HUMAN TISSUE ACT 1983 - SECT 11A Medical practitioners' certificate--child not capable of understanding

HUMAN TISSUE ACT 1983 - SECT 11A

11A Medical practitioners' certificate--child not capable of understanding

(1) A medical practitioner who is of the opinion that a child is not, by reason of his or her age, capable of understanding the nature and effect of the removal of tissue from his or her body and the intended effect of its proposed transplantation, may certify in writing that--

(a) the consent in writing of a parent of a child, the terms of which consent are set out in the certificate, was given in the presence of the medical practitioner, and

(b) the medical practitioner explained to the parent, before the consent was given, the nature and effect of the removal from the child's body of the tissue specified in the consent and the intended effect of its proposed transplantation, and

(c) the medical practitioner is satisfied that--

(i) at the time the consent was given, the parent was of sound mind, and

(ii) at the time the consent was given, the parent understood the nature and effect of the removal of the tissue and the intended effect of its proposed transplantation, and

(iii) the consent was freely given, and

(d) the medical practitioner is of the opinion that the following conditions (
"the pre-conditions for child tissue donation" ) are satisfied--

(i) the child, by reason of his or her age, is not capable of understanding the nature and effect of the removal of the tissue and the intended effect of its proposed transplantation,

(ii) the brother or sister of the child is likely to die or suffer serious and irreversible damage to his or her health unless the tissue intended to be removed from the child is used in the treatment of that brother or sister,

(iii) any risk to the child's health (including psychological and emotional health) caused by the removal of the tissue is minimal.

(2) A certificate by a medical practitioner to the effect that the pre-conditions for child tissue donation are satisfied is effective only if a second medical practitioner, who is a specialist in paediatric medicine or paediatric transplants, also certifies in the certificate that--

(a) he or she is of the opinion that those pre-conditions are satisfied, and

(b) he or she provides that opinion as an independent medical practitioner, being a medical practitioner--

(i) whose primary role in providing an opinion in the case is to ensure the health of the child from whom the tissue is to be removed, and

(ii) who is not responsible for the care of the brother or sister in whose treatment the tissue is to be used.