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, definitionsenior 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) .