Where the proposed transplant is between
individuals who are not “near relatives”. The authorization
committee shall evaluate;-
i.
that there is no commercial transaction between the
recipient and the donor. That no payment of money or moneys worth
as referred to in the sections of the Act, has been made to the
donor or promised to be made to the donor or any other person. In
this connection, the Authorisation Committee shall take into
consideration:-
a
an explanation of the link between them and
the circumstances which led to the offer being made;
b
documentary evidence of the link e.g. proof
that they have lived together etc;
c
reasons why the donor wihses to donate; and
d
old photographs showing the donor and the
recipient together.
ii.
that there is no middleman/tout involved;
iii.
that financial status of the donor and the recipient
is probed by asking them to give appropriate evidence of their
vocation and income for the previous three financial years. Any
gross disparity between the status of the two, must be evaluated
in the backdrop of the objective of preventing commercial dealing;
iv.
that the donor is not a drug addict or a known
person with criminal record; that the next of kin of the proposed
unrelated donor is interviewed regarding awareness about his\her
intention to donate an organ, the authenticity of the link between
the donor and the recipient and the reasons for donation. Any
strong view of disagreement or objection of such kin may also be
recorded and taken note of; and
viii
When the proposed donor or the recipient or
both are foreigners:-
a senior Embassy official of the country of origin has to certify the
relationship between the donor and the recipient. Authorisation
Committee shall examine the cases of Indian donors consenting to donate
organs to a foreign national (who is a near relative), including a
foreign national of India origin, with greater caution. Such cases
should be considered rarely on case to case basis.
ix
In the course, of determining eligibility of
the applicant to donate, the applicant should be personally interview by
the Authorisation Committee and minutes of the interview should be
recorded. Such interviews with the donors should be videographed.
x
In
case where the donor is a woman greater precautions ought to be taken.
Her identity and independent consent should be confirmed by a person
other than the recipient. Any document with regard to the proof of the
residence or domicile and particulars of parentage should be relatable
to the photo identity of the applicant in order to ensure that the
documents pertain to the same person, who is the proposed donor and in
the event of any inadequate or doubtful information to this effect, the
Authorisation committee may in its discretion seek such other
information or evidence as may be expedient; and desirable in the
peculiar facts of the case.
xi
The
Authorisation Committee should state in writing its reason for
rejecting / approving the application of the proposed donor and all
approvals should be subject to the following conditions:-
i.
that the approved proposed donor would be subjected to all such medical
test as required at the relevant stages to determine his biological
capacity and compatibility to donate the organ in question.
ii.
futhter
that the psychiatrist clearance would also be mandatory to certify his
mental condition, awareness, absence of any overt or latent psychiatric
disease and ability to give free consent.
iii.
all prescribed forms have been and would be filled up by all relevant persons involved in the process of transplantation.
iv.
all interviews to be video recorded.
xii
The authorization committee shall expedite its decision making process and use its
discretion judiciously and pragmatically in all such cases where, the patient requires immediate transplantation.
xiii
Every
authorized transplantation center must have its own website. The
Authorization Committee is required to take final decision with in
24hours of holding the meeting for grant of permission of rejection for
transplant. The decision of the Authorisation committee should be
displayed on the notice board of the hospital or institution
immediately and should reflect on the website of the hospital or
institution within 24 hours of taking the decision. Apart from this,
the website of the hospital or institution must update its website
regularly in respect of the total number of the transplantations done
in that hospital or institution along with the details of each
transplantation. The same data should be accessible for compilation,
analysis and further use by respective State Governments and Central
Government.
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