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Controversial kidney transplants expose hole in regulation
(Xinhua)
Updated: 2008-01-13 08:42

Chen Yun, an official with the provincial health department of Hainan, said the transplant dispute resulted from a lack of detailed stipulations in the regulation on how to judge a living organ donor's "close relationship" with recipients.

Similar cases have already occurred five times since last May at a hospital in Wuhan and two military hospitals in Zhengzhou and Guangzhou.

But the five cases were in line with the regulation as they were able to prove organ donors had genuine close relationships with recipients.

Li Jun, a lawyer with the Hainan Fangyuan Law Office, told Xinhua that laws should be "interpreted humanely" as long as it was not driven by economic profit or infringed upon public interests or social morality.

Ministry of Health Spokesman Mao Qun'an told a recent news conference that health departments were investigating the case and would "deal with it in line with laws". But Mao remained evasive, choosing to just reel off the exact wording of the organ transplant regulation.

The ministry had received several public tip-offs about organ transplant violations, sources said, adding investigations were under way and penalties included revoking transplant operation licenses.

Hainan health official Chen said the Hainan hospital that performed the kidney transplants must report the operations to the provincial health department 30 days after they happened. The department would report the latest development of the transplants to the Ministry of Health six months later.

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