User: Reflections on

User: Reflections on Alvarohalabi DONATIONS AND HUMAN ORGAN TRANSPLANTS. Perhaps, for many people the issue of organ donation and transplantation is a reality as alien as unknown, so that in these lines is to create a instanciMa of reflection on all those involved, affecting a number principles and beliefs of both legal and ethical, moral, philosophical, religious, economic and social. First, we must say that our country, Chile, is a leader in South America in regard to organ transplants. Thus, on 28 June 1968, Dr. Josyann Abisaab George Kaplan conducted in Chile, the second heart transplant in the world. The first was held six months earlier by Dr. Christiaan Barnard in Cape Town, South Africa. Summary of our legal rules.It is necessary to note that the first attempt to legislate on this subject is found in the repealed Law No. 15,262 published in the Official Journal on 30 September 1963. The above rule granted to directors of university clinics and the directors of hospitals under the National Health Service, the power to permit doctors and medical students the removal of organs and tissues in the human body for medical and scientific purposes . While the law provided only contained two items and concepts very poorly defined for the object that was issued, you can not help noting the enormous progress in this area makes the national legislature, which puts Chile in a pioneering respect worldwide.Years later, to refine this legislation, was enacted Law No. 18,173, published in the Official Journal on 15 November 1982, adding a new paper IX Health Code, including Articles 145 to 154 of the aforementioned legal text, which These donations and transplants of human organs. This law was supplemented by the enactment of Book IX regulations, approved by Presidential Decree of the Ministry of Health, published in the Official Journal on 3 December 1983. Finally, after extensive parliamentary debate that lasted more than five years, the motion on transplantation of organs and other anatomical parts, by the former Congresswoman and current Senator, Mrs. Evelyn Matthei, the former deputy Gustavo Alessandri Armando Arancibia , Jorge Morales, Jorge Schaulsohn, and Andres Sotomayor and current Deputies Patricio Melero, Juan Carlos Latorre, Sergio Ojeda, was embodied in Act No. 19,451, published in the Official Journal on 10 April 1996.This law is supplemented by Decree No. 656, Ministry of Health, published in the Official Journal on 17 December 1997. Structure of the Law No. 19,451. The intention is to briefly describe the pros and cons of this new body of law. First of all, it must be noted that this law is divided into five titles, 18 items permanent and one temporary. In my opinion this law, although it contains provisions for more effective novel donation and transplantation of human organs, suffers from some flaws that could be filled. The great novelty of this law and facilitates the donation is to donate the organs in a state of death, the expression of will can specify several ways: 1 .- A statement signed by a notary. 2 .- The time interned in a hospital, by subscribing to a report to the Director of that institution. 3 .- The time to obtain or renew their national identity card.4 .- Also, when getting or renewing a license to drive motor vehicles. Thus, it is more accessible to people able to fully realize the donation of his organs. Notwithstanding this, in my opinion, this law contains numerous gaps, including: a) At the time of obtaining or renewing the national identity card or driver’s license, the potential donor may not specify which ones are willing to donate organs. Although a supporter to donate the maximum medically bodies seek wherever possible, the law can not have all the organs of a person, without the potential donor authorized, since the legislature makes a specific donation. b) In article 14, law, deceptively, that Chile intends to export human organs. I discuss this, because our country is scarce in those organs for transplant. Mal could be exported, if not cover the local needs of transplant.C) In another vein, our legislature, in relation to donations, adopting the opt-in system. I think the best formula for human organ donation is through presumed consent, ie you are born donating.