The Transplantation of Human Organ Rules 1995 Duties of the Medical Practitioner

⁵[(1) A registered medical practitioner shall, before removing a human organ from the body of a donor before his death, satisfy himself-

1. that the donor has given his authorization in Form 1(A) or 1(B) or 1(C).

2. that the donor is in proper state of health and is fit to donate the organ, and the registered medical practitioner shall sign a certificate as specified in Form 2.

3. That the donor is a near relative of the recipient as certified in Form 3, who has signed Form 1(A) or 1(B) as applicable to the donor and that the donor has submitted an application in Form 10 jointly with the recipient and that the proposed donation has been approved by the concerned competent authority and that the necessary documents as prescribed and medical tests, if required, to determine the factum of near relationship, have been examined to the satisfaction of the Registered Medical Practitioner i.e. Incharge of transplant center.

4. That in case the recipient is spouse of the donor, the donor has given a statement to the effect that they are so related by signing a certificate in Form 1(B) and has submitted an application in Form 10 jointly with the recipient and that the proposed donation has been approved by the concerned competent authority under provision of sub-rule (2) of rule 4A.

5. In case of a donar who is other than a near relative and has sined Form 1(C) and submitted an application in Form 10 jointly with the recipient, the permission from the Authorisation Committee for the said donation has been obtained.]

(2) A registered medical practitioner shall, before removing a human organ form the body of a person after his death satisfy himself-

1. that the donor had, in the presence of two or more witnesses (at least one of whom is a

near relative of such person), unequivocally authorized as specified in Form 5 before his death, the removal of the human organ of his body, after his death, for therapeutic purposes and there is no reason to believe that the donor had subsequently revoked the authority aforesaid;

¹[(b) that then person lawfully in possession of the dead body has signed a certificate as specified in Form 6.]

(3) A registered medical practitioner shall, before removing a human organ from the body of a person in the event of his brain-stem death, satisfy himself-

(a) that a certificate as specified in Form 8 has been signed by all the members of the

Board of Medical Experts referred to in sub-section (6) of section 3 of the Act;

2. that in the case of brian-stem death of a person of less than eighteen years of age, a

certificate specified in Form 8 has been signed by all the members of the Board of Medical Experts referred to in sub-section (6) of section 3 of the Act and an authority as specified in Form 9 has been signed by either of the parents of such person.