The Health Department of the Government of Taiwan on August 4, 2006 promulgated an administrative order which provides that a physician would be in violation of medical ethics and subject to disciplinary action if the physician
- introduces or refers patients to a broker,
- introduces or refers patients to a country where laws or regulations do not prohibit organ trade or organ brokerage or the information on the source of organs is not transparent,
- contacts organ transplant agencies abroad and brokers patients,
- takes patients abroad for organ transplants and receives remuneration.
The Taiwan Legislature on November 22, 2012 resolved that the Department of Health must require major medical institutions and physicians to record the country of transplant and hospital information (including surgeons) of any patient who received an organ transplant in a foreign country. The recording must be done when the patients apply for postoperative health insurance payment after returning home.
Human Organ Transplantation Act, 2015 amended and promulgated.
The Taiwan legislature, the Yuan, on June 12, 2015, amended The Human Organ Transplantation Act to prohibit the use of organs from executed prisoners, as well as the sale, purchase and brokering of organs. The law bans transplant tourism. Additionally, doctors involved in illegal organ transplants could lose their license.
The Act further stipulates that patients who get organ transplants overseas must provide legal proof of the source of the organs in order to be eligible for state funded medical after care in Taiwan. The Act thus prohibits Taiwanese from receiving organs from unknown sources.
- 1-5 year criminal sentence against any broker, organ trade and organ tourism, within Taiwan or outside Taiwan, no matter the foreign laws punish so or not. If doctors engage in brokerage, their license will be revoked.
- If organ transplant is done abroad, patients need to file a report with Taiwanese hospitals about the country and hospital where the transplantation took place and which organ was transplanted when seeking aftercare in Taiwan. If failing to do so, hospital will be fined.
Democratic Progressive Party Legislator Yu Mei nu said that many Taiwanese go to China for illegal organ transplantations. She added that the Chinese regime is actively involved in the organ trade, which depends heavily on the harvesting of organs from living Falun Gong practitioners. She continued: “We hope to effectively deter organ trafficking and its sales with this amendment, … That is why the law was amended to require those who have received organ transplants abroad to provide information to domestic hospitals where they are to receive post transplant treatment about where the surgery was done and who the surgeons were, … The domestic hospitals then have to report the cases they deal with,”
Legislator Hsu Shao ping of the Kuomintang commented:
“Those who harvest organs from living people and sell them for profit are committing a crime against humanity according to International Criminal Law.”
Tien Chiu chin, a Taiwanese legislative member from the Democratic Progressive Party and sponsor of the resolution said: “The Act clearly forbids organ trafficking, sales, and transplant tourism and stipulates penalties. It also bans the use of organs from death row prisoners. Taiwan’s organ transplant regulations have reached international standards,”