| Ethics and Legal Topics: |
| 85% of the Chilean people accept
they belong to some religion. Most of 75% of them
are Catholics/Christians members so, the Chilean
law was supported in the generals Catholics/Christian
ethics principles. |
| Chilean Law |
Our law has five Tittles and 18
Articles:
• Gives the opportunity to express
your willing of being and organ donor in Official
Documents.
• Creates a Transplant National
Commission
• Punishment is established. |
| 1st Title : General Means: |
- Only for therapeutic objective
- The Medical Centers must be accredited through
specific requirements.
- It must been a National Register with the donors
and recipients identity.
- Donation is just for solidarity and altruism.
- The procurement financial cost must be included
in the recipient’s bill. |
| 2nd Title : Organ Living Donor
: |
| - Every legal person, with medical
certificate authorizing the surgery. The donor must
signed free and informed about the risks and consequences
of its procurement. This signed should be done in
an official statement Act- Roll designed by Ministry
of Justice and the living donor could rejected it
in any time he/she will. |
| 3rd Title : Cadaveric Donors Extraction
: |
- Required unformatted consent –
“opting in “
- An official employed ask to the donor.
- Organ donor card is use. |
| Complementary Rules : ( art. Nº
18) |
| If the potential donor has not his/her
donor card, or if he /she has said noting about
it before his/her passed away; health team should
ask to his/her husband/wife, or relatives in law
or in blood until 3th grade. |
| 4rd Title. Brain Death Certificate |
All the ICU’s and ER’s,
ought to notification to the nearest Transplantation
Center about the presence of a potential donor.
It is necessary to got the sign of two doctors to
certificate brain death. One of these, must be an
specialist (neurologist/neurosurgeons) , and they
do not belong to a transplant team.
In Chile brain death must be certificate after the
total and irreversible encephalic functions. Coma
origin must be known. There are exclusion criteria,
it is necessary an Apnea Test, to evaluate unbreathing.
For children under 15 years old, it is necessary
to have electroencephalographic test . Another complementary
tests are authorized. |
| 5th Title : |
| In Chile it is authorized to import
and export organs without a payment. Must be done
between authorized transplantation Centers with
a permission form the Ministry of Health. If in
Chile there is no local recipients for an specific
organ, that one would be send to another country. |
| 6th Title : National Recipients
Register. |
One National List, patients all
over the country without social, economical or educational
differences , only for chilean people. Foreign people
must have been living in Chile during at least five
years.
It is established an medical Commission to select
and distributes special cases, for instance, national
priority. The National List is standard it at ISP
(Public Health Institute). This organism has an
government dependence, where it is concentrated
all the candidates to receipt one or more organs,
they match the possibilities between donor and recipient.
It is the only one that has this technique in Chile
the professionals to do it, also.
There are several medicals committees working to
approve or refusal criteria to distribute organs
with accurate quality, transparency and the same
opportunities to every one. Also the government
has created Transplant National Commission which
role is to assist the Ministry of Health in an
specific matteries concerning to organ donation,
procurement, techniques, teams and another areas.
Besides, Transplant Patients Organization are
represented. |
| Non Related Living Donor |
Our law accept this option, but
until today, the only non related transplant donor
had been between husband and wife.
Transplantations teams do not feel comfortable with
the possibility of economical change (direct or
indirect). |
