BEIJING, April 6 (Xinhua) -- China on Friday issued
its first regulation on human organ transplants, banning organizations and
individuals from trading human organs in any form.
Any doctor found to be involved in human organ trade
will have their practitioner licence revoked. Clinics will be suspended from
doing organ transplant operations for at least three years. Fines are set at
between eight to ten times the value of the outlawed trade, the new rules said.
Officials convicted of trading in human organs will
be sacked and kicked out of government.
The regulation, issued by the State Council, or
China's cabinet, will go into effect on May 1.
China has carried out organ transplants for more than
20 years and is the world's second largest performer of transplants after the
United States, with about 5,000 transplants completed each year. However, the
absence of laws and regulations concerning organ transplants has negatively
impacted practice, critics say.
Most organs are donated by ordinary Chinese at death
after the voluntary signing of a donation agreement.
But the country faces a huge gap between the demand
for functional organs and supply with donations very limited. About 1.5 million
patients need organ transplants each year, but only 10,000 can find organs,
according to statistics from the Health Ministry.
The regulation stipulates that human organ
transplants should respect the principle of voluntary and free donation and
makes it a crime to harvest organs without the owner's permission or against his
will.
People taking organs from anyone under the age of 18
will also face prosecution and can be convicted of murder or intentional
assault, according to an official with the Health Ministry interpreting the
regulation to the media on Friday.
Human organ transplants are defined as the process of
taking a human organ or part of a human organ -- such as the heart, lung, liver,
kidney and pancreas -- from a donor and transplanting it into a patient's body
to replace their sick or damaged organ.
The regulation does not apply to transplants of human
tissue, such as cells, cornea and marrow.
The regulation comprises 32 articles in five
chapters, including human organ donations, human organ transplants, legal
responsibilities and supplementary points. It covers transplant quality and aims
to safeguard citizen's lawful rights.
It decrees strict supervision and control for the few
medical institutions that are allowed to perform organ transplants, and sets
rules to standardize procedures so as to prevent potential human rights abuses.
According to the new rules, every transplant must be
approved by an ethics committee set up in the medical institution. A designated
mechanism will ensure that medical institutions are competent. Unqualified
institutions will be ordered to exit the market.
"This is the first regulation of its kind introduced
by the central government, and it is a milestone in the country's organ
transplant history," said Huang Jiefu, vice health minister, adding that the
regulation is in line with international standards of medical ethics and the
World Health Organization's guiding principles on the issue.
Last year, the country's organ transplant sector was
accused by overseas media of using transplanted organs from executed prisoners,
who were not necessarily voluntary donors. The accusations were denied by
officials.
Ni Shouming, a spokesman for China's Supreme People's
Court, emphasized that organs of executed prisoners were used for transplants
only when the death inmates had voluntarily expressed their intention to donate
their organs, or their families had given consent to such usage.
"The donation procedure for ordinary people and for
those who sit on death row is the same," Ni said.
Prisoners should have voluntarily expressed the wish
to donate their organs and signed the necessary documents before they die, or
their families should have given consent to such usage. Donations went through a
strict examination and approval process by judicial departments, court officials
said.