Consultation process to include Circulatory Death certification for deceased organ, tissue and cell donation
This is a pro-life and progressive Government and therefore as such we need to promote the value and quality of life in various ways and aspects.
So far, our main legislative tool caters only for brain/neurological death for donation of organs, tissues and cells. Although over the years, donors following brain/neurological death saved many lives, since neurological and circulatory functions are inextricably linked, the cessation of circulatory function inevitably leads to the permanent loss of consciousness and all brainstem activity, and the organs yielded may be donated to save lives.
To ensure any organs which can save lives are available, a legislative intervention is required to provide further for human organs, tissues and cell donation and transplantation in Malta following neurological and circulatory death.
The legislative interventions are the following:
Article 12 (1) of the principal act shall be deleted and replaced with the following new Article 12 sub-article (1):
(1) Deceased organ, tissue and cell donation shall be considered in persons who are certified dead using neurological or circulatory criteria by a clinician.
Article 12 (2) of the principal act shall be deleted and replaced with the following new Article 12 sub-article (2):
(2) The Superintendent shall maintain updated and peer reviewed guidelines for the diagnosis of death using neurological and circulatory criteria for the purposes of organ, tissue and cell donation.
The objectives and reasons of these two amendments are to broaden the instances where human organs, tissue and cell donation may occur after neurological and circulatory death.
The amendment in the legislation can be viewed at https://health.gov.mt/wp-content/uploads/2025/12/Human-Organs-Tissues-and-Cell-Donation-Amendment-Act-2025.pdf
The criteria for neurological and circulatory death can be found at https://health.gov.mt/wp-content/uploads/2025/12/Determination-of-Death_criteria.pdf
