Shanghai should legislate organ transplants and criteria for brain death so that its experience can be borrowed for a national rule, said Vice Health Minister Huang Jiefu.

Huang made the remarks at a medical forum held in Shanghai yesterday.

"Considering the growing demand from patients for transplant surgeries, I would recommend developed regions like Shanghai issue a regional rule to better regulate the medical practice," Huang said.

The Ministry of Health recently completed the sixth draft of the organ transplant regulation. But there is still a long way to go before the draft is presented to the National People's Congress for adoption.

The sixth draft will also define and address brain death, but it is still under discussion, the vice minister said.

China began organ transplants in 1970s. By the end of 2001, the nation has conducted 41,590 transplant surgeries.

Britain and the United States adopted laws on organ transplants in the 1980s and Japan in 1997. Currently, there are dozens of countries and regions that have passed such laws, including China's Hong Kong and Taiwan Province.

On China's mainland, Shenzhen was the first city to issue a regional rule on organ transplant on August 22. However, Shenzhen's regulation fails to define brain death and related issues.

According to the sixth draft, organ donation must be voluntary. Both donor and recipient should receive respect and be able to keep the transplant private. For deceased donors, doctors must treat the body decently.

Trading of organs is not allowed, according to the draft.

"Any organization or person will be seriously punished if involving in profiting off the organ business," Huang said.

Doctors must adhere to justice and fairness when distributing organ whatever the patient's race, gender, wealth and religion.

The medical facilities must meet the qualification on equipment, staff and equipment if launching transplant with the approval from province-level health authority.

At the moment, there is a lack of access requirement on technology, as many hospitals, no matter qualified or not, are doing organ transplant, imposing a disorder competition and worsening the shortage of organs, officials said.

"There is no regulation on organ matching, collecting and preserving in China," Doctor Zheng Shusen from the No 1 Hospital of Zhejiang University Medical College said at the medical forum.

"So, the shortage of organs and wastes of organs coexist at the same time," the doctor said, adding that there are also problems resulting from poor quality of organs due to improper collecting or preservation.

(Shanghai Daily November 15, 2003)