Law 30/1979 of 27 October on the removal and transplantation of organs

Head of State "BOE" No. 266 of 6 November 1979

Last amended: 2 August 2011 Reference: BOE-A-1979-26445

DON JUAN CARLOS I,

KING OF SPAIN

To all those who present it, and understand. Sabed: That the General Courts have approved and I come to sanction the following

Law:

Article 1. The transfer, extraction, conservation, exchange and transplantation of human organs, for

be used for therapeutic purposes only in accordance with the provisions laid down in this Law and with the provisions for its development.

Article 2. No compensation may be paid for organ donation. They will be arbitrated

means to ensure that the performance of these procedures is not in any case burdensome for the living donor or for the family of the deceased. In no case shall there be any economic compensation for the donor, nor shall the recipient be required to pay any price for the transplanted organ.

Article 3. The Ministry of Health and Social Security shall expressly authorise the

health in which the removal of human organs may be carried out. Such authorization shall determine who is responsible for the conformity of each intervention.

Article 4. The collection of organs from a living donor for further graft or

In another person, it may be carried out if the following requirements are met:

a) That the donor is older. b) That the donor has full mental faculties and has been previously

informed of the consequences of their decision. This information will relate to the foreseeable consequences of somatic, psychological and psychological order, to any possible consequences.

the impact of the donation on their personal, family and professional lives, as well as the benefits that the transplant recipient is expected to achieve.

(c) the donor gives his consent in an express, free and conscious manner, and must express it in writing to the public authority which is determined to be determined, following the explanations of the physician to carry out the extraction; The Commission also has to sign the transfer document of the body. In no case can the extraction be performed without the prior signature of this document.

For the purposes set out in this Law, no organ may be obtained from persons who, due to mental impairments or mental illness or any other cause, cannot grant their express, free and conscious consent.

(d) that the destination of the organ removed is its transplant to a given person, with the purpose of substantially improving its hope or living conditions, guaranteeing the anonymity of the recipient.

(e) If the donor is a disabled person who meets the requirements of the above paragraphs, the information and consent shall be in appropriate formats, following the rules established by the design principle for all, so that they are accessible and understandable to their type of disability.

Article 5. One. The removal of organs or other anatomical pieces of deceased may be

prior to the verification of death. Where such evidence is based on the existence of data on the irreversibility of brain injuries and, therefore, incompatible with life, the death certificate shall be signed by three doctors, including a neurologist or Neurosurgeon and the Head of the Service of the relevant medical unit, or his/her replacement; none of these doctors may be part of the team that will proceed to obtain the organ or perform the transplant.

Two. The removal of organs or other anatomical pieces of deceased may be carried out for therapeutic or scientific purposes, if they have not been expressly stated by their opposition.

Three. Persons who are presumed to have died in an accident or as a result of an accident shall also be considered as donors if there is no express opposition from the deceased. For such purposes, the authorization of the Judge to which the knowledge of the case corresponds must be recorded, which must be granted in those cases where the obtaining of the organs will not hinder the instruction of the summary to appear duly The causes of death are justified.

Article 6. The person responsible for the medical unit in which the transplant is to be performed can only

give their conformity if the following requirements are met:

a) That the recipient is fully aware of the type of intervention to be performed, knowing the possible risks and the foreseeable advantages that, both physically and psychically, can be derived from the transplant.

(b) that the recipient is informed that the necessary immunological studies of histocompatibility or other factors which are originating, between donor and future recipient, have been carried out by a laboratory accredited by the Ministry of Health, Social Policy and Equality. The information must be made in appropriate formats, following the rules set out by the design principle for all, in such a way as to make people with disabilities accessible and understandable.

(c) the recipient expresses in writing or other appropriate means to his or her disability, his consent to the conduct of the transplant in the case of an adult legally responsible for his or her acts, or his legal representatives, parents or guardians; if he was incapacitated or in the case of minors. In the event that the recipient is a person with a disability, account must be taken of the individual's personal circumstances, his ability to take such a decision in particular and the provision of support for the individual's taking of such a decision. decisions. In the case of persons with disabilities with support needs for decision-making, they will be free to determine the

Once you have provided adequate support and assistance to your specific circumstances.

Article 7. One. The establishment of organisations at the level of the Autonomous Community and

National and collaborate with international entities that make possible the exchange and rapid circulation of organs for transplantation, obtained from deceased persons, in order to find the most suitable recipient,

Two. The Ministry of Health and Social Security will provide regulatory standards for the operation and control of the "banks" of organs which, by their nature, permit this modal: conservation. These "banks" will not, in any case, have a lucrative character.

ADDITIONAL PROVISIONS

First. The Government will have to develop by regulating the provisions of this Law, and in

special:

(a) The conditions and requirements to be met by the staff, services and health centres referred to in this Law to be recognised, and accredited in their duties; likewise, it shall review the basis of the Law of Health Bases 30 and three. National of twenty-four November of a thousand nine hundred and forty-four and the Regulation of Mortuary Health Police to facilitate the implementation of this Law and the transfer of corpses.

b) The procedure and checks for the diagnosis of brain death. (c) Information measures of any order which, inexcusably, must be complied with

all health centres, in order to ensure that all citizens who enter and their family members have full knowledge of the regulation on donation and removal of organs for therapeutic or scientific purposes.

Second. This Law shall not apply to the therapeutic use of human blood and

its derivatives; however, its Regulations will be based on the reporting principles of this Law. The anatomical extractions carried out for the practice of corneal transplants and other tissues which are determined to be determined may be carried out without delay and in the places of death.

REPEAL PROVISION The Law of 18 December 2000 is hereby repealed.

Any provisions, whatever their rank, shall be contrary to the provisions of this Law.

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