The legal regime of the medical act of transplantation in the Republic of Moldova
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SM ISO690:2012
SADOVEI, Nicolai. The legal regime of the medical act of transplantation in the Republic of Moldova. In: Patrimoniul cultural de ieri – implicaţii în dezvoltarea societăţii durabile de mâine, Ed. 7, 9-10 februarie 2023, Chişinău. Iași – Chișinău-Lviv: 2023, Ediția 7, pp. 154-155. ISSN 2558 – 894X.
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Patrimoniul cultural de ieri – implicaţii în dezvoltarea societăţii durabile de mâine
Ediția 7, 2023
Conferința "Yesterday’s cultural heritage – contribution to the development of tomorrow’s sustainable society"
7, Chişinău, Moldova, 9-10 februarie 2023

The legal regime of the medical act of transplantation in the Republic of Moldova

Regimul juridic al actului medical de transplant în Republica Moldova

CZU: 34:[614.253.83+616-089.843(478)

Pag. 154-155

Sadovei Nicolai
 
Moldova State University
 
 
Disponibil în IBN: 14 aprilie 2023


Rezumat

In the Republic of Moldova, the medical act is defined by the Law on the rights and responsibilities of the patient no. 263 of 27.10.2005 (Law no. 263/2005) and represents any examination, treatment, clinical research and as-sistance or other action applied to the patient with a prophylactic purpose, diag-nostic, curative (treatment), rehabilitation or biomedical research and performed by a doctor or other medical worker. The medical act of transplantation, in turn, can be deduced by the cumulative interpretation of the definition of the medical act from Law no.263/2005 with the definition of transplantation from a special law on the subject – Law on the transplantation of organs, tissues and human cells no.42 of 06.03.2008 (Law no. 42/2008). According to the provisions of art. 2 of Law no.42/2008, transplantation is a medical activity aimed at reconstituting the function of the human body through the equivalent transfer of organs, tissues and cells from a donor to a recipient. In the sense of the aforementioned, the medical act of transplantation is the medical intervention on human bodies, car-ried out by professionals, qualified under the law, with the aim of reconstituting the function of a human organism through the equivalent transfer of organs, tis-sues and cells from a donor to a welcoming. With reference to the legal regime of the medical act, in the specialized literature it has already been noted that it is necessary to differentiate between the common law of the medical act and the special law of the medical act (Clément Cousin, 2016). In this sense, the legal regime of the medical act of transplantation falls under the special law, being subject not only to special reg-ulations in the field of medical law (Law no. 42/2008), but also to more complex doctrinal approaches, focused on medical acts performed on the human body be-fore birth, during life and after death, of medical acts performed on the elements and products of the human body, separated from the human body, etc.