Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024
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Commercial purposes and consent for use | ||
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50. (1) Where it is intended that a part of a body of— | ||
(a) a deceased child, | ||
(b) a deceased adult, or | ||
(c) a deceased foetus, | ||
which is removed during a non-coronial post-mortem examination be retained and used for commercial purposes, including use by a pharmaceutical company, the person in charge of the hospital concerned shall in accordance with guidelines first give his or her approval. | ||
(2) Subject to subsection (10), a person in charge of a hospital may where he or she is satisfied it is appropriate to do so, and, in accordance with guidelines, approve the retention of a part of a body of a deceased child, deceased adult or deceased foetus for commercial use. | ||
(3) Subject to section 41 and the provisions of this section, an approval given under subsection (2), is approval for the commercial use of that part of the body. | ||
(4) Where the person in charge of a hospital has, in accordance with guidelines, approved the retention of a part of a body for commercial use under subsection (2) in respect of a deceased child, a registered medical practitioner shall seek post-mortem consent from a parent or guardian of the deceased child for the use of such part of a body for commercial purposes and, notwithstanding such approval, unless such consent is obtained, the part of a body shall not be used for those purposes. | ||
(5) Where the person in charge of a hospital has, in accordance with guidelines, approved the retention of a part of a body for commercial use under subsection (2) in respect of a deceased adult, a registered medical practitioner shall seek post-mortem consent from a designated family member for the use of such part of a body for commercial purposes and, notwithstanding such approval, unless such consent is obtained, the part of a body shall not be used for those purposes. | ||
(6) Where the person in charge of a hospital has approved the retention of a part of a body for commercial use under subsection (2), in respect of a deceased foetus, a registered medical practitioner shall seek post-mortem consent from the mother of the foetus or a person acting on her behalf for the use of such part of a body for commercial purposes and, notwithstanding such approval, unless such consent is obtained, the part of a body shall not be used for those purposes. | ||
(7) Where post-mortem consent has been provided in accordance with subsection (4), (5) or (6) and the part of a body retained from a non-coronial post-mortem examination is supplied to a third party, any arrangement in relation to such supply shall, in accordance with guidelines, be recorded and approved in writing by the person in charge of the hospital in which the non-coronial post-mortem examination took place. | ||
(8) Records referred to in subsection (7) shall be retained by the hospital for such period as shall be prescribed under section 40 . | ||
(9) Without prejudice to the generality of section 6 , the Minister shall issue guidelines in relation to the procedures for approval for the retention of parts of a body for commercial purposes. | ||
(10) A person or hospital shall not receive financial compensation or other non-financial inducements for any part of a body removed during a non-coronial post-mortem examination. | ||
(11) In this section, “person in charge” means, in relation to a hospital— | ||
(a) the chief executive officer (howsoever described) of the hospital, | ||
(b) the owner of the hospital, or | ||
(c) a suitably qualified person specified in that behalf for the purposes of this Act by a person referred to in paragraph (a). |