Article 209. Transplantation of organs (parts of an organ) and (or) tissues (parts of tissue) and conditions for their removal Code on the Health of the People and the Healthcare System of the Republic of Kazakhstan

Home / Codes / Article 209. Transplantation of organs (parts of an organ) and (or) tissues (parts of tissue) and conditions for their removal Code on the Health of the People and the Healthcare System of the Republic of Kazakhstan

Article 209. Transplantation of organs (parts of an organ) and (or) tissues (parts of tissue) and conditions for their removal Code on the Health of the People and the Healthcare System of the Republic of Kazakhstan

1. Organ (part of an organ) and (or) tissue (part of a tissue) transplantation is performed from a donor to a recipient and consists of the following stages: removal, conservation, storage, transportation and transplantation of organs (part of an organ) and (or) tissues (part of a tissue).

2. The removal, conservation, storage, transportation and transplantation of organs (parts of an organ) are carried out in state medical organizations, medical organizations, one hundred percent of the voting shares (shares in the authorized capital) of which belong to the state, as well as in medical organizations "Nazarbayev University" with a license to carry out medical activities for the provision of organ transplantation services (body parts) according to the profile of medical activity.

2-1. The removal, conservation, storage, transportation and transplantation of tissues (parts of tissue) are carried out in state medical organizations, medical organizations, one hundred percent of the voting shares (shares in the authorized capital) of which belong to the state, as well as in medical organizations "Nazarbayev University" with a license to carry out medical activities for the provision of tissue transplantation services (parts of the tissue) according to the profile of medical activity.

Storage, transportation and transplantation of preserved corneal tissue are carried out in medical organizations, regardless of their forms of ownership, if they have a license to carry out medical activities to provide services for transplantation of preserved corneal tissue according to the profile of medical activity.

2-2. The removal, conservation, storage, transportation and transplantation of hematopoietic, mesenchymal stem cells, immune system cells, and lymphocytes are carried out in state medical organizations, medical organizations with one hundred percent of the voting shares (shares in the authorized capital) owned by the state, as well as medical organizations "Nazarbayev University" if licensed to carry out medical activities for provision of cell transplantation services according to the profile of medical activity.

The removal, procurement, storage, transportation and autologous transplantation of hematopoietic stem cells are carried out in medical organizations, regardless of their forms of ownership, if they have a license to carry out medical activities for the provision of autologous hematopoietic stem cell transplantation services according to the profile of medical activity.

3. The removal of organs (parts of an organ) and (or) tissues (parts of tissue) for the purpose of further transplantation to a person (potential recipient) is performed from a living person (a lifetime donor) or a deceased (postmortem donor).

4. When transplanting organs (parts of an organ) and (or) tissues (parts of a tissue), it is prohibited:

1) forced removal of organs (parts of an organ) and (or) tissues (parts of tissue) from a person;

2) forcing a person to provide his own organ (part of an organ) and (or) tissues (part of a tissue);

3) purchase and sale of organs (parts of an organ) and (or) tissues (parts of tissue) of a person;

4) removal of organs (parts of an organ) and (or) tissues (parts of tissue) from a lifetime donor or a postmortem donor who is a minor or incapacitated person;

5) removal of organs (parts of an organ) and (or) tissues (parts of tissue) from a posthumous donor for transplantation to foreigners and stateless persons;

6) removal of organs (parts of an organ) and (or) tissues (parts of tissue) from persons who, for health reasons, age or other reasons, could not provide information about their identity and whose identity had not been established at the time of death.

5. Removal of organs (parts of an organ) and (or) tissues (parts of tissue) from an infected lifetime donor or a postmortem donor for transplantation to the recipient is prohibited.

The list of infectious diseases in which transplantation of organs (parts of an organ) and (or) tissues (parts of tissue) from a donor is permitted is approved by the authorized body.

6. A register is formed to ensure the transplantation of organs (parts of an organ) and (or) tissues (parts of a tissue).:

1) potential recipients of organs (parts of an organ) and (or) tissues (parts of a tissue);

2) recipients of organs (parts of an organ) and (or) tissues (parts of a tissue);

3) donors of organs (parts of an organ) and (or) tissues (parts of a tissue);

4) citizens who have expressed the right to posthumous donation of organs (parts of an organ) and (or) tissues (parts of tissue).

7. The procedure for the formation and maintenance of the register is determined by the authorized body.

8. Registration of the will of a citizen of the Republic of Kazakhstan on consent or refusal to have organs (part of an organ) and (or) tissues (part of tissue) removed from him after death for the purpose of transplantation in the register of citizens who have expressed the right to posthumous donation of organs (part of an organ) and (or) tissues (part of tissue) may be It was made by direct contact with a medical organization providing primary health care, or on the digital government web portal.

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