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Duties to persons who stood in a qualifying relationship in relation to transplantation
Dr Evan Harris
NC3
To move the following Clause:—
'(1) It shall be the duty of the person to whom the duty under section [determination of consent for removal, storage and use of organs from adults for purpose of transplantation] applies to—
| (a) | inform the person or persons who stood in a qualifying relationship to the deceased immediately before the death of the deceased of his or their rights under this section, and |
| (b) | to provide him or them with an opportunity to exercise those rights. |
(2) Those rights are—
| (a) | to be informed about the operation of relevant provisions of this Act, |
| (b) | to signify an objection to the removal of a relevant organ for a reason specified in subsections (3) to (5). |
(3) The reason specified in this subsection is that the deceased person had made known his decision to make all his organs, or a relevant organ, unavailable for removal for the purpose of transplantation even though he had not informed the Authority for the purpose of the making of an entry in the register.
(4) The reason specified in this subsection is that—
| (a) | the deceased person had made known his decision to make all his organs, or a relevant organ, unavailable for removal for the purpose of transplantation, and |
| (b) | he had informed the Authority accordingly, but |
| (c) | a relevant entry was not made in the register, or |
| (d) | the appropriate entry in the register was not amended accordingly. |
(5) The reason specified in this subsection is that the removal of a relevant organ for the purpose of transplantation would cause significant distress to any person who stood in a qualifying relationship to the deceased immediately before his death.
(6) The person to whom the duty under subsection (1) applies may designate another person to perform activities in relation to that duty.
(7) It shall be the duty of the person to whom the duty under subsection (1) applies to secure that any person designated under subsection (6) to perform activities is a suitable person to participate in the carrying-on of those activities.
(8) The qualifying relationships for the purposes of this section are—
(9) The qualifying relationships shall be ranked in the order given in subsection (8) for the purposes of subsection (1).
(10) Relationships in the same paragraph of subsection (8) shall be accorded equal ranking for those purposes.
(11) The duty under subsection (1) shall apply in relation to the person or persons whose relationship to the person who has died is accorded the highest ranking in accordance with subsections (8) to (10).
(12) If two or more persons are accorded equal ranking in accordance with subsections (8) to (10), the duty under subsection (1) shall apply to all of the persons accorded that ranking.
(13) In applying the principles set out above, a person's relationship shall be left out of account if—
| (a) | he does not wish to exercise his rights under this section, |
| (b) | he is not able to exercise those rights, or |
| (c) | it is not reasonably practicable to communicate with him within the time available before the organ or organs must be removed. |
(14) Nothing in this section affects the general professional obligations of registered medical practitioners in relation to the family of the deceased.'.
Elective ventilation for transplantation
Mr Desmond Swayne
Julia Drown
Mr Andrew Selous
NC5
To move the following Clause:—
'(1) This section applies where—
| (a) | a patient is in a hospital, nursing home or other institution; and |
| (b) | the person having the control and management of the institution reasonably believes that— |
| (i) | consent making removal of part of the body of the patient, after he has died, for transplantation lawful has been, or will be, given, |
| (ii) | part of the body of the patient is or may be suitable for use for transplantation after he has died, and |
| (iii) | elective ventilation would be appropriate. |
(2) Where this section applies it shall be lawful for the person having the control and management of the institution to administer elective ventilation.
(3) Authority under subsection (2) shall only extend to the taking of the minimum steps necessary for the purpose mentioned in that provision.
(4) Authority under subsection (2) ceases to apply once it has been established that consent making removal of the part for transplantation lawful has not been, and will not be, given.
(5) Authority under subsection (2) shall extend to any person authorised to act under the authority by—
| (a) | the person on whom the authority is conferred by that subsection, or |
| (b) | a person authorised under this subsection to act under the authority. |
(6) In this section, "elective ventilation" means the use of artificial ventilation in a comatose patient who is close to death from severe brain damage for the purpose of protecting part of the body of the patient for transplantation after he has died rather than for the benefit of the patient himself.'.
As an Amendment to Mr Desmond Swayne's New Clause (Elective ventilation for transplantation) (NC5):—
Dr Evan Harris
Mr Paul Burstow
Mrs Patsy Calton
Sarah Teather
(a)
*Line 9, after 'died', insert—
| '( ) | a decision of the patient to consent to the activity is in force,'. |
Mr Secretary Reid
108
Page 2, line 32 [Clause 1], at end insert—
'(6A) Subsection (1)(d) does not apply to the storage of relevant material for use for the purpose of research in connection with disorders, or the functioning, of the human body if—
| (a) | the material has come from the body of a living person, and |
| (b) | the research falls within subsection (6C). |
(6B) Subsection (1)(f) does not apply to the use of relevant material for the purpose of research in connection with disorders, or the functioning, of the human body if—
| (a) | the material has come from the body of a living person, and |
| (b) | the research falls within subsection (6C). |
(6C) Research falls within this subsection if—
| (a) | it is ethically approved in accordance with regulations made by the Secretary of State, and |
| (b) | it is to be, or is, carried out in circumstances such that the person carrying it out is not in possession, and not likely to come into possession, of information from which the person from whose body the material has come can be identified.'. |
Mr Secretary Reid
109
Page 2, line 38 [Clause 1], after '(4)', insert ', (6A) or (6B)'.
Mr Secretary Reid
67
Page 2, line 42 [Clause 1], at end insert—
'( ) Nothing in this section applies to—
| (a) | the use of relevant material in connection with a device to which Directive 98/79/EC of the European Parliament and of the Council on in vitro diagnostic medical devices applies, where the use falls within the Directive, or |
| (b) | the storage of relevant material for use falling within paragraph (a).'. |
Mr Paul Burstow
Mrs Patsy Calton
Sarah Teather
Dr Evan Harris
10
Page 2, line 45 [Clause 1], at end insert—
'(10) In this section, "use" does not include any activity authorised by or under section 44.'.
Mr Secretary Reid
48
Page 3, line 16 [Clause 2], leave out from 'activity' to end of line 17 and insert 'is one to which subsection (4A) applies,'.
Mr Secretary Reid
49
Page 3, line 18 [Clause 2], at end insert—
'(4A) This subsection applies to an activity involving storage for use, or use, for the purpose of—
| (b) | where the subject-matter of the activity is not excepted material, anatomical examination.'. |
Mr Secretary Reid
50
Page 3, line 24 [Clause 2], leave out from 'activity' to end of line 25 and insert 'is not one to which subsection (4A) applies,'.
Mr Paul Burstow
Mrs Patsy Calton
Sarah Teather
Dr Evan Harris
7
Page 3, line 40 [Clause 3], after 'alive', insert 'and subsection (2A) does not apply'.
Mr Paul Burstow
Mrs Patsy Calton
Sarah Teather
Dr Evan Harris
8
Page 3, line 40 [Clause 3], at end insert—
'(2A) This subsection applies where the person concerned is alive, but lacks the capacity to give consent.
(2B) Where subsection (2A) applies, "appropriate consent" means the consent of a person who stands in a qualifying relationship to him.'.
Mr Secretary Reid
51
Page 3, line 41 [Clause 3], leave out from 'activity' to end of line 42 and insert 'is one to which subsection (3A) applies,'.
Mr Secretary Reid
52
Page 3, line 43 [Clause 3], at end insert—
'(3A) This subsection applies to an activity involving storage for use, or use, for the purpose of—
| (b) | where the subject-matter of the activity is not excepted material, anatomical examination.'. |
Mr Secretary Reid
53
Page 4, line 10 [Clause 3], leave out from 'activity' to end of line 11 and insert 'is not one to which subsection (3A) applies,'.
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