The italian laws
Italian Law provides that the removal of organs (from heart-beating) is performed, except in case of manifestation of opposition by relatives, which allows not to waste possibility to cure patient listed for transplantation.
With regard to the tissues, instead, the removal (from heart stopped), is performed just after the expression of consent by relatives that refer the will of the death person.
The Intensivist Medical Doctor has to explain the condition of the patient clearly and univocally, and when the necessary conditions subsist, he has to discuss with relatives the will of the deceased about the organs donation.
Doctors who certify the death, by law, can't be the same who start the procedure of the removal of organs and tissues for transplantation.
Every health care professional is strictly obliged to the provisions of law on transplantation.
- Law 91 of the 1st of April 1999 regulates the removal of organs and tissues with a therapeutic aim, if assessed brain death. Provisions about the removal of organs and tissues.
- Regulation laying down the procedures for the assessment and certification of death.
- Standards for the assessment and certification of death.
Every Italian citizen is requested to declare freely his own will on organ donation after death; the absence of a declaration of will is considered equal to the consensus. The will of minors has to be expressed by parents or by legal protector.