The House of Representatives of the Parliament of the Federation of Bosnia and Herzegovina, in today's extraordinary session, adopted the Proposal of the Law on Amendments to the Law on Organ and Tissue Transplantation for Treatment Purposes. The law was adopted through an expedited procedure, with 85 votes in favor, none against, and no abstentions.
The Government of the Federation of Bosnia and Herzegovina, at an emergency session held yesterday at the proposal of the Federal Ministry of Health, determined the Proposal of the Law on Amendments to the Law on Organ and Tissue Transplantation for Treatment Purposes and forwarded it to the parliamentary procedure for urgent adoption.
The proposed law includes a new provision specifying that the removal of organs or tissues from a living donor can only be performed from a non-related living donor if there is no possibility of donation within familial, marital, or extramarital relationships, under the conditions prescribed by this law.
Additionally, it includes a provision stating that the removal of organs or tissues from a living donor for transplantation to the recipient must be decided by a multidisciplinary expert team and the ethics committee of the health institution where the transplantation will be performed. This decision will involve an assessment and analysis of the reasons for donation, as well as a complete medical, physical, and psychosocial evaluation of the donor, and obtaining a written opinion and consent from the donor's chosen primary healthcare physician. The proposal also adds that if the removal of organs or tissues from a non-related living donor is involved, proof of familial, marital, or extramarital relationships between the donor and recipient is not required.
The rationale for adopting this law highlighted that the Collegium of the House of Representatives of the Parliament of the Federation of BiH, by a conclusion from July 8 of this year, requested the urgent submission of amendments to the Law on Organ and Tissue Transplantation for Treatment Purposes. These amendments would allow transplantation for sick individuals without the limitations of familial relationships suitable for donation, meaning that a donor could be an adult healthy person with full legal capacity, or the law could provide for exceptions.
The proponent explained that "allowing without limitations" is an unacceptable option, as such regulation would primarily undermine the entire transplantation system defined by the positive provisions of the Law on Organ and Tissue Transplantation for Treatment Purposes, necessitating the creation of a new legal framework and comprehensive new regulations. On the other hand, it was noted that, in light of the Directive of the European Parliament and the Council from July 7, 2010, on standards of quality and safety of human organs intended for transplantation, "allowing without limitations" objectively opens the possibility of an illegal organ market. Therefore, the Federal Ministry of Health opts for the second possibility, which is the regulation of exceptions, with the application of certain rules and established conditions.
