27CAuthority to carry out ante-mortem procedures

27C Authority to carry out ante-mortem procedures

27C Authority to carry out ante-mortem procedures

(1) A designated officer in relation to a hospital may authorise the carrying out of an ante-mortem procedure if the potential tissue donor provides consent.

(2) If the potential tissue donor lacks the capacity to provide consent under subsection (1), the designated officer may authorise the carrying out of an ante-mortem procedure if—

(a) there are one or more senior available next of kin of the potential tissue donor and a senior available next of kin provides consent under section 27D, or

(b) there are no known senior available next of kin of the potential tissue donor and the designated officer is satisfied that—

(i) the potential tissue donor has, during the potential tissue donor’s lifetime, provided consent in writing to the removal of tissue for a relevant purpose, and

(ii) the consent has not been revoked, and

(iii) the potential tissue donor has not expressed an objection to the carrying out of an ante-mortem procedure on the potential tissue donor.

(3) Despite subsections (1) and (2), a designated officer must not give an authorisation unless—

(a) the designated officer is reasonably satisfied an authorisation to remove tissue after the death of the potential tissue donor under the Act, Part 4 will be given, and

(b) a prescribed practitioner has certified in writing that the prescribed practitioner is reasonably satisfied—

(i) the death of the potential tissue donor is imminently expected, and

(ii) the carrying out of an ante-mortem procedure on the potential tissue donor will not—

(A) hasten the death of the potential tissue donor, or

(B) cause more than minimal harm to the potential tissue donor, or

(C) cause undue risk to the potential tissue donor.

(4) In this section—

experienced medical practitioner means a medical practitioner who has been a registered medical practitioner for at least 5 years.

prescribed practitioner means a designated specialist or, if a designated specialist is not available, an experienced medical practitioner, who is not involved in—