Reps pass organ, tissue transplantation bill for second reading

The House of Representatives has passed through second reading a bill seeking for an Act to establish a comprehensive framework for deceased organ and tissue donation and transplantation in Nigeria.

The proposed legislation sponsored by Benjamin Kalu, the deputy speaker and six other lawmakers was read for a second time during plenary on Wednesday.

The proposed legislation seeks to establish a National Deceased Organ and Tissue Donation Program for the Federal Republic of Nigeria to provide for the identification, referral, authorisation, recovery, preservation, allocation and transplantation of organs and tissues from deceased persons.

The bill seeks to establish the National Organ Donation and Transplantation Authority to provide for the determination of death for the purposes of deceased donation; to promote equitable access to transplantation; and prohibit organ trafficking, transplant tourism and commercial dealings in human organs and tissues while protecting donors, recipients, families and the integrity of the transplantation system.

Leading the debate on its general principles, one of the co-sponsors Patrick Umoh noted that organ and tissue donation represents one of medicine’s most profound possibilities, that the end of one life may offer the chance of renewed life to another.

He said this possibility carries significant legal, ethical and medical responsibilities, hence Nigeria’s transplantation system requires a clear and coordinated legal framework governing consent, death determination, organ recovery, allocation, transplantation, tissue banking, safety and oversight.

According to him, in the absence of such a framework, vulnerable persons may be exposed to exploitation, while public confidence in donation may be undermined.

He therefore said that the Bill provides that framework by establishing appropriate regulatory structures, ensuring equitable access, strengthening patient safety and expressly prohibiting the commercialisation and trafficking of human organs and tissues.

He explained that recovered organs are to be allocated through a National Organ Allocation and matching system and the national waiting list, stressing that allocation cannot be based on wealth, political influence or other non-medical considerations; inability to pay alone cannot remove a person from the waiting list.

The lawmaker said, “donation is voluntary and requires lawful authorization. The Bill expressly rejects presumed consent/opt-out donation. First-person choice: An adult with legal capacity may authorize donation, and a valid First-Person Authorization remains effective despite family objection.

“The Bill provides for accreditation, licencing, donor audits, biovigilance, adverse-event reporting, traceability and safety alerts. Organ trafficking, transplant tourism, brokerage and commercial dealings are expressly prohibited and subject to enforcement.”

The Bill was referred to relevant committee for further legislative action.