASADUDDIN OWAISI

                MILIND MURLI DEORA

                NEERAJ SHEKHAR

                ANAND PRAKASH PARANJPE

 

Will the Minister of HEALTH AND FAMILY WELFARE be pleased to state:-

 

(a) whether the Government proposes to amend the Transplantation of Human Organ Act, 1994;

 

(b) if so, the details thereof;

 

(c) whether the number of donated organ is not sufficient to meet the demand in the country;

 

(d) if so, the number of patients who require organ transplant and the number of organs transplanted during the last three years and the current year;

 

(e) the total number of patients who die every year due to non-availability of timely transplantation in the country;

 

(f) whether the Government is planning to launch National Transplantation Programme to regulate organ transplants in the country; and

 

(g) if so, the details thereof?

 

ANSWER

 

THE MINISTER OF HEALTH AND FAMILY WELFARE(SHRI GHULAM NABI AZAD)

 

(a): Yes.

 

(b): 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 Organisations 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.

 

(c) to (g): Health is a state subject. Data regarding Organ Transplantation is not maintained centrally.