Human Organ Transplantation Act

HUMAN ORGAN TRANSPLANTATION
ACT & AMMENDMENTS

Transplant – Legal Framework in India
• 1983: The Kidney Transplantation Act – Maharashtra
• 1991: The Singhvi Committee – Brain Death
• 1994: Transplantation of Human Organs Act
• 1995: Transplantation of Human Organs Rules
• 2008: Transplantation of Human Organs (Amendment) Rules
• 2011: Transplantation of Human Organs (Amendment) Act
• 2014: Transplantation of Human Organs & Tissues Rules
• 2015: National Organ & Tissue Transplant Registry launched
THE TRANSPLANTATION OF HUMAN ORGANS
ACT, 1994 [THOA]
• Aim –
– regulation of removal, storage, and transplantation of human organs
for therapeutic purposes
– prevention of commercial dealings in human organs
• Major Problem
– Brainstem death not recognized by the Indian law
– Rampant Trade of human organs, esp. Kidney
• Based on the report of the Singhvi Committee 1991

– Conceptualized the legal framework of brain-death
– Methodized legal utilization of organs for transplantation

• Authorization in written by ≥18yr with two witnesses of
whom one must be near relative.
• Board of four Medical-experts to certify Brain-death
– RMP in-charge of the concerned hospital
– A member of a panel approved by the Appropriate Authority
– A Neurologist / Neurosurgeon
– The Attending Physician
• Live donor Transplant

– Near relative – Spouse or 1st degree relatives
– Approval from Authorization Committee for all except near relative
• Cadaveric donor – consent of near relative

Major Changes in 2011 Amendment THOTA
• Tissues included along with the Organs.

• Near relative definition expanded to include grandchildren, &
grandparents.
• Retrieval Centre registration for retrieval of organs from
deceased donors.
• Tissue Banks also to be registered.
• Swap Donation included.
• Mandatory inquiry from the attendants of potential donors.
• Mandatory “Transplant Coordinator” in all the hospitals
registered under this act.
• Higher Penalties for trading in organs.
• Brain death certification board expansion – to include
Physicians, Surgeons, Anesthetists or Intensivists.
• National human organs & tissues removal & storage Network
and National Registry for Transplant are to be established.
• Advisory committee to aid and advise Appropriate Authority.
• Enucleation of corneas permitted by a trained technician.
• Greater caution in case of minors and foreign nationals
• prohibition of organ donation from mentally challenged.
Regulatory Bodies
• Advisory committee – To assisst appropriate authority
– administrative expert (Secretary to the State Govt.) – Chairperson
– Two PG medical experts with ≥5y experience in transplant
• State-level Authorization Committee –

– CMO of major Govt. Hospt. – Chairperson
– Two senior RMP’s not part of any transplant team
– Secretary of health or nominee & Director health services or nominee
– Two senior persons of high integrity, credibility, & social standing
• Hospital Authorization committee –

– Hospitals which do >25 transplants per year.
Types of Donors
Living Donors
1. Near-related donors – Evidence of relation to be attached.
2. Swap donation –
– Donor & Recipient pair of each family should be near related.
– Donation should be simultaneous to there is no donor reneging.
3. Other than near-related donors –

– Possibility of monetary transaction.
– Permission granted by authorization committee after evaluation –
• Link between donor & recipient with documentary evidence.
• No e/o Financial transaction / Middleman / drug-addict donor.
• Foreign donors – all cases dealt by authorization committee
– Indian donor & Foreign recipient and vice –versa – only near relative
– Foreign donor & recipient – confirmation from embassy
Deceased Donors
• consent of near-relative or person in lawful possession of the

body required.
• mandatory to enquire of pledged organs or option to donate.
• MLC – acceptable but ensure that, determination of the cause

of death is not jeopardized
Priority of Recipient
1. No suitable near-relative living donor
2. Suitable near-relative donor refused in writing
3. Suitable donor did not officially refuse.
4. Allocation in following order
1) State List
2) Regional List
3) National List
4) Person of Indian origin
5) Foreigner
Hospital Registration
• 24hr availability of –
– Medical, Surgical & Nursing staff
– ICU units with equipments & staff
– Operation theater, Blood-bank, & Laboratory services
– HLA lab
– Experts of specialties
• Expertise in each organ transplant clearly defined
• maintenance of minimum standards of hospital as per the

Clinical Establishment Act 2010.
• Valid for 5 years

NOTP: National Organ Transplant Programme
• Implemented by DGHS, MOHFW, GOI to enforce THOTA-2011

• Aim – improve access to transplantation by promoting
deceased organ donation
• Objectives –
– Organize a system of Organ and Tissue procurement & distribution.
– Promote deceased Organ and Tissue donation.
– Train required manpower.
– Protect vulnerable poor from organ-trafficking.
– Monitor transplant services and bring policy changes as needed.

Issues and Challenges
• High Demand versus Supply gap.
• Poor Infrastructure esp. in Govt. Sector Hospitals.
• Lack of Awareness of concept of Brain Stem Death.
• Poor rate of Brain Stem Death Certification by Hospitals.
• Poor Awareness and attitude towards organ donation.
• Lack of Organized systems for organ procurement.
• Maintenance of Standards in Transplantation, Retrieval and Tissue
Banking
• Prevention and Control of Organ trading
• High Cost (especially for uninsured and poor patients)
• Regulation of Non- Govt. Sector
NOTP achievements
• National Organ and Tissue Transplant Organization (NOTTO)
– Establishment of an apex national level organization – NOTTO.
– Functional website (www.notto.nic.in) & helpline number 1800114770.
– Policy for Organ allocation in case of kidney – finalized and approved.
– SOPs for Brain-dead Donor maintenance & Organ retrieval developed.
• Online system of registry and networking

– Online and offline organ donation pledging operationalized.
– Online registration & networking of Transplant hospitals
– National collection of transplant data

• Regional Networking centres
– Regional Organ and Tissue Transplant Organizations (ROTTO) – 5
– State Organ and Tissue Transplant Organizations (SOTTO)
• Awareness
– Hon’ble PM highlighted the importance of organ donation in the
Mann Ki Baat Programme Nov. 2015.
– Indian Organ Donation Day – annually since 2010 (Nov 30 – 2019)
– National Organ & Tissue Transplant Registry (NOTTR) – 27 Nov 2015
– IEC activities.
• Trainings
– Transplant Coordinator training programmes
– Post Doctoral certificate course in Dialysis Medicine through IGNOU
• Financial assistance
– 100 BPL transplant recipients/y – Rs.6000/m for immunosuppressants
– maintenance Rs.50000/ per deceased donor in a private hospital when

organ is allocated to a Govt. institution.
– providing transplant coordinators at Govt. Medical Colleges, Trauma
Centers and good performing Private Institutions.
National Human Organs and Tissues Removal and
Storage Network
National Organ and Tissue Transplant
Organization (NOTTO)
• National level organization set up under the aegis of NOTP
• Located at Safdarjung Hospital New Delhi
• It has two divisions –
– National Human Organ and Tissue Removal and Storage Network –
apex centre for All India activities of coordination and networking for
procurement & distribution of Organs & Tissues and Registry of
Donations & Transplantations.
– National Biomaterial Centre (National Tissue Bank) – National level
Tissue Bank for procurement, storage and distribution of biomaterials.
National Human Organ & Tissue Removal & Storage
Network
• Functions at National level –
– Lay down policy guidelines and protocols.
– Network with ROTTO & SOTTO organizations.
– Compile & publish all Registry data from Regions & States.
– Creating awareness, promotion of organ donation.
– Co-ordination when organ is allocated outside the region.
– Monitoring of transplantation activities in the Regions and States.
• Functions for Delhi-NCR

– Maintaining Waiting-list & matching of recipients with donors.
– Networking with transplant centres, retrieval centres & tissue banks.
– Allocation, Transportation, Storage & Distribution within DelhI-NCR.

National Biomaterial Centre
• National level Tissue Bank –

– Bone, Bone products & Fascia
– Skin graft
– Cornea
– Heart valves and vessels
• Functions –
– Development of Guidelines, Protocols & SOPs.
– Coordination for tissue procurement and distribution.
– Tissue Screening, Sterilization, Preservation, & Quality control.
– Records maintenance, Data Protection and Confidentiality.

THANK YOU
Dr M. Mohan Rao – CMC Vellore 1955 Batch

1st successful renal transplant in India – Feb 02, 1971, at CMC Vellore

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HUMAN ORGAN TRANSPLANTATION

ACT & AMMENDMENTS

– Rampant Trade of human organs, esp. Kidney

• Based on the report of the Singhvi Committee 1991

– Methodized legal utilization of organs for transplantation

– A member of a panel approved by the Appropriate Authority

– The Attending Physician

• Live donor Transplant

– Approval from Authorization Committee for all except near relative

• Cadaveric donor – consent of near relative

• Tissues included along with the Organs.

– Two PG medical experts with ≥5y experience in transplant

• State-level Authorization Committee –

– Two senior RMP’s not part of any transplant team

– Secretary of health or nominee & Director health services or nominee

– Two senior persons of high integrity, credibility, & social standing

• Hospital Authorization committee –

– Donation should be simultaneous to there is no donor reneging.

3. Other than near-related donors –

– Foreign donor & recipient – confirmation from embassy

• consent of near-relative or person in lawful possession of the

• mandatory to enquire of pledged organs or option to donate.

• MLC – acceptable but ensure that, determination of the cause

4) Person of Indian origin

– ICU units with equipments & staff

– Operation theater, Blood-bank, & Laboratory services

• Expertise in each organ transplant clearly defined

• maintenance of minimum standards of hospital as per the

• Valid for 5 years

• Implemented by DGHS, MOHFW, GOI to enforce THOTA-2011

– Promote deceased Organ and Tissue donation.

– Train required manpower.

– Protect vulnerable poor from organ-trafficking.

– Monitor transplant services and bring policy changes as needed.

– Functional website (www.notto.nic.in) & helpline number 1800114770.

– Policy for Organ allocation in case of kidney – finalized and approved.

– SOPs for Brain-dead Donor maintenance & Organ retrieval developed.

• Online system of registry and networking

– Online registration & networking of Transplant hospitals

– National collection of transplant data

– National Organ & Tissue Transplant Registry (NOTTR) – 27 Nov 2015

– maintenance Rs.50000/ per deceased donor in a private hospital when

– Network with ROTTO & SOTTO organizations.

– Creating awareness, promotion of organ donation.

– Co-ordination when organ is allocated outside the region.

– Monitoring of transplantation activities in the Regions and States.

• Functions for Delhi-NCR

– Networking with transplant centres, retrieval centres & tissue banks.

– Allocation, Transportation, Storage & Distribution within DelhI-NCR.

• National level Tissue Bank –

– Heart valves and vessels

– Coordination for tissue procurement and distribution.

– Tissue Screening, Sterilization, Preservation, & Quality control.

– Records maintenance, Data Protection and Confidentiality.

Dr M. Mohan Rao – CMC Vellore 1955 Batch

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