What are the legal restrictions on the sale of organs and tissues derived from biomedical research?
In Washington, the sale of organs and tissues derived from biomedical research is subject to numerous legal restrictions. The Washington state Physician-Patient Act (RCW 18.71.120) prohibits the sale of any human organ, tissue, or part, with the exception of the sale of corneas that are donated by a living donor. The Act requires that potential recipients must be informed of their right to obtain organs, tissues or parts without paying or giving anything of value, and that only physicians and organizations licensed by the state Department of Health may conduct the transfer of such organs and tissues. The Washington state Revised Code (RCW 7.70.120) also prohibits the sale of any animal tissues from research, except for those tissues specifically authorized by law. The sale of such tissues must be conducted by a licensed veterinarian who has obtained the proper permission from the state Department of Health. These laws also require that any sale of animal tissues must be accompanied by a written certificate of medical necessity from a licensed veterinarian, which states that the tissue is needed for medical purposes. Furthermore, the Washington state Constitution (Article XI Section 4) states that is it illegal to exploit any animal, plant, or tissue for commercial gain or financial reward without a license or permit. This includes the sale of any organs or tissues sourced from biomedical research.
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