Transplantation Act (Switzerland)
| Basic data | |
|---|---|
| Title: | Federal law on the transplantation of organs, tissues and cells |
| Short title: | Transplant Act |
| Type: | Federal law |
| Scope: | Switzerland |
| Legal matter: | State law, health - work - social security |
|
Systematic legal collection (SR) : |
810.21 |
| Original version from: | October 8, 2004 |
| Entry into force on: | July 1, 2007 |
| Please note the note on the applicable legal version. | |
The Transplantation Act , based on Article 119a of the Federal Constitution , regulates the transplantation of organs , tissues and cells in Switzerland . It was passed by the Swiss Parliament on October 8, 2004 . When the law came into force, the previous legal fragmentation in the field of transplant medicine in Switzerland was replaced by uniform and comprehensive legislation.
Basic statements of the law
The main features of the Transplantation Act can be summarized as follows:
- The donation of human organs, tissues and cells is free of charge; organ trafficking is prohibited.
- The extended consent solution applies to the removal of organs, tissues or cells from deceased persons. Accordingly, the consent of the donor is a prerequisite for a legally valid donation. If this person has not expressed their will, the consent of the next of kin is required.
- When it comes to the criterion of death, the so-called “ brain death ” concept applies , according to which a person is dead when the functions of his entire brain have failed irreversibly.
- The living donation of organs, tissues and cells is permitted, whereby a family relationship or a particularly close emotional bond between the donor and the recipient is not assumed.
- The primary objective in the allocation of organs is justice. Nobody should be discriminated against. The decisive criteria are the medical urgency and the medical benefit of a transplant, equal opportunities and the waiting time. The allocation is made by a national allocation office (→ Swisstransplant ).
- The Swiss Federal Council (government) has the authority to limit the number of transplant centers .
- The transplantation of embryonic or fetal human tissue or cells as well as xenotransplantation are only possible with a permit from the Federal Office of Public Health (FOPH).
The Transplantation Act comprises five implementing ordinances:
- Transplant Ordinance
- Organ Allocation Ordinance
- Organ Allocation Ordinance EDI
- Xenotransplant Ordinance
- Transplant Fee Ordinance
Web links
- Text of the Transplant Act
- Information portal of the Federal Office of Public Health on transplant medicine
- Page no longer available , search in web archives: More information about the Swiss TPG
literature
- Marco Andrea Frei, "The extended consent solution according to Art. 8 Transplantation Act", Zurich, Schulthess Verlag, 2012, ISBN 978-3-7255-6708-9