Organ Transplantation Act
| Basic data | |
|---|---|
| Title: | Organ Transplantation Act |
| Long title: | Federal law on the transplantation of human organs |
| Abbreviation: | OTPG |
| Type: | Federal law or regulation |
| Scope: | Republic of Austria |
| Legal matter: | Medical law |
| Reference: | BGBl. I No. 108/2012 |
| Date of law: | December 13, 2012 |
| Legal text: | Text of the law |
| Please note the note on the applicable legal version ! | |
In contrast to Germany and Switzerland , the transplant law in Austria was not regulated in an independent law for a long time, but in the federal law on hospitals and health resorts (KAKuG), there in the 7th main part in §§ 62a to 62c. However, since December 13, 2012, Austria has also had its own Organ Transplantation Act (OTPG), which in particular had to take EU directives into account. Due to this law, the KAKuG had to be adapted accordingly.
The essential provision, which - like the KAKuG in the version from 1982 - contains the so-called contradiction solution, is § 5 (1) OTPG: It is permissible to remove individual organs from deceased in order to transplant the life of another person save or restore health. [...] The removal is inadmissible if the doctors have a declaration with which the deceased or, before their death, their legal representative has expressly refused an organ donation . [...] The removal must not lead to a disfigurement of the corpse that would injure piety .