The bill after passage from the provincial legislature will allow a living person not less than 18 years of age to voluntarily donate any organs of this body in his life to any other living person genetically and healthy related, who is a close blood relative and the donation of organ or part of tissue or cell by such person for therapeutic purpose shall be regulated in the manner as may be prescribed. However, in case of regenerative tissue, ie stem cells, there is no restriction of age between siblings.
Surrogacy subject to the provision of the Act, transient placement of cell or cells in a human host for the purpose of helping another human being in cases of infertility or any other therapeutic purpose shall be legal: provided that it is within the limit of customs and religious belief, provided further that it is not a part of financial deal or at the risk of the surrogate host.
Under the Act, the storage, culture and therapeutic use of stem cells within the limit of customs and religious belief and without financial deal or risk of the donor shall be legal. Under the law stem cells retrieved from umbilical cord of a new-born may be stored, cultured at the request of the parents and used for therapeutic purpose for the individual from whose umbilical cord the stem cells were retrieved or used for an unrelated person after the consent of the concerned individual or his parent, it he has not attained the age of 18 years.
Under the Act, the cloning shall be legal to the extent to grow organs for therapeutic human consumptions in a prescribed manner. Donation of human organs after death: (1) Any person who is not less than eighteen years of age, may before his death, in writing duly signed and verified by the respective Transplant Evaluation Committee, donate any of his organ or tissue for transplantation and for this purpose, may authorise any medical institution or hospital duly recognised by the authority.
(2) The cases of unclaimed brain dead hospitalised patients shall be presented to the Transplant Evaluation Committee for transplantation, after an intense search for their relatives within a reasonable time.
(3) Human organ may be harvested for transplantation from a brain dead hospitalised patient with no prior consent or will for donation after evaluation by the transplant evaluation committee and informed consent by the close blood relative.
(4) On the death of a donor any close relative or the deceased shall inform the transplant evaluation committee about the deceased and cause the removal of the human organ or tissue in accordance with the authorization.
(5) A donation may executed in such form and manner as may be prescribed and may be revoked at any time during the lifetime of the donor in the presence of two witnesses.
(6) Donation of sperm from a person who is brain dead for a cadaver may be permitted; provided that reasons for such donation exist and is not in conflict with religious belief and the recipient.
Under the Act the provincial government of KP will constitute a corporate authority with head office at Peshawar have succession and a common seal, with power to enter into contract, acquire or dispose of property, any may, by its name, sue or be sued.
The regulatory authority will be consist of Provincial Minister for Health, chairperson while secretary health, recognised surgical transplant specialist, recognised medical transplant specialist, recognised gastroenterologist, recognised Hepatalogist, representative from private transplant set-up in the province, recognised anaesthetist as members and administrator, which also serve as member-cum secretary of the regulatory authority.
The Act also stands for the constitution of a Transplant Evaluation Committees for recognised institutions. Each such committees will be consists of a recognised surgical specialist, a recognised medical specialist, a recognised transplant specialist, a recognised nephrologist, a recognised neurophysician and a recognised intensivist where available and two local notables having a good record of social service. The transplant evaluation committee will be chaired by the head of the recognised medical institution.
Under the regulatory authority Act Transplant Monitoring Committee with Additional Secretary to the Government, Health as chairman and a recognised surgical transplant specialist, a recognised medical transplant specialist, a recognised gastroenterologist, a recognised hepatalogist, recognised ophthalmologist as members and Director, Health, KP as member-cum-secretary will also be constituted.