22BAuthorised donation by child

22B Authorised donation by child

[Section 22B of Part II Inserted by No. 11 of 2024, s. 13, Applied:05 Sep 2024]

(1)  The removal of tissue from a child’s body is authorised if –

(a) it is done –

(i) for the purpose of approved research; and

(ii) in accordance with the approval given in respect of that research, including any conditions of the approval; and

(b) consent is given in accordance with the National Statement; and

(c) one or more of the following applies:

(i) the approved research is for the benefit of the child;

(ii) the removal of the tissue occurs during a procedure that is for the benefit of the child and a medical practitioner is satisfied that the removal of the tissue for approved research is not likely to prejudice the health of the child;

(iii) a medical practitioner is satisfied that the removal of the tissue will involve a negligible or low risk of harm and minimal discomfort to the child.

(2)  For the purposes of subsection (1)(c)(ii) and (iii) , the medical practitioner must make a record of the practitioner’s satisfaction.

(3)  For the purposes of subsection (1)(c)(iii) , the medical practitioner’s satisfaction, and the record of that satisfaction, may relate to –

(a) a particular child or children; or

(b) a group of children that is or may be participating in stated approved research.