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CHAPTER
III
REGULATION OF HOSPITALS
10. (1) On and from the commencement of this Act:-
(a)
no hospital, unless registered under this Act,
shall conduct or associate with, or help in the removal,
storage or transplantation of any human organ;
(b) No
medical practitioner or any other person shall conduct or cause to be
conducted or aid in conducting by
himself or through any
other person, any activity relating to the removal storage or
transplantation of any human organ at a place other than a
place registered under this Act; and
(c)
no place including a hospital registered under
sub-section
(1) of section 15 shall be used or caused to be used by any person for
the removal, storage or transplantation of any human organs except for
therapeutic purposes.
(2) Notwithstanding
anything contained in sub-section (1), the eyes or the ears
may be removed at any place from the dead body of any donor,
for therapeutic
purposes, by a registered medical practitioner;Explanation - For the
purposes of this sub-section, 'ears' includes ear drums and ear bones.
11. No donor and no person empowered to give authority
for the removal of any
human organs shall authorise the
removal of any human organ for any purpose other than
therapeutic purposes.
12. No registered medical practitioner shall undertake the removal or
transplantation of any human organ unless he has explained in such
manner as may be prescribed all possible effects, complications and
hazards connected with
the removal and transplantation to the donor and the recipient
respectively.
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CHAPTER IV
APPROPRIATE AUTHORITY
13. (1) The Central Government shall appoint, by notification, one or
more officers as Appropriate Authorities for each of the Union
territories for the purposes of this Act.
(2) The State Government shall
appoint, by notification, one or more officers as Appropriate
Authorities for the purposes of this Act.
(3) The Appropriate Authority
shall perform the following functions, namely :-
(i)
to grant registration under sub-section (1) of section 15 or
renew registration under sub-section (3) of that section ;
(ii)
to suspend or
cancel registration under sub-section (2) of section 16
(iii)
to enforce such standards, as may be prescribed, for hospitals
engaged in the removal, storage or transplantation of any human organ;
(iv)
to investigate any complaint of breach of any of the provisions
of this Act or any of the rules made thereunder and take appropriate
action;
(v)
to inspect hospitals periodically for examination of the
quality of transplantation and the follow-up medical care to persons
who have undergone transplantation and persons from whom organs are
removed; and
(vi)
to undertake such other measures as may be prescribed.
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