Govt. brings new law to ‘harvest’ human organs

Dec 17, 2021 News

Kaieteur News – The Guyana Government is preparing to promulgate laws to regulate and manage the harvesting of human organs for transplant and other purposes and for the setting up of an agency in keeping with the proposed legislation.

Caption: Minister of Health, Dr. Frank Christopher Stanislaus Anthony

The Bill was presented to the House yesterday for the first reading by Minister of Health, Dr. Frank Anthony. If passed, the Bill, which would then become an Act of Law, will then make provisions for the “donation and removal of human organs, tissues, cells and bio fluids for transplantation and blood for transfusion…” This is in order to provide for their use “for regenerative medicine including cell therapy, gene therapy and stem cell therapy and other therapeutic purposes, for medical education and for scientific research purposes including stem cell research, cell plant research and cell line research, and for connected matters.”

If instituted, the Human Organ and Tissue Transplant Bill 2021, will seek to establish a national organisation for human organ, tissue, cell and bio fluid donation and transplantation.
That agency is expected to not only facilitate but will coordinate the process for transplantation in addition to implementing the process to be involved utilising designated officers and hospitals. The proposed law will empower the subject minister to issue directives considered necessary or to give expedience.

The legislation will also provide for the Agency, with the approval of the Minister, collaborate with counterpart organisations in the Caribbean Community (CARICOM) or other counterpart international organisations for the exchange of organs, tissues, cells, bio fluids, information and the sharing of information.

Additionally, the legislation provides that the Minister will establish an advisory board comprising local and international expertise for advising the Minister on matters necessary for the successful implementation of the obligations under the new law.
The legislation also contemplates the establishment of an official registry in order to give effect to the demands of the legislation.
As it relates to the use of medical facilities such as hospitals, the legislation directs that the Minister may by Order, designate any hospital, healthcare provider or laboratory necessary to meet the obligations spelled out under the proposed law.
With regard the designation of officers to carry out certain function under the laws, it was noted that the Chief Medical Officer or the Director of Medical Services shall submit nominations to the Minister, who having been satisfied, shall make the appointments for the designated hospitals concerned.
The legislation will provide for donors to provide consent for the harvesting of their organs, to be done by the designated officers.

In order to provide consent, it noted that the individual must be an adult of sound mind and in light of medical advice agrees with the removal of organs. With regard to a minor, the proposed legislation outlines that an Independent Assessment Committee will be responsible for oversight for this category of donors, subject to the approval of a parent or guardian. The proposed legislation will cater for the conditions under which donations can be made while alive or dead. Essentially, the Bill, as proposed by the Minister of Health for the donation and removal of human organs, tissues, cells and bio fluids for transplantation and blood transfusion, and their use in regenerative medicine and other therapeutic purposes, medical education and scientific research purposes.