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LETTER TO EDITOR
Year : 2020  |  Volume : 14  |  Issue : 2  |  Page : 187

Transplantation of human organs and tissues act-simplified


National Organ and Tissue Transplant Organisation, Safdarjung Hospital; Department of Surgery, Vardhman Mahavir Medical College, New Delhi, India

Date of Submission15-Jan-2020
Date of Acceptance18-Jun-2020
Date of Web Publication06-Jul-2020

Correspondence Address:
Dr. Vasanthi R
National Organ and Tissue Transplant Organisation, Vardhman Mahavir Medical College and Safdarjung Hospital, New Delhi - 110 029
India
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Source of Support: None, Conflict of Interest: None


DOI: 10.4103/ijot.ijot_3_20

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How to cite this article:
Vasanthi R. Transplantation of human organs and tissues act-simplified. Indian J Transplant 2020;14:187

How to cite this URL:
Vasanthi R. Transplantation of human organs and tissues act-simplified. Indian J Transplant [serial online] 2020 [cited 2020 Aug 5];14:187. Available from: http://www.ijtonline.in/text.asp?2020/14/2/187/289037



I read with interest the review article by Dr. Manisha Sahay, which attempted to simplify the Transplantation of Human Organs and Tissues Act for its readers. The article is likely to be read widely by students and practitioners. With the key words “legal aspects,” it would be appropriate to place the act in proper perspective to avoid misinterpretation. It is pertinent to note that the brain death certification is done by a panel of four doctors, none of whom can be a resident doctor. As per the Transplantation of Human Organs and Tissues Act, 1994, section 3, subsection 6,[1] brain stem death is to be certified, in such form and in such manner and on satisfaction of such conditions and requirements as may be prescribed, by a board of medical experts consisting of the following, namely

  1. The registered medical practitioner (RMP), in charge of the hospital in which brain stem death has occurred – indicated as “administrator” in the said article
  2. An independent RMP, being a specialist (not a resident as quoted in the article), to be nominated by the RMP specified in clause (i) from the panel of names approved by the appropriate authority
  3. A neurologist or a neurosurgeon to be nominated by the RMP specified in clause (i), from the panel of names approved by the appropriate authority, provided that where a neurologist or a neurosurgeon is not available, the RMP may nominate an independent RMP being a surgeon or a physician and an anesthetist or intensivist subject to the condition that they are not members of the transplantation team for the concerned recipient and to such conditions as may be prescribed significant to note that it is only when a neurologist or neurosurgeon is not available can a surgeon/physician/anesthetist/intensivist certify in place of a neurologist or neurosurgeon and also subject to the condition that he/she is not a member of the transplant team for the concerned recipient
  4. The RMP treating the person whose brain stem death has occurred.


The article being published recently, it is important to note that the Medical Council of India [2],[3] curriculum of 2019 has incorporated in its module discussion on organ transplantation, along with the medicolegal and ethical conflicts in organ transplantation. The competency of the student to become an Indian medical graduate would be assessed formatively on his/her ability to identify and discuss medicolegal, socioeconomic, and ethical issues as it pertains to organ donation.

Financial support and sponsorship

Nil.

Conflicts of interest

There are no conflicts of interest.



 
  References Top

1.
Available from: https://www.notto.gov.in/WriteReadData/Portal/images/THOA-amendment-2011.pdfNOTTO. [Last accessed on 2019 Dec 30].  Back to cited text no. 1
    
2.
Available from: http://mciindia.org/CMS/wp-content/upload/2019/01/AETCOM_book.pdf. [last accessed on 2020 Jan 14].  Back to cited text no. 2
    
3.
Available from: https://www.mciindia.org/CMS/wp-content/uploads/2019/01/AETCOM_book.pdf. [last accessed on 2020 Jan 14].  Back to cited text no. 3
    




 

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