Acts and Regulations

2014, c.113 - Human Tissue Gift Act

Full text
Required request
8(1)If a person dies in a hospital and a consent has not already been given under this Act, the regional health authority shall, as soon as practicable after the death of the person, request the consent of, or cause consent to be requested from, the person entitled to consent on behalf of the deceased under the Act to use the body of the deceased person or any specified part for therapeutic purposes or for the purposes of medical education or scientific research.
8(2)A request under subsection (1) shall not be made if a person designated for the purpose of this section by the regional health authority or a medical practitioner determines that
(a) the body or part of the body of the deceased person could not be used for therapeutic purposes or for the purposes of medical education or scientific research because of its condition,
(b) there is no need for the use of the body or part of the body of the deceased person for therapeutic purposes or for the purposes of medical education or scientific research, or
(c) the emotional and physical condition of the person to whom the request would be made makes the request inappropriate.
8(3)If a person designated for the purpose of this section by the regional health authority or a medical practitioner makes a determination that a request should not be made, the reasons for the determination shall be placed in the medical record of the deceased person.
8(4)A regional health authority shall provide to the Minister of Health the information in the form that the Minister may request for the purpose of monitoring compliance with this section.
2004, c.H-12.5, s.8; 2006, c.16, s.88