|This Act has "Not in Force" sections. See the Table of Legislative Changes.|
|Part 1 — Gifts for Transplants While Donor Alive|
|2||Transplants under Act are lawful|
|3||Consent for transplant|
|Part 2 — Gifts for Transplants When Donor Dies|
|4||Consent by person for use of body after death|
|5||Consent by spouse or others for use of body after death|
|7||Determination of death|
|8||If specified use fails|
|Part 3 — General|
|10||Sale of tissue prohibited|
|11||Dealing contrary to public policy|
|12||Disclosure of information|
|13||Application of other Acts|
1 In this Act:
"consent" means a consent given under this Act;
"tissue" includes an organ, but does not include skin, bone, blood, blood constituent or other tissue that is replaceable by natural processes of repair;
"transplant" means the removal of tissue from a human body, whether living or dead, and its implantation in a living human body;
"writing" for Part 2 includes a will and any other testamentary instrument, whether or not probate has been applied for or granted and whether or not the will or other testamentary instrument is valid.
2 A transplant from one living human body to another living human body may be done in accordance with this Act, but not otherwise.
3 (1) A person who has reached age 19, is mentally competent to consent, and is able to make a free and informed decision, may sign a consent to the removal at once from the person's body of the tissue specified in the consent and its implantation in the body of another living person.
(2) Despite subsection (1), consent given by a person who had not reached age 19, was not mentally competent to consent, or was not able to make a free and informed decision is valid for this Act if the person who acted on it had no reason to believe that the person who gave it had not reached age 19, was not mentally competent to consent, and was not able to make a free and informed decision, as the case may be.
that the person's body or parts of it specified in the consent be used after the person's death for therapeutic purposes, medical education or scientific research.
(2) Despite subsection (1), consent given by a person who had not reached age 19 is valid for this Act if the person who acted on it had no reason to believe that the person who gave it had not reached age 19.
(3) On the death of a person who has given a consent under this section, the consent is binding and is full authority for the use of the body or the removal and use of the specified parts for the purpose specified.
(4) Despite subsection (3), a person must not act on a consent given under this section if the person has reason to believe that it was subsequently withdrawn, unless the consent was contained in a valid will of the deceased.
5 (1) If a person of any age who has not given a consent under section 4 dies, or in the opinion of a medical practitioner is incapable of giving a consent by reason of injury or disease and the person's death is imminent,
to the body or the parts of it specified in the consent being used after death for therapeutic purposes, medical education or scientific research.
(3) On the death of a person for whom a consent was given under this section, the consent is binding and is, subject to section 6, full authority for the use of the body or for the removal and use of the specified parts for the purpose specified.
(4) Despite subsection (3), a person must not act on a consent given under this section if the person has actual knowledge of an objection to it by the person for whom the consent was given or by a person of the same or closer relationship to the person for whom the consent was given than the person who gave the consent.
(a) the supervising coroner or a coroner in possession of the body under the Coroners Act,
(b) the Public Guardian and Trustee in possession of the body for its burial under the Public Guardian and Trustee Act,
6 If, in the opinion of a medical practitioner, the death of a person is imminent by reason of injury or disease and the medical practitioner has reason to believe that section 2, 3 or 4 of the Coroners Act may apply when death does occur and a consent under this Part has been obtained for a post mortem transplant of tissue from the body, a coroner having jurisdiction, even though that death has not yet occurred, may give directions the medical practitioner thinks proper for the removal of that tissue after the death of the person, and every direction given has the same effect as if it had been made after death under section 13 of the Coroners Act.
(2) A medical practitioner who has had any association with the proposed recipient of the post mortem transplant that might influence the medical practitioner's judgment must not take any part in the determination of the fact of death of the donor.
8 If a gift under this part cannot for any reason be used for any of the purposes specified in the consent, the subject matter of the gift and the body to which it belongs must be dealt with and disposed of as if no consent had been given.
9 No action or other proceeding for damages lies against a person for an act done in good faith and without negligence in the exercise or intended exercise of any authority conferred by this Act.
10 A person must not buy, sell or otherwise deal in, directly or indirectly, for a valuable consideration, any tissue for a transplant, or any body or parts other than blood or a blood constituent, for therapeutic purposes, medical education or scientific research.
11 Any dealing prohibited by section 10 is invalid as contrary to public policy.
may become known publicly.
the identity may be published by any person not sooner than one month after the date of the transplant.
13 (1) Except as provided in section 6, nothing in this Act affects the Coroners Act.
(2) The Health Care (Consent) and Care Facility (Admission) Act does not affect anything in this Act.
14 A person who knowingly contravenes this Act commits an offence and is liable, on conviction, to a fine of not more than $1 000, or to imprisonment for a term of not more than 6 months, or to both a fine and imprisonment.
(a) requiring notification of an agency described by subsection (2) (d), patients or relatives of patients so that consideration can be given in a timely manner to the giving of a consent in appropriate circumstances,
(b) a hospital as defined in section 1 of the Hospital Act or a licensed hospital as defined in section 5 of that Act,
(c) a community care facility as defined in section 1 of the Community Care and Assisted Living Act, or
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