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Khalifa issues decree on organ transplant
September 04, 2016
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ABU DHABI: President His Highness Sheikh Khalifa Bin Zayed Al Nahyan issued Federal Decree by Law No. (5) for 2016 concerning regulation of human organs and tissues transplantation. The decree has been published in the recent issue of the Federal Official Gazette issued on Sunday.
 
The decree’s provisions shall be applied on transplantation operations of organs and tissue performed within the country, including the free zones. While transfusion and transplantation of stem cells, blood cells and bone marrow are excepted.
 
It aims to regulate and develop transplantation and preservation operations of human organs and tissues. It further seeks to ban trafficking in human organs and tissues, as well as protection of rights of persons who receive or give human organs and tissues. The decree also ensures regulation of the donation of human organs and tissues, in addition to preventing exploitation of the patient's or the donator’s needs.
 
The article No.4 stipulates on prohibition of operations of transfusion or transplantation of human organs or parts of them or tissues, only by permitted specialist doctors in the licenced medical facilities by the competent health authority.
 
Article No.5 bans buying or selling human organs or any of their parts or tissue by any means or receiving any return for it. It also prohibits transferring, transplanting or sharing human organs or tissues when failed to abide by provisions of this Decree. Furthermore, it prohibits propaganda, advertising, promotion or brokerage operations for non-allowed transfusions or transplantation of human organs or parts of them. the article also prohibits donation against money.

Penalties

According to Article 20, any who sells, buys, offers selling or buying, or mediates in selling or buying a human organ or part of it or tissue shall be fined Dhs30,000-100,000.
 
According to Article 21, any who trades or mediate intending trafficking in human organs or part of it or tissues, shall be awarded 5-7 jail term plus a fine of Dhs500,000-3,000,000 with confiscation of the money derived from the crime.
 
As per the Article 22 any who furtively or forcibly or in any legal way eradicates part, organ or tissue from a live person shall be shall be awarded at least 10 years jail term plus a fine of Dhs1-10 millions. But if such act casued death of the affected, or partly or wholly handicapped, the penalty shall be a life imprisonment and a fine of at least Dhs20 million.
 
Article 24 stipulates on that any doctor transfers or transplants human organ or part of it or human tissue while knowing that was for money, shall be awarded 6 month jail term at least plus a fine of Dhs500,000-1,000,000 or either of them.
 
Also any who conducts operation of transferring or transplanting human organ or tissue or part in an unlicensed medical facility, shall be sentenced to one year jail term at least and a fine of Dhs500-1,000,000, or either of them.
 
Also Sheikh Khalifa issued a number of federal decrees on the establishment of embassies of the UAE abroad and appointment and shifting of a number of members of the diplomatic corps.
 
The President also issued a federal decree No. 116 for 2016 restructuring Board of Directors of Etihad Rail.
His Highness also issued Federal Decree No. 117 for 2016 regarding establishment of Embassy of the UAE in N'djamena, Chad.
 
He also issued the Federal Decree No.119 for 116 regarding establishment of the UAE Embassy in Accra, Ghana.
Sheikh Khalifa also issued Federal Decree by Law No. (4) of 2016, regarding the medical responsibility. The decree’s provisions shall be applied on all who practise medical profession within the country.
 
According to the second article of the decree: Every person engaged in one of the medical profession or relevant professions determined by the Ministry of Health and Prevention, must fulfill his duties as required by the profession in terns of accuracy and honesty, in accordance with the scientific and technical applicable principles, to ensure provision of the necessary care for the patients and not to exploit their needs against illegal benefits. They must adhere to legislation in force in the country.
 
 
WAM 

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