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Violation of Law in Formation of Advisory Panel in Health News, ET HealthWorld

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Law Flouted In Constituting Advisory Panel, Health News, ET HealthWorld

In a recent investigation, the anti-corruption bureau (ACB) and city police of Jaipur, Rajasthan, have uncovered irregularities in the regulation of organ donation and transplant procedures. Under the Transplantation of Human Organs Act (THOA) of 1994, Rajasthan was required to establish separate advisory and state-level authorization committees. However, the state combined these committees with the same members, contrary to organ transplant regulations.

Moreover, the advisory-cum-state-level authorization committee formed by the medical education department did not include a legal expert, as mandated by law. The committee was chaired by Dr. Rajiv Bagarhatta, with two doctors, two social workers, the superintendent of SMS Hospital, and the deputy director of RajMes as members. This committee’s appointment raised concerns as the principal of SMS Hospital was chosen to lead the advisory committee instead of a senior-level bureaucrat as specified by the law.

According to THOA, the advisory committee plays a pivotal role in advising the appropriate authority in implementing the regulations. The appropriate authority possesses powers similar to a civil court, including issuing search warrants for suspected unauthorized activities related to human organ transplantation. In 2020, the state government amended THOA to replace the director of medical and health services with the additional director of the directorate of medical education.

The advisory committee under THOA should consist of various experts, including administrative, medical, legal, and social work professionals. Each member’s specific qualifications and expertise are crucial for ensuring transparency and adherence to organ transplant regulations. The investigation into these irregularities highlights the importance of proper governance and oversight in organ donation and transplant processes for the well-being of patients and the integrity of the healthcare system.

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