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official translation REPUBLIC OF LITHUANIA LAW ON HUMAN TISSUE AND ORGAN DONATION AND TRANSPLANTATION 19 November 1996 No.I-1626 Vilnius Chapter I GENERAL PROVISIONS Article

  1. Purpose of the Law
  2. This Law shall establish the conditions and procedure of human tissue and organ donation and transplantation.
  3. This Law shall not regulate the transplantation of sperm, ovum, embryo, foetus, blood or its components. Their transplantation shall be regulated by other laws. Article
  4. Definitions Used in the Law
  5. Transplantation - removal of organs and tissues from the body of a living or dead person and their transplantation into another person’s body for the purpose of treatment.
  6. Donor - a person whose certain organs and tissues are removed for transplantation while he is alive or after his death.
  7. Recipient - a person who receives organ and tissue transplants for the purpose of treatment.
  8. Tissues and organs - parts of the body of a living or dead person.
  9. Regenerative tissue - the tissue of a living person which, after being injured or partially removed, regenerates itself.
  10. Death - an irreversible destruction of the human organism as a whole, or an irreversible end of the brain function, testifying that a person has ceased to exist as a personality, despite the continuance of the functioning of certain of his organs or organ systems. Article
  11. Register of Donors and Recipients of Human Tissues and Organs
  12. Transplant cases and data about donors and recipients must be recorded in the Register of Donors and Recipients of Human Tissues and Organs.
  13. The Register of Donors and Recipients of Human Tissues and Organs shall be established and the regulations thereof shall be approved by the Ministry of Health.
  14. The procedure for use of the data of the Register of Donors and Recipients of Human Tissues and Organs, in order to preserve anonymity of donors and recipients, shall be established by the Ministry of Health.
  15. All natural and legal persons who use the data contained in the Register of Donors and Recipients of Human Tissues and Organs shall be responsible for anonymity of such data. Article
  16. Anonymity of a Donor and a Recipient The personal data of a donor may not be disclosed to a recipient or his next of kin, and the personal data of a recipient - to a donor and his next of kin. An exception may be made only when a donor and a recipient relinquish anonymity in writing. Chapter II TRANSPLANTATION FROM A DEAD PERSON Article
  17. Death Verification Death criteria and verification procedure shall be established by the Ministry of Health. Article
  18. Implementation of the Person’s Right to Give Consent for the Use of His Tissues and Organs for Transplantation upon his Death
  19. Every person who is legally capable shall have the right to submit to a health care institution a written consent that his tissues and organs be used for transplantation upon his death.
  20. The form and contents of the consent shall be established by the Ministry of Health.
  21. The person’s will shall be recorded in his personal medical card at the health care institution. A form, approved by the Ministry of Health, specifying a person’s consent or refusal to have his tissues or organs used for transplantation after his death, shall be filled in at the written request of said person.
  22. The health care institution must furnish the information about the consent given by the person to the Register of Donors and Recipients of Human Tissues and Organs.
  23. When storing the information about the person’s given consent or expressed refusal to become a donor, the anonymity of such information and the confidentiality of the medical secrecy concerning the person’s health, must be ensured. Article
  24. Necessity for the Consent of the Next of Kin of the Deceased or for the Conclusions of the Concilium of Doctors in Order to Transplant the Tissues or Organs of the Deceased when the Person’s Will Is not Known
  25. After the death of the person who did not express his consent to have his tissues and organs used for the purposes provided for in this Law, his tissues and organs can be used for transplantation upon having a written consent of the legally capable next of kin of the deceased.
  26. If during his lifetime the person did not express his will in writing to have his tissues and organs used for the purposes provided for in this Law, and the next of kin or guardians of the deceased are not known and it is impossible to obtain their consent, in an emergency, when the criteria of the person’s death have been established, the decision concerning removal of the tissues and organs from said person for transplantation shall be adopted by the concilium. The concilium shall consist of: the chief of the division of the personal health care institution wherein the person was undergoing medical treatment, or the chief of the administration of said institution, a representative of the medical ethics commission of said institution, as well as the treating physician.
  27. In the presence of the conditions specified in paragraph 2 of this Article, transplantologists and other persons who are interested in transplantation of said person’s tissues or organs due to any reason or related to it in any manner, shall not have the right to take part in the making of a decision concerning the use of human tissues or organs for transplantation.
  28. The requirements of this Article shall not apply to taking of tissue and organ samples in the course of pathoanatomical or forensic medical examination. Article
  29. Procedure of Transplantation
  30. The procedure for organisation of the transplantation of the tissues and organs of the deceased in health care institutions shall be established by the Ministry of Health.
  31. The removal of the tissues and organs of the person who while still alive had expressed his refusal to having his tissues and organs used for transplantation upon his death, shall be prohibited.
  32. The doctor who has verified the fact of death of a person or has participated in the concilium in which the decision allowing to remove and transplant the tissues and organs of the person was adopted, shall not have the right to take part in the removal and transplantation of the tissues and organs of said person. Chapter III TRANSPLANTATION FROM A LIVING DONOR Article
  33. Procedure for Transplantation from a Living Donor
  34. The procedure for organisation of the removal of the tissues and organs from a living donor shall be established by the Ministry of Health.
  35. It shall be allowed to remove tissues and organs from a living, legally capable donor only upon obtaining a written permission from him.
  36. The form and contents of the permit shall be established by the Ministry of Health.
  37. It shall be prohibited to remove the tissues or organs from a fully or partially legally incapable donor who is of age.
  38. It shall be allowed to take non-regenerative body parts only from the donor who is genetically related or from the spouse.
  39. It shall be allowed to remove regenerative tissues from underage persons only with the written consent of their parents or guardians and the municipal service dealing with the protection of the rights of the child, and provided that these tissues are intended to be transplanted in the donor’s brother or sister.
  40. It shall be allowed to remove regenerative tissues from a person who is over the age of 14 years in compliance with the requirements of item 6 of this Article and only upon receipt of his written consent.
  41. Before the removal of the tissues and organs, a donor and a recipient must undergo a health examination according to the procedure established by the Ministry of Health.
  42. A donor must be comprehensibly informed about possible effects of the donation of organs or tissues on his health. It shall be prohibited to remove the tissues or organs from a person if this would extremely worsen his health or cause danger to his life. Chapter IV PROHIBITION OF COMMERCIAL TRANSACTIONS Article
  43. Prohibition of Commercial Transactions
  44. The tissues and organs of a dead or living person cannot be the subject of civil transactions.
  45. Legal and natural persons shall be prohibited from taking remuneration for human tissues or organs.
  46. A health care institution which transplants human organs or tissues shall reimburse another health care institution for the expenses related to the removal, preparation and transportation of tissues and organs in the manner prescribed by legal acts of the Republic of Lithuania. Chapter V FINAL PROVISIONS Article
  47. Liability The persons who have violated the requirements of this Law shall be liable in accordance with the procedure established by laws of the Republic of Lithuania. Article
  48. Coming into Effect of the Law This Law shall come into effect as of 1 July
  49. Article
  50. Proposal for the Government of the Republic of Lithuania To propose to the Government of the Republic of Lithuania to pass new legal acts as well as to amend and supplement the existing legal acts relating to the Law on Human Tissue and Organ Donation and Transplantation prior to 1 May
  51. I promulgate this Law passed by the Seimas of the Republic of Lithuania. President of the Republic Algirdas Brazauskas

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