Transplantation - Legal Basics

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Transplantation - Legal Basics
Transplantation - Legal Basics
Video: Transplantation - Legal Basics
Video: Organ Transplants and Ethics | Health | Biology | FuseSchool 2023, February
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Transplantation: Legal Basis

Transplanted organs largely come from the deceased. The so-called contradiction solution for organ donation is anchored in Austrian law. This states that an organ removal from a potential donor is permissible after the death has been established, provided that the latter has not objected to it during his lifetime. Organs and cells may only be donated voluntarily and free of charge and may not be the subject of legal transactions that are aimed at profit.

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Legal regulations

In Austria, transplants and organ donations (dead and living donation) are regulated in the Organ Transplantation Act (OTPG). The removal of human tissues and cells for further processing and use in humans is regulated in the Tissue Safety Act (GSG). The processing, storage in tissue banks and distribution are also regulated in the GSG and the contradiction solution also applies here.

Objection to organ, tissue and cell removal from the deceased

In Austria, an objection to organ, tissue and cell donation is defined as a declaration by the person concerned expressly rejecting an organ, tissue or cell donation. This declaration can be made in writing (e.g. slip of paper carried along in ID) or orally (e.g. witnessed by relatives).

However, entry of the objection in the objection register at Gesundheit Österreich GmbH offers the greatest legal security, since hospitals are legally obliged to query the objection register before organ removal from dead persons.

In Austria, an objection by the legal representative before the death of the person concerned also counts as an objection (e.g. for children under 14 years of age or adult representation).

In practice, even in cases where there is no contradiction, hospitals try to inform the relatives of a deceased person before organ removal. There is no legal obligation to do this.

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