The Transplantation of Human Organs and Tissues Rules, 2014
The Health and Family Welfare Department, Government of Tamil Nadu, through G.O. Ms. No. 314 dated 28 August 2020, republished the Central Government's Transplantation of Human Organs and Tissues Rules, 2014. The rules regulate donation, removal and retrieval of human organs and tissues for therapeutic purposes, and supersede the Transplantation of Human Organs Rules, 1995, except for earlier acts or omissions.
What the notification does
The Health and Family Welfare Department, Government of Tamil Nadu, issued G.O. Ms. No. 314 dated 28 August 2020 to republish a notification of the Ministry of Health and Family Welfare, Government of India, dated 27 March 2014. The Transplantation of Human Organs and Tissues Rules, 2014 took effect on publication in the Official Gazette and replaced the Transplantation of Human Organs Rules, 1995, while preserving matters already done or omitted before replacement.
The notification concerns medical donation and transplantation. It does not govern land, buildings, ownership or property transactions.
Who is affected
The Transplantation of Human Organs and Tissues Rules, 2014 apply to:
- Living and deceased organ or tissue donors.
- Recipients and their spouses or near relatives.
- Hospitals, registered medical practitioners and transplant coordinators.
- Human Organ Retrieval Centres and coordinating organisations.
- Appropriate Authorities, Authorisation Committees and Boards of Medical Experts.
- Police and post mortem doctors handling medicolegal cases.
Main requirements
The Transplantation of Human Organs and Tissues Rules, 2014 provide that:
- A living person may authorise removal of an organ or tissue for therapeutic purposes using the prescribed forms.
- Doctors must explain possible side effects, hazards and complications, and confirm the donor's physical and mental fitness.
- Near relative, spousal and other donations require the relevant forms, supporting checks and specified approvals.
- Donations involving a foreign donor or recipient require Authorisation Committee approval.
- Living donation by a minor is generally prohibited. It may be considered only on exceptional medical grounds, with detailed justification and prior approval from the Appropriate Authority and the State Government concerned.
- Appropriate Authorities must maintain expert panels for brain-stem death certification.
- For deceased donation, doctors must check any prior authorisation, obtain consent from the near relative or person lawfully possessing the body, and complete the prescribed declarations and certification.
- A deceased person's written revocation or written refusal prevents removal, even if a relative later consents.
Medicolegal cases
The Transplantation of Human Organs and Tissues Rules, 2014 require the hospital doctor to contact the relevant police authority and designated post mortem doctor after authority and consent are obtained. Retrieval must not interfere with determining the cause of death. Medical reports must be recorded, and private retrieval hospitals that do not conduct post mortems must transport the body and records to the designated centre.
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Common questions
Does this Gazette notification affect buying or owning property in Tamil Nadu?
No property or land matter is covered in the supplied notification. It regulates the donation, removal and retrieval of human organs and tissues for therapeutic purposes.
Can organs be removed after death based only on the deceased person's earlier authorisation?
No. The rules also require consent from the near relative or the person lawfully possessing the body. If the deceased later revoked the authorisation or left a written refusal, no organ or tissue may be removed.
Can a minor make a living organ or tissue donation?
Living donation by minors is generally not permitted. An exception requires recorded medical grounds, full justification and prior approval from the Appropriate Authority and the State Government concerned.
What happens when organ donation involves a medicolegal case?
The hospital doctor must request assistance from the relevant police authority and notify the designated post mortem doctor. Retrieval must not jeopardise determination of the cause of death, and the retrieval report must be included in the post mortem records.
