---
kind: "section"
citation: "42 C.F.R. § 482.90"
title: "42"
number: "482.90"
heading: "Condition of participation: Patient and living donor selection."
url: "https://uscodex.org/cfr/42/482.90"
---

# §482.90. Condition of participation: Patient and living donor selection.


The transplant program must use written patient selection criteria in determining a patient's suitability for placement on the waiting list or a patient's suitability for transplantation. If a program performs living donor transplants, the program also must use written donor selection criteria in determining the suitability of candidates for donation.

- (a) **Standard: Patient selection.** Patient selection criteria must ensure fair and non-discriminatory distribution of organs.
  - (1) Prior to placement on the program's waiting list, a prospective transplant candidate must receive a psychosocial evaluation, if possible.
  - (2) Before a transplant program places a transplant candidate on its waiting list, the candidate's medical record must contain documentation that the candidate's blood type has been determined.
  - (3) When a patient is placed on a program's waiting list or is selected to receive a transplant, the center must document in the patient's medical record the patient selection criteria used.
  - (4) A transplant program must provide a copy of its patient selection criteria to a transplant patient, or a dialysis facility, as requested by a patient or a dialysis facility.
- (b) **Standard: Living donor selection.** The living donor selection criteria must be consistent with the general principles of medical ethics. Transplant programs must:
  - (1) Ensure that a prospective living donor receives a medical and psychosocial evaluation prior to donation,
  - (2) Document in the living donor's medical records the living donor's suitability for donation, and
  - (3) Document that the living donor has given informed consent, as required under [§ 482.102](/cfr/42/482.102.md).

## Notes

### Amendments

[72 FR 15273, Mar. 30, 2007, as amended at 84 FR 51822, Sept. 30, 2019]

### Source

Source: 72 FR 15273, Mar. 30, 2007, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 1302, 1395hh, and 1395rr, unless otherwise noted.

### Source

Source: 51 FR 22042, June 17, 1986, unless otherwise noted.

### Amendments

[72 FR 15273, Mar. 30, 2007, as amended at 84 FR 51822, Sept. 30, 2019]