16 November 2015, 10:48
At its session on November 11 the Verkhovna Rada Committee on Public Health considered two alternative draft laws on amendments to some legislative acts of Ukraine addressing transplantation of human organs and anatomical material (No.2386a) and on amendments to some legislative acts of Ukraine addressing health protection and transplantation of human organs and anatomical material (No.2386a-1)
It was noted during the debates that both draft laws suggest new wordings of the Law of Ukraine "On Transplantation of Human Organs and other Anatomical Material" and pursue a goal of provision of the constitutional right of Ukrainian citizens to life and health care through perfection of conditions and order of application of transplantation and related activities in Ukraine.
Members of the Committee acknowledge that Ukraine is far behind European countries in the development of transplantation. The statistical data of the Healthcare Ministry of Ukraine show that the annual number of organ transplant surgeries in Ukraine does not exceed 130-140. In 2014 there were a mere of 134 organ transplant surgeries in Ukraine, including 16 kidney transplant surgeries (while 2,500 kidney transplant surgeries are needed each year); 17 liver transplant surgeries (1,000 - 1,500 are needed each year). Over the past 20 years there have been a mere of 8 heart transplant surgeries in Ukraine (1,000 - 1,500 are needed each year).
The draft laws differ in principle in the issue of one's consent to cadaveric donation.
The draft law No.2386a suggests building a system of transplantation under the principle of probable consent (presumption of consent). This system allows use of material of a dead person for transplantation in case the dead person did not express any objections when alive to removal of an organ. Such objections shall be dully registered in a document and/or in the Single State Information System.
The draft law No. 2386a suggests leaving the national laws in this part without changes. At present Ukraine exercises the principle of "clearly expressed consent", also known as "presumption of objection." The principle suggests that cells, tissues and organs can be removed from the body of a dead person in cases when the person clearly expressed one's consent to this when alive. In case when a dead person has not left any legally registered will regarding consent or objection to cadaveric donation, consent shall be obtained from a legally authorized person who is a family member usually.
As a result of the consideration the Committee endorsed a decision to recommend the Verkhovna Rada of Ukraine to adopt as a basis following the first reading the draft law on amendments to some legislative acts of Ukraine addressing transplantation of human organs and anatomical material (No.2386a-1) submitted by people's deputies of Ukraine Bohomolets and Korchynska.