India plans Living Donors Protection Act on the lines of US to prevent exploitation | Mint

New Delhi: The Centre plans to amend the law and frame a Living Donation Protection Act on the lines of similar legislation in the US to prevent exploitation of living organ donors, an official from the National Organ Tissue and Transplant Organisation (NOTTO) said. 

Currently, there is no provision in the Transplantation of Human Organs and Tissues Act (THOTA) on the rights of organ donors post-donation.

The government is now trying to address the challenges faced by donors by including provisions such as health insurance, treatment, and financial security.

A health ministry report on reforms required for augmentation of organ and tissue donation, and transplantation is terms of technology, processes and legislative reforms in India, highlighted “the need a Living Donation Protection Act like the US. Partner with professional organizations, like the American Society of Transplantation (AST) or the National Kidney Foundation (NKF), to address insurance-related issues.”

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Dr Anil Kumar, Director, National Organ Tissue and Transplant Organization (NOTTO) said, “A living organ donor is a healthy individual who donates his/her organ to the patient in need. For instance, if a donor donates one kidney, the donor’s GFR (Glomerular Filtration Rate) reduces i.e. kidney filtration capacity. So post organ donation, the donor needs special care because his health is at risk and this is not a one time process, it need proper follow-up and donors health has to be taken proper care. As of now, there is no provision in the Act for the rights and protection of the living organ donor. Therefore, NOTTO has taken the recommendations of experts presented during a Chintan Shivir and is now acting upon it.”

As part of the plan, an Act will be proposed by making certain amendments in the THOTA to ensure the protection of the living organ donor, Dr Kumar said.

Provisions are also being made to include several rights for living organ donors such health insurance, treatment, and financial security and prevent commercial involvement if any. “This will also ensure that no one can forcefully push the living donor to donate the organ. It has to be voluntarily. Is he/she eligible to donate and what will be the economic consequences post donation,” he said.

Notably, In India, health insurance policies cover life and disability but not living organ donation.

“The plan is also to make health insurance companies should provide suitable coverage for living donors as they huge problem getting insurance post donation. This needs to be addressed,” he said.

In India, a living donor of 18 years or above can donate only a kidney or part of liver. 

To make it a transparent procedure, the government creates a unique NOTTO-ID for both donor and recipient, generated by the hospital from the NOTTO website. In case it is a living organ donation, the ID has to be generated within 48 hours of the transplant surgery.