Transplantation Act
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 1 Aim
1 This Act sets out the requirements for the use of organs, tissues or cells for transplantation purposes. 2 It is intended to contribute to the availability of human organs, tissues and cells for transplantation purposes. 3 It is intended to prevent the improper handling of organs, tissues or cells in the context of human transplantation medicine, in particular commercial activities involving organs, and to protect human dignity, privacy and health.
Art. 2 Scope
1 This Act applies to the handling of organs, tissues or cells of human or animal origin and products obtained from them (transplant products) intended for transplantation into humans. 2 It does not apply to the handling of: a. artificial or devitalised organs, tissues or cells; b. blood, with the exception of blood stem cells; c. blood products; d. germ cells, impregnated egg cells and embryos in the context of medically assisted human reproduction. 3 Articles 36 and 50 to 71 apply to the handling of organs, tissues or cells for autogenic transplantation. The Federal Council may issue regulations on the quality and safety of organs, tissues or cells for autogenic transplantation which are prepared prior to transplantation. Articles 4, 7 paragraph 2 letter b, 49 and 63-65 apply to transplant products for autogenic transplantation.
Art. 3 Definitions
In this Act: a. organ means any part of the body whose cells and tissues together comprise a unit with a specific function; organ parts whose function is similar to that of an organ and parts of the body that consist of different types of tissue and which have a specific function are regarded as equivalent to organs; b. tissue means a structured association of cells, consisting of the same or different types of cells, that has a common function in the body; c. cell means an individual cell, an unstructured cell mass or a cell suspension that consists exclusively of the same type of cell; d. …
let. d — Repealed by No I of the FA of 19 June 2015, with effect from 1 May 2016 (AS 2016 1163; BBl 2013 2317).
Art. 4 General duty of care
Any person who handles organs, tissues, cells or transplant products must take any measures that may be required in accordance with the current state of scientific and technical knowledge in order not to endanger human health.
Art. 5 Removal for purposes other than transplantation
1 If organs, tissues or cells have been removed for purposes other than transplantation, they may only be stored, transplanted or used to obtain transplant products if the regulations concerning information and consent contained in Articles 8, 12 letter b, 13 paragraph 2 letter f and g, 39 paragraph 2 and 40 paragraph 2 have been complied with. 2 The regulations concerning information and consent in paragraph 1 also apply to the handling of blood stems obtained from umbilical cord blood.