China is finalizing a bylaw to ban any sale of human organs and regulate transplant operations, according to the Ministry of Health.

The regulation, now in the process of soliciting opinions, will mandate that a hearing involving medical and ethical experts must be organized before any human organ donation, to ensure that the donation is the genuine will of the donor.

The rules provide that human organs are not allowed for sale under any circumstances and that donors reserve the right to change their mind at any time prior to the transplant procedure.

According to the regulation, prior to the removal of a human organ, a hearing should be organized, involving experts on medical, ethical, and social sciences, and the donor and his family members. A human organ transplant can be carried out only if the donation conforms to the donor's genuine will as well as legal and ethical principles.

It also specifies the categories of hospitals qualified for organ transplant operation. The hospitals must have doctors certified to carry out human organ transplant and corresponding professional technicians, necessary facilities and human organ transplant technology, and an ethics committee, as well as established regulations.

Organs from donors with blood-transmitted diseases, such HIV, Hepatitis Virus and syphilis carriers, shall not be used for organ transplant.

According to the Ministry of Heath, those hospitals that have carried out human organ transplants should submit an application for appraisal within six months after the rules take effect if they are to continue such transplants. Any hospital failing the appraisal will not be allowed to carry out clinical application of such transplants.

The suggestion-soliciting period for the regulation will be due by January 30, 2006.

(China Daily December 23, 2005)