Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024
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Removal and retention of organs and other body parts during non-coronial post-mortem examination | ||
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43. (1) Where post-mortem consent is provided for a non-coronial post-mortem examination, any part of a body of a deceased adult, child or foetus on whose body the examination is performed may, by virtue of such consent, be removed from the body during the non-coronial post-mortem examination and used thereafter for the purposes of such examination. | ||
(2) Where part of a body is removed in accordance with subsection (1), a tissue sample may be taken from that part and retained in accordance with subsection (3). | ||
(3) A tissue sample removed for diagnostic purposes during a non-coronial post-mortem examination in accordance with subsection (2) and held on blocks or slides for this purpose shall be retained in the records of the hospital that carried out the examination for such period as shall be prescribed under section 40 and shall— | ||
(a) in the case of a non-coronial post-mortem examination of an adult or child, form part of the medical records of the adult or child concerned, or | ||
(b) in the case of a non-coronial post-mortem examination of a foetus, form part of the medical records specified for that purpose in accordance with the procedures of the hospital concerned and any guidelines made in that regard. | ||
(4) A part of a body, other than a part of a body indicated in that behalf under section 41 (2)(b) as likely to be removed, shall not be removed from a body during a non-coronial post-mortem examination. | ||
(5) The removal of any part of a body during a non-coronial post-mortem examination, other than for the purpose of that examination, shall require post-mortem consent. | ||
(6) 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. | ||
(7) Subject to section 50 , any part of a body removed during a non-coronial post-mortem examination shall not be used for commercial purposes. | ||
(8) A part of a body that was removed during the course of a non-coronial post mortem examination carried out before the date on which this section comes into operation, may be retained to be used for purposes associated with the non-coronial post-mortem examination without post-mortem consent but such part of a body shall not be sold or used for commercial purposes other than in accordance with the post-mortem consent. |