Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024
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Regulations for purposes of Part, including regulations to apply to certain aspects of coronial post-mortem examinations that take place in hospitals | ||
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40. (1) Subject to subsections (3) and (4), the Minister may make such regulations as he or she considers necessary or expedient for the management in the most respectful and appropriate manner possible of post-mortem activities and coronial post-mortem examinations that take place in a hospital. | ||
(2) Without prejudice to the generality of subsection (1), regulations under subsection (1) may provide for all or any of the following matters: | ||
(a) procedures for the retention, storage, disposal or return of material removed from the body as part of the coronial or non-coronial post-mortem examination, where such action is consistent with guidelines but shall not include tissue samples held on blocks or slides, trimmings or bodily fluids removed during the examination; | ||
(b) the arrangements to be put in place by hospitals for— | ||
(i) the management of authorisations (within the meaning of section 2 of the Act of 1962) under section 33F of that Act, | ||
(ii) the designation of persons or classes or persons responsible for the management of such authorisations, and | ||
(iii) the carrying out of the authorisations received from the coroner in that regard; | ||
(c) incidents and particulars of incidents to be notified to the Authority; | ||
(d) prescribing the retention periods for records and samples arising from non coronial post-mortem activities, each of which periods (other than in the case of records and samples which are toxicology samples, trimmings or bodily fluids) shall not be less than 5 years; | ||
(e) any other matters which are necessary or expedient for the purposes of giving effect to subsection (1). | ||
(3) Before making regulations under subsection (1), the Minister shall consult such persons as he or she considers appropriate including all or any of the following: | ||
(a) the Executive; | ||
(b) the Authority; | ||
(c) the Minister for Justice; | ||
(d) the Chief State Pathologist; | ||
(e) a representative of the Coroners Society of Ireland; | ||
(f) a pathologist from the Royal College of Physicians of Ireland, Faculty of Pathology; | ||
(g) a relevant patient advocacy group. | ||
(4) For the avoidance of doubt, nothing in section 39 , this section or regulations made thereunder shall operate to prevent a coroner or any other person from complying with his or her obligations under the Coroners Acts 1962 to 2024. |