Act No. 97 / 2019 Coll.
Act amending Act No. 285 / 2002 Coll., on Donation, Collection and Transplantation of Tissue and Organ and on the Amendment of Certain Laws (Transplant Act)
Valid
Law
Effective from 01.05.2019
Text versions:
01.05.2019
09.04.2019
97
THE LAW
of 20 March 2019
amending Act No. 285 / 2002 Coll., on the Donation, Collection and Transplantation of Tissue and Organ and on the Amendment of Certain Laws (Transplant Act)
Parliament has decided on this law of the Czech Republic:
Change of transplant law
Act No. 285 / 2002 Coll., on the donation, collection and transplantation of tissues and organs and on the amendment of certain laws (Transplant Act), as amended by Act No. 228 / 2005 Coll., Act No. 129 / 2008 Coll., Act No. 296 / 2008 Coll., Act No. 41 / 2009 Coll., Act No. 281 / 2009 Coll., Act No. 375 / 2011 Coll., Act No. 44 / 2013 Coll., Act No. 100 / 2017 Coll., Act No. 183 / 2017 Coll., and Act No. 202 / 2017 Coll., is amended as follows:
1. Paragraph 10a (2) and (3) read:
"(2) If there is a stranger who does not hold a donor card and who can be expected to collect tissues or organs under this law, the health service provider shall ask a person close to a stranger if he is aware that:
(a) Alien
1. did not express the will to oppose post-mortem tissue or organ sampling; or
2. agree to the donation of tissues or organs, if the principle of presumed opposition is applied in the State of which he is a citizen; and
(b) agree to the postmortem collection of tissues and organs from a stranger.
(3) If, in accordance with the procedure laid down in paragraph 2, a health service provider finds that a removal from a stranger may be carried out, it shall also ensure that the obligation under Article 15 (1) is fulfilled. ';
2. In Paragraph 10a, the following paragraphs 4 to 6 are inserted after paragraph 3:
"(4) If the health service provider cannot make a query pursuant to paragraph 2 directly to a person close to a stranger referred to in paragraph 2, it shall, on its initiative, identify the Coordination Centre of Transplants
(a) with the competent authority of the State of which the alien is a citizen, the information referred to in paragraph 2 (a); and
(b) at the diplomatic mission or consular post of the State of which the alien is a citizen, contact with a person close to a stranger.
The coordination centre of transplantation shall immediately transmit contact to a person close to and identified information to the health service provider.
(5) Where the facts established in accordance with paragraph 4 (a) permit the removal from a stranger, the provider of health services shall establish with a person close to a stranger whether he agrees to the post-mortem collection of tissues and organs from that stranger and, in the case of consent, ensure that the obligation under Article 15 (1) is fulfilled.
(6) The statement of close proximity and the information from the competent authority of the State of which the alien is a citizen shall be recorded in the medical file of the alien in accordance with paragraph 4 (a). ';
Paragraph 4 shall become paragraph 7.
3. In Paragraph 10a (7), the words "paragraphs 4 and 5 or" shall be inserted after the words "paragraph 2 or" and the words "paragraph 2" shall be inserted after the word "alien."
Efficacy
That law shall take effect on the first day of the calendar month following its publication.
Vondracek v. r.
Zeman v. r.
Babiš v. r.
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Regulation Information
| Citation | Act No. 97 / 2019 Coll., amending Act No. 285 / 2002 Coll., on Donation, Collection and Transplantation of Tissue and Organ and on the Amendment of Certain Laws (Transplant Act) |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.04.2019 |
|---|---|
| Effective from | 01.05.2019 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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