Objective We aimed to investigate the attitude and suggestion from doctors, pharmacists and civil servants concerning brain death and organ transplantation and the legislation. Methods A questionnaire with 10 sections and 44 questions was designed and distributed. The effective questionnaire data was then recorded and checked for descriptive analysis. Results In 1 400 questionnaires distributed, 1 063 were responded and 969 of them were valid and analyzed. The respondents showed an incomplete understanding of brain death and organ transplantation laws. Seventy-four percent of the respondents recognized and accepted the standard of brain death. They agreed that legislation should be involved in the removal of organs for transplantation, the future use of the organs, and insurance and compensation for the donor for possible health risks induced by organ removal. Of the 969 respondents, 92% considered it necessary to have legislation in brain death and organ transplantation, and 61% thought that it is time to legislate. Conclusion Legislation for brain death and organ transplantation is urgent and timely in China. The laws must include the respective rights and obligations of patients, close relatives, and medical institutions. Educating the public about brain death and organ transplantation should also be encouraged in a variety of ways.
As more and more issues have emerged in organ transplantion cases, there is an increasing dispute about the definition of death: whether the criteria of cardiopulmonary death or brain death should be applied. The conflict between rights and obligations in brain death and organ transplantion is becoming ever evident, and there is a need for clarity on the issue of death and organ transplantion. This needs to come through legislation, which would be the most economical and effective intervention to provide this clarity. The authors believe that the National People’s Congress of China (NPC), the Standing Committee of NPC, the State Council of China and the Supreme People’s Court of China may get involved in the legislation for issues related to brain death and organ transplantion. As for the selection of decrees related to brain death and organ transplantion, all provinces, autonomous regions and centrally-governed municipalities can not exercise corresponding local legislative power except for special economic zones. After brain death and organ transplant related laws, administrative regulations, local decrees, autonomous decrees and special decrees have been settled, relevant executive legislation may be enacted. During such a legislative procedure, pilot programs can be adopted so as to enhance the applicability and success rate of the legislation of brain death and organ transplant.
This paper introduces the current situation of patient safety movement in 20 years from its origin, and expounds the strategies of patient safety from six view points of medical reform, medical insurance, system, culture, education and training, and patient participation in patient safety, so as to promote the healthy development of patient safety work in China.