THE USE OF STEM CELLS IN THERAPEUTIC TREATMENT PROCEDURES: LEGAL AND ETHICAL ASPECTS

Abstract

The use of stem cells in therapeutic treatment procedures involves both legal and ethical aspects. The law and medical ethics walk hand-in-hand in this regard. The tremendous progress and advances in biomedical research, as well as developments in new treatment procedures, are contributing to more and more successes in the healing process. A consequence of these new biomedical techniques and treatments is that the law, and especially legislative requirements, cannot keep up with such techniques and treatments. At this stage there is no legislation in force in South Africa to regulate the use of stem cells in the therapeutic treatment of patients. The South African Parliament promulgated the National Health Act 61 of 2003 a few years ago, but, as at the time of writing, the sections dealing with stem cells are still not in force. These sections permit the therapeutic cloning of human stem cells and,
if it eventually comes into force, it will allow the therapeutic cloning of human stem cells for use to the benefit of patients, and will also assist practitioners. The legal and ethical aspects regarding the usage of stem cells in the therapeutic treatment of patients and not for research on stem cells, form the basis of this article. The discussion will include aspects such as stem cells and where they are derived from, patients’ rights to choose to make use of stem-cell therapy, informed consent for stem cell treatment, the recognition of novel treatment procedures, the practitioner’s scope of practice as well as legislative control to indicate the need for such control.