s.18Authority to remove tissue after death
18
Section 18Part 4 — Donations of Tissue After Death

Authority to remove tissue after death

←→ Navigate  ·  Click subsection badges to collapse  ·  Press ? for help

If a registered medical practitioner, a prescribed person or a person belonging to a prescribed class of persons, is satisfied after making such inquiries as are reasonable in the circumstances in relation to a person who has died that —
the person had, during the person's lifetime, given that person's consent in writing to the removal after that person's death of tissue from that person's body for the purpose of —
its transplantation to the body of a living person; or
its use for other therapeutic purposes or for medical purposes or scientific purposes; and
the consent had not been revoked,
the registered medical practitioner, prescribed person or person belonging to a prescribed class of persons, may remove or authorise the removal of tissue from that person's body in accordance with the terms and conditions of the consent.
A registered medical practitioner, a prescribed person or a person belonging to a prescribed class of persons, who removes or authorises the removal of tissue under subsection (1) from the body of a deceased person shall immediately advise the next of kin of the deceased person that that medical practitioner has removed or authorised the removal of, tissue in accordance with the wish or consent of the deceased person.
A registered medical practitioner, a prescribed person or a person belonging to a prescribed class of persons, shall not remove or authorise the removal of tissue under subsection (1) from the body of a deceased adult who at the time that the consent was given lacked capacity to consent.
A registered medical practitioner, a prescribed person or a person belonging to a prescribed class of persons, shall not remove or authorise the removal of tissue under subsection (1) —
from the body of a deceased child; or
from the body of any other deceased person unless —
where the respiration or the circulation of the blood of the deceased person is not being maintained by artificial means, a registered medical practitioner (not being the first-mentioned registered medical practitioner) has certified in writing —
that that registered medical practitioner has carried out a clinical examination of the person; and
that, in that registered medical practitioner's opinion, the person has died within the meaning of section 2(4); or
where the respiration or the circulation of the blood of the deceased person is being maintained by artificial means, two registered medical practitioners (neither of whom is the first-mentioned registered medical practitioner and each of whom has been for a period of not less than five years a registered medical practitioner) have each certified in writing —
that that registered medical practitioner has carried out a clinical examination of the person while the respiration or the circulation of the blood of that person was being maintained by artificial means; and
that, in that registered medical practitioner's opinion, at the time of examination, irreversible cessation of all function of the brain stem of the person had already occurred.
For the purposes of subsection (4), any period during which a person who is a registered medical practitioner practised as a registered medical practitioner, however described, under the law in force in a place outside the Islands is to be taken into account in calculating the period of five years referred to in that subsection.
Without limitation to the foregoing, where a registered medical practitioner, a prescribed person or a person belonging to a prescribed class of persons, has authorised the removal of tissue from the body of a deceased person in accordance with this section, the registered medical practitioner, prescribed person or person belonging to a prescribed class of persons, as the case may be, may direct that the body of the deceased person be preserved (whether by refrigeration or otherwise) for up to seventy-two hours following the death of the deceased person prior to the removal of such tissue.

Defined Terms

prescribed personregistered medical practitionertissue

Cross References

Referenced By