Epidemiology and the legal basis for corneal transplants in Poland

Abstract

The article aims at presenting a legal basis for corneal transplantation — the most frequently conducted transplantation procedure in Poland. Applicable rules and regulations concerning transplantation can be found in the Cell, Tissue, and Organ Recovery, Storage, and Transplantation Act of July 1, 2005 and the Regulation of the Minister of Health of December 4, 2009 on detailed conditions of removal, preservation, and transplantation of cells, tissues, and organs. However, the scope and content of the above legislation does not directly refer to corneal transplantation, neither in concept nor description, which may lead to certain misinterpretations and ambiguity of information as to the adopted rules of corneal removal, transplantation and the existing formal solutions (documentation, or rules for obtaining consent). The article refers to a very important legal principle — omnia sunt interpretanda — which in practice obliges the description and proper interpretation of the legal rules pertaining in this content to such procedures. In terms of legalisation it is possible to find only norms concerning the possibility of obtaining and transplanting corneas, entities which can conduct such procedures (after obtaining the consent of the Ministry of Health), and information on the scope of the so-called presumed consent that is one of the basic legal mechanisms allowing tissue procurement from deceased donors. The summary is a synthetic and comprehensive presentation of current knowledge and the legal situation of corneal transplantation, which can prove useful in an appropriate interpretation of legal standards regarding such procedures.