Transplantation in the Code of Medical Ethics – discussion from the legal perspective Cover Image

Transplantacja w Kodeksie etyki lekarskiej – rozważania prawne
Transplantation in the Code of Medical Ethics – discussion from the legal perspective

Author(s): Jolanta Pacian
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Human Rights and Humanitarian Law
Published by: Naczelna Izba Lekarska
Keywords: Code of Medical Ethics;transplantation;

Summary/Abstract: The aim of the paper is to discuss regulations concerning ex vivo and ex mortuo transplantation, contained in the Code of Medical Ethics.Pursuant to the Code of Medical Ethics and Articles 9 and 9a of the Act of 01.07.2005 on collecting,storing and transplanting of cells, tissue and organs, ex mortuo transplantation can becarried out after confirmation of permanent and irreversible cessation of brain activity (braindeath) or irreversible cessation of blood circulation. On the other hand, ex vivo transplantationcan be carried out when the following conditions are obligatorily fulfilled. Firstly, transplantrecipients can be: a relative in lineal consanguinity, a sibling, an adopted person, a spouse oranother person if this is justified by particular personal reasons. In order to carry out transplantationfor an unrelated person, it is necessary to have permission of a district court competent interms of permanent or temporary residence of the donor. The proceedings before this court havea non-litigious character: the court hears the applicant’s statement and gets acquainted with theopinion of the Ethics Commission at the National Transplantation Council. Secondly, bone marrowand other regenerating cells or tissue can also be taken when another person is the recipient.Thirdly, bone marrow or hemopoietic cells of peripheral blood can be collected from a juvenileperson without full legal capacity to act, by consent of his or her legal representative, with permissionof the Guardianship Court competent in terms of residence of the prospective donor.

  • Issue Year: 6/2014
  • Issue No: 6
  • Page Range: 31-38
  • Page Count: 8
  • Language: Polish