Debates Parlamentares - Diário 002S1, p. 47 (2016-09-16)

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16 DE SETEMBRO DE 2016 47

Article 6 – Health and safety

All professionals involved in organ or tissue transplantation shall take all reasonable measures to minimise

the risks of transmission of any disease to the recipientand to avoid any action which might affect the suitability

of an organ or tissue for implantation.

Article 7 – Medical follow-up

Appropriate medical follow-up shall be offered to living donors and recipients after transplantation.

Article 8 – Information for health professionals and the public

Parties shall provide information for health professionals and for the public in general on the need for organs

and tissues. They shall also provide information on the conditions relating to removal and implantation of organs

and tissues, including matters relating to consent or authorisation, in particular with regard to removal from

deceased persons.

Chapter III – Organ and tissue removal from living persons

Article 9 – General rule

Removal of organs or tissue from a living person may be carried out solely for the therapeutic benefit of the

recipient and where there is no suitable organ or tissue available from a deceased person and no other alternative

therapeutic method of comparable effectiveness.

Article 10 – Potential organ donors

Organ removal from a living donor may be carried out for the benefit of a recipient with whom the donor has

a close personal relationship as defined by law, or, in the absence of such relationship, only under the conditions

defined by law and with the approval of an appropriate independent body.

Article 11 – Evaluation of risks for the donor

Before organ or tissue removal, appropriate medical investigations and interventions shall be carried out to

evaluate and reduce physical and psychological risks to the health of the donor.

The removal may not be carried out if there is a serious riskto the life or health of the donor.

Article 12 – Information for the donor

The donor and, where appropriate, the person or body providing authorisation according to Article 14,

paragraph 2, of this Protocol, shall beforehand be given appropriate information as to the purpose and nature of

the removal as well as on its consequences and risks.

They shall also be informed of the rights and the safeguards prescribed by law for the protection of the donor.

In particular, they shall be informed of the right to have access to independent advice about such risks by a health

professional having appropriate experience and who is not involved in the organ or tissue removal or subsequent

transplantation procedures.

Article 13 – Consent of the living donor

Subject to Articles 14 and 15 of this Protocol, an organ or tissue may be removed from a living donor only

after the person concerned has given free, informed and specific consent to it either in written form or before an

official body.

The person concerned may freely withdraw consent at any time.

Article 14 – Protection of persons not able to consent to organ or tissue removal

1 No organ or tissue removal may be carried out on a person who does not have the capacity to consent

under Article 13 of this Protocol.

2 Exceptionally, and under the protective conditions prescribed by law, the removal of regenerative tissue

from a person who does not have the capacity to consent may be authorised provided the following conditions

are met:

16 DE SETEMBRO DE 2016 47 Article 6 – Health and safety All professionals involved in organ or tissue transplantation shall take all reasonable measures to minimise the risks of transmission of any disease to the recipientand to avoid any action which might affect the suitability of an organ or tissue for implantation. Article 7 – Medical follow-up Appropriate medical follow-up shall be offered to living donors and recipients after transplantation. Article 8 – Information for health professionals and the public Parties shall provide information for health professionals and for the public in general on the need for organs and tissues. They shall also provide information on the conditions relating to removal and implantation of organs and tissues, including matters relating to consent or authorisation, in particular with regard to removal from deceased persons. Chapter III – Organ and tissue removal from living persons Article 9 – General rule Removal of organs or tissue from a living person may be carried out solely for the therapeutic benefit of the recipient and where there is no suitable organ or tissue available from a deceased person and no other alternative therapeutic method of comparable effectiveness. Article 10 – Potential organ donors Organ removal from a living donor may be carried out for the benefit of a recipient with whom the donor has a close personal relationship as defined by law, or, in the absence of such relationship, only under the conditions defined by law and with the approval of an appropriate independent body. Article 11 – Evaluation of risks for the donor Before organ or tissue removal, appropriate medical investigations and interventions shall be carried out to evaluate and reduce physical and psychological risks to the health of the donor. The removal may not be carried out if there is a serious riskto the life or health of the donor. Article 12 – Information for the donor The donor and, where appropriate, the person or body providing authorisation according to Article 14, paragraph 2, of this Protocol, shall beforehand be given appropriate information as to the purpose and nature of the removal as well as on its consequences and risks. They shall also be informed of the rights and the safeguards prescribed by law for the protection of the donor. In particular, they shall be informed of the right to have access to independent advice about such risks by a health professional having appropriate experience and who is not involved in the organ or tissue removal or subsequent transplantation procedures. Article 13 – Consent of the living donor Subject to Articles 14 and 15 of this Protocol, an organ or tissue may be removed from a living donor only after the person concerned has given free, informed and specific consent to it either in written form or before an official body. The person concerned may freely withdraw consent at any time. Article 14 – Protection of persons not able to consent to organ or tissue removal 1 No organ or tissue removal may be carried out on a person who does not have the capacity to consent under Article 13 of this Protocol. 2 Exceptionally, and under the protective conditions prescribed by law, the removal of regenerative tissue from a person who does not have the capacity to consent may be authorised provided the following conditions are met:

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