Medical Suitability Criteria Regulation

(no amdt) alberta regulation 23/2023 Human Tissue and Organ Donation Act MEDICAL SUITABILITY CRITERIA REGULATION Definition 1 In this Regulation, “Act” means the Human Tissue and Organ Donation Act . Criteria to assess medical suitability 2 (1) A determination under section 7(2)(a) of the Act that a person’s tissue is not medically suitable for transplantation may be made if (a) the person is 81 years of age or older, (b) the person has used an intravenous drug for non‑medical purposes within the 5 years preceding the determination, (c) one or more of the following diagnoses apply to the person: (i) HIV (human immunodeficiency virus); (ii) West Nile virus; (iii) Creutzfeldt‑Jakob disease; (iv) rabies; (v) hepatitis B; (vi) hepatitis C; (vii) multiple sclerosis; (viii) amyotrophic lateral sclerosis; (ix) dementia; (x) Alzheimer’s disease; (xi) Parkinson’s disease; (xii) active leukemia; (xiii) active lymphoma; (xiv) myeloma, or (d) any deferral criteria established by a donation organization apply to the person or the person’s tissue. (2) A determination under section 7(2)(a) of the Act that a person’s organs are not medically suitable for transplantation may be made if (a) the person is not receiving mechanical ventilatory support, (b) the person is 70 years of age or older and does not meet nor is imminently expected to meet neurologic criteria for the determination of death, (c) the person is an infant born after a period of gestation of less than 36 weeks and weighs less than 2.5 kg, (d) mechanical ventilatory support and vasopressor drugs cannot sustain blood pressure and oxygen levels adequate to preserve organ function in the person, (e) one or more of the following diagnoses apply to the person: (i) active hematologic malignancy; (ii) active non‑central nervous system malignancy; (iii) West Nile virus; (iv) Creutzfeldt‑Jakob disease; (v) rabies; (vi) encephalitis of unknown etiology, or (f) any deferral criteria established by a donation organization apply to the person or the person’s organs. Expiry 3 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on April 1, 2028. Coming into force 4 This Regulation comes into force on the coming into force of section 11(b) of the Human Tissue and Organ Donation (Mandatory Referral) Amendment Act, 2022 .