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TRANSPLANTATION AND ANATOMY ACT 1979 - SECT 22 Authority to remove tissue where body of deceased in a hospital

TRANSPLANTATION AND ANATOMY ACT 1979 - SECT 22

Authority to remove tissue where body of deceased in a hospital

22 Authority to remove tissue where body of deceased in a hospital

(1) Subsection (2) applies if—
(a) the body of a deceased person is in a hospital; and
(b) it appears to a designated officer for the hospital, after making reasonable inquiries, that the deceased person had not, during his or her lifetime, expressed an objection to the removal after death of tissue from his or her body; and
(c) the senior available next of kin of the deceased person has consented to the removal of tissue from the body of the deceased person for—
(i) transplanting it to the body of a living person; or
(ii) use of the tissue for other therapeutic purposes or for other medical or scientific purposes.
(2) The designated officer may, by signed writing, authorise the removal of tissue from the body of the deceased person under the consent.
(3) The senior available next of kin of a person if he or she has no reason to believe that the person has expressed an objection to the removal after the person’s death of tissue from the person’s body for any of the purposes referred to in subsection (1) (c) , may make it known to a designated officer at any time before the death of the person that the senior available next of kin has no objection to the removal, after the death of the person, of tissue from the body of the person for any of the purposes referred to in subsection (1) (c) .
(3A) For subsections (1) (b) and (3) , a deceased person is not to be taken as having expressed an objection to the removal after death of tissue if—
(a) the deceased person expressed an objection but subsequently withdrew it; and
(b) the designated officer, or the senior available next of kin of the deceased person, believes the withdrawal is the most recent and reliable indication of the deceased person’s wishes.
(4) Where there are 2 or more persons of a description referred to in section 4 , definition senior available next of kin , paragraph (a) (i) to (iv) or (b)(i) to (iv), an objection by any 1 of those persons has effect for the purposes of this section notwithstanding any indication to the contrary by the other or any other of those persons.
(5) Where a deceased person, during his or her lifetime, by signed writing consented to the removal after death of tissue from his or her body for any of the purposes referred to in subsection (1) (c) and the consent had not been revoked by the deceased person, the removal of tissue from the body of the deceased person in accordance with the consent for any of those purposes is hereby authorised.
(6) A consent under subsection (1) (c) , and a communication under subsection (3) by the senior available next of kin, must be in writing.
(7) However, if it is not practicable for the consent or communication to be given in writing because of the circumstances in which it is given, it may be given orally.
(8) If the consent or communication is given orally under subsection (7) , the designated officer must ensure that, as soon as practicable—
(a) the fact of the giving of the consent or communication and the details of the consent or communication are reduced to writing and placed on the deceased person’s hospital records; and
(b) reasonable attempts are made to have the consent or communication confirmed in writing by the senior available next of kin.
(9) The designated officer must ensure that a document obtained under subsection (6) or (8) (b) is placed on the deceased person’s hospital records as soon as practicable.
(10) Subsection (8) does not affect the operation of subsection (7) .