Today's Edition
SAMI ABDUL RAOUF (DUBAI) - The Ministry of Health and Prevention said that anyone who removes an organ, part of it, or human tissue from a living person surreptitiously, through deception, coercion, or without the consent of the donor or their guardian or one of their relatives, shall be punished with imprisonment of no less than 10 years and a fine no less than Dh500,000 and no more than Dh2 million.
This act is considered an aggravating circumstance if it occurs on a minor or someone lacking legal capacity. The Ministry announced that anyone who sells, buys, offers, advertises, promotes the sale or purchase, mediates in selling or buying an organ, part of it, or human tissue, or finances the sale process, will be punished with imprisonment and a fine of no less than Dh100,000 and no more than Dh1 million, as per the new law No. 25 of 2023 regarding organ and tissue transplantation, which came into effect recently.
It also stated that licensed physicians who perform organ or tissue removal or transplantation outside the licensed health facilities shall be punished with imprisonment and a fine of no less than Dh100,000 and no more than Dh1 million.
Similarly, penalties apply to those who establish or operate private health facilities for organ or tissue removal or transplantation without a licence.
The Ministry pointed out that priority on the organ transplant waiting list is given to the following groups, provided that their health condition necessitates it: living donors and any of their relatives up to the fourth degree, those who have expressed a wish to donate or have willed to donate, and any of their relatives up to the fourth degree, and thirdly, the relatives of the deceased donor up to the fourth degree.
The Ministry announced that the National Programme for Organ and Tissue Donation and Transplantation is to provide therapeutic, insurance, or in-kind benefits to the aforementioned groups, with a decision to be issued by the Minister of Health and Protection after coordination with relevant health authorities.
The Ministry mentioned that it is permissible to remove and transplant non-human tissues for transplantation purposes, provided that four conditions are met: the specialist doctor must ensure that transplanting the non-human tissue is the best method for treating the patient and verify the safety of the non-human tissue intended for transplantation and its source and its freedom from diseases that may threaten the patient’s life, according to the approved technical standards.
It is also necessary to ensure the suitability of the non-human tissue with the patient’s body, and the specialist doctor must inform the patient before transplanting the non-human tissue of all the possible and confirmed health outcomes that may result from the transplant.
The executive regulation specifies the controls for implementing the provisions of this subject. The Ministry, based on the provisions of the law, has prohibited everyone, including healthcare facilities, doctors, and other healthcare workers, from nine activities.
These include selling or buying organs or their parts or human tissues by any means, receiving any compensation for them, or advertising, promoting, or brokering such activities. It is also prohibited to remove, transplant, or transfer organs or their parts or human tissues that carry genetic traits or a part thereof.
Donating an organ or part of it or human tissue is not allowed if the living donor lacks or is devoid of capacity, and the consent of their guardian or caretaker is not considered valid, without prejudice to the provisions of Article 10 of the new law on organ donation and transplantation.
