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Main Page / Legislations / Law No. 21 of 1997 on the Regulation of Transplantation of Human Organs / Articles
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Law No. 21 of 1997 on the Regulation of Transplantation of Human Organs

Law Summary Record Type: LawNumber: 21Date: 05/11/1997 Corresponding to 05/07/1418 HijriNumber of Articles: 14Status: In force
Official Gazette :Issue: 1Offcial Journal Issue Publication Date: 03/01/1998 Corresponding to 24/08/1417 HijriPage from: 102
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Articles

  • 1 Article

    In the application of the provisions of this Law, the following words and expressions shall have the following meanings assigned to them, unless the context requires otherwise:
    “Minister” means theMinister of Public Health;
    “Ministry”means theMinistry of Public Health;
    “Organ”means any organ of the human body or part thereof that is vital and essential for saving a patient.
    “Organ Transplant” means the removal of an organ from the body of a live or dead human and subsequently implanting it in the body of a live human.
    “Death” means the permanent cessation of the heart or breathing or complete and irreversible cessation of brain function.

  • 2 Article

    Expert surgeons may carry out operations effecting the removal of organs from the body of a live person or the corpse of a dead person and transplanting them into the body of another live person with the aim of preserving his life or to achieve a tangible therapeutic benefit, in accordance with the conditions and procedures stipulated in this Law.

  • 3 Article

    It shall be prohibited to excise reproductive organs which bear genetic traits from the body of a live person or the corpse of a dead person and to subsequently transplant them into the body of another live person.

  • 4 Article

    A person who has legal capacity may donate or bequeath one or more of his body organs by virtue of a written statement witnessed by two witnesses, who also have full legal capacity.

  • 5 Article

    An organ may not be transplanted from the body of a live person, irrespective of his consent, if the removal of the organ leads to the death of that person; or seriously incapacitates him such that he is unable to fulfil his personal or work obligations, or if the prevailing medical opinion is that the transplant operation is likely to fail or confer little therapeutic benefit.

  • 6 Article

    The donor should be made cognizant of all the possible, likely and definite health consequences of the operation to remove the donated organ and of the ongoing health implications of its removal. This shall be in writing by a specialised medical team after carrying out comprehensive examination and assessment of the donor.
    The donor may at any time before the transplant operation withdraw his consent to the procedure, and he may do this without any conditions or penalties.

  • 7 Article

    Organs may be removed from the body of a deceased person upon the approval of whoever is present of his near-relatives up to the second degree, who have legal capacity. In cases where several relatives of the same degree are present, approval must be obtained from all of them. In all cases, approval shall be by virtue of a written deposition witnessed by two witnesses of full legal capacity, subject to the following:
    1. Conclusive confirmation and certification of death by virtue of a written report issued unanimously by a committee of three specialist physicians including a neuropathologist, provided that the committee members shall not include the physician carrying out the operation, a relative of the recipient patient or the deceased person or any person who may benefit from his death;
    The deceased person had not expressed, before his death, any objection to the removal of any of his body organs by virtue of a written objection or the testimony of two witnesses who have full legal capacity

  • 8 Article

    Upon the approval of the Shariaa Court, organs may be removed from the dead bodies of unidentified individuals, after three days from the date of death if the transplantation of these organs is likely to result in a clear therapeutic benefit for the patient. Prior to the elapse of this period, and upon a report by the medical committee stipulated in Article 7 herein, and according to the provisions thereof, the Court may approve the transplantation whenever this is necessary to save the life of another person who is in dire need of the organ to be transplanted.

  • 9 Article

    Body organs may not be sold or purchased in any manner, nor may any financial compensation be received in lieu thereof. A specialist physician shall be prohibited to carry out the removal of such organs if he understands that such a transaction has occurred.

  • 10 Article

    Organ removal and transplantation operations shall be carried out in government facilities allocated by the Ministry for this purpose, in accordance with the conditions and procedures issued in the Minister's resolution.

  • 11 Article

    The Minister shall issue a resolution determining the mandatory conditions, standards and specifications that need to be fulfilled in facilities allocated for the preservation and correct storage of organs, thereby enabling them to confer therapeutic benefit from their subsequent transplantation.

  • 12 Article

    Without prejudice to any stricter penalty stipulated in any other law, whoever violates the provisions of this Law and its implementing resolutions, shall be penalised with imprisonment for a minimum period of two (2) years but not exceeding ten (10) years and a fine of at least ten-thousand Riyals (QR 10,000) but not exceeding forty-thousand Riyals (QR 40,000) or either of these penalties.
    Whoever removes a human organ from the body of a living person, without his knowledge, shall be penalised with imprisonment for a minimum period of seven (7) years but not exceeding fourteen (14) years.
     
    In case of repeated violations, the penalty shall be doubled. The person shall be deemed to repeat a violation, if he commits a similar violation before the elapsing of three (3) year from the date of execution of the sentenced penalty.
     
    In all cases, the court may, upon a successful conviction, may revoke the license for practicing the profession.

  • 13 Article

    The Minister shall issue the necessary resolutions for implementation of this Law.

  • 14 Article

    All competent authorities, each acting within their own jurisdiction, shall enforce this Law after sixty days from the date of its publication in the Official Gazette.

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