26Certificates required in certain situations

#### 26 Certificates required in certain situations 26 Certificates required in certain situations > > (1) Where— > > > > > (a) a person has died in a hospital or the body of a deceased person has been brought into a hospital, and > > > > > (b) at the time when the person died or at any time thereafter the person’s respiration or the circulation of the person’s blood was being maintained by artificial means, > > > > a designated officer for the hospital shall not give an authority under this Part in respect of the person unless each of 2 medical practitioners (not including the designated officer) has certified in writing— > > > > > (c) that the medical practitioner carried out a clinical examination of the person while the person’s respiration or the circulation of the person’s blood was being maintained by artificial means, and > > > > > (d) that, at the time of that examination, irreversible cessation of all function of the person’s brain had, in the opinion of the medical practitioner, already occurred. > > > > Maximum penalty—40 penalty units or imprisonment for 6 months, or both. > > > (1A) The 2 medical practitioners referred to in subsection (1) must not include— > > > > > (a) any medical practitioner who is responsible for, or involved in, the removal of tissue from the person’s body for the purpose of its transplantation to the body of another person, or > > > > > (b) any medical practitioner who is responsible for the care of the person who is the intended recipient of the tissue. > > > (2) At the time when the clinical examination referred to in subsection (1) is carried out— > > > > > (a) each of the 2 medical practitioners referred to in that subsection shall have practised medicine for a period or periods totalling not less than 5 years during the 8 years immediately preceding that time, and > > > > > (b) at least one of those medical practitioners shall be a designated specialist for the hospital referred to in that subsection. > > > (3) For the purposes of subsection (2) (a), any period during which a person has practised medicine in a place outside New South Wales in accordance with the law in force in that place shall be taken into account in calculating the period of 5 years referred to in that paragraph. > > **s 26:** Am 1992 No 112, Sch 1; 2005 No 82, Sch 2 \[10\].