Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024

Records to be kept in relation to donated anatomical specimens

76. (1) A responsible person shall cause to be maintained in writing or such other form as he or she considers appropriate, or the Medical Council may from time to time specify, a record (in this section referred to as “the record”) in respect of the bodies received by the licensed institution for purposes of anatomical examination at the institution.

(2) Without prejudice to the generality of subsection (1), the following documents relating to a body received by a licensed institution shall be retained as part of the record:

(a) a copy of the anatomical consent;

(b) a copy of the medical certificate of the cause of death.

(3) The record shall be—

(a) maintained in a secure and permanent form, and

(b) made available for inspection by the Medical Council or its officers duly authorised as authorised officers.

(4) Where an anatomical specimen is loaned or transferred to another licensed institution or a like institution outside the State, a copy of the record shall be transferred with the specimen and retained by each of the other institutions where that specimen is loaned or transferred, however a copy of the records shall also be retained by the responsible person at the licensed institution which first received such specimen for anatomical examination.

(5) Where an anatomical specimen is disposed of by a licensed institution, the records in respect of the specimen shall be kept and maintained in accordance with law.

(6) The responsible person shall prepare and maintain a written statement specifying the policies and procedures in place in the licensed institution to ensure that—

(a) there is in place in the licensed institution—

(i) a record management system sufficient to ensure data protection and confidentiality, and

(ii) a documented internal audit system, with an appropriate schedule and accountability,

and

(b) members of staff of the licensed institution are appropriately qualified and trained in respect of the duties to which they are assigned or delegated as the case may be.

(7) A copy of the written statement referred to in subsection (6) shall be made available for inspection by the Medical Council or its officers duly authorised as authorised officers.