21Administration of blood transfusions to children without parental consent

21 Administration of blood transfusions to children without parental consent

(1)  In this section  –

blood transfusion means the transfusion of human blood or any of the constituents of human blood;

child means a person who has not attained the age of 18 years.

(2)  The operation of removing all or part of the blood of a person and replacing it with blood taken from another person shall, for the purposes of this section, be deemed to be a blood transfusion.

(3)  [Section 21 Subsection (3) amended by No. 11 of 2024, s. 11, Applied:05 Sep 2024] Subject to subsection (4) , a medical practitioner may administer a blood transfusion to a child who is otherwise unable to give consent without the consent of a parent of the child or a person having authority to consent to the administration of the transfusion if –

(a) [Section 21 Subsection (3) amended by No. 11 of 2024, s. 11, Applied:05 Sep 2024] that medical practitioner and at least one other medical practitioner, or if another medical practitioner is not available, a paramedic, are of the opinion that the child is in danger of dying and that the administration of a blood transfusion to the child is the best means of preventing the death of the child; and

(b) [Section 21 Subsection (3) amended by No. 11 of 2024, s. 11, Applied:05 Sep 2024] the first-mentioned medical practitioner is satisfied that the blood to be transfused is compatible with the blood of the child.

(4)  A medical practitioner is not entitled to administer a blood transfusion to a child in pursuance of subsection (3) unless  –

(a) [Section 21 Subsection (4) amended by No. 11 of 2024, s. 11, Applied:05 Sep 2024] a parent of the child, or a person having authority to consent to the administration of the transfusion, upon being asked to consent to the administration of the transfusion, has failed to give consent; or