On 22/05/2013,
you requested for the version in force on 22/05/2013
incorporating all amendments published on or before 22/05/2013.
The closest version currently available is that of 26/07/2012.
PART IVA
LIVING DONOR ORGAN TRANSPLANTS
15A.
—(1) No person shall carry out or cause to be carried out any living donor organ transplant unless —
(a)
the specified organ is removed in a hospital with the written authorisation of the transplant ethics committee of the hospital; and
(b)
the donor of the specified organ has given his consent to the removal of the specified organ from his body and has not revoked or withdrawn the consent.
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(2) The transplant ethics committee of a hospital shall not give any authorisation under subsection (1) for the removal of the specified organ from the body of any living person unless it is satisfied that —
(a)
the person from whom the specified organ is to be removed has given his consent to such removal;
(b)
the person is not mentally disordered and, notwithstanding his age, is able to understand the nature and consequence of the medical procedures he has to undergo as a result of his donation of the specified organ; and
(c)
the consent referred to in paragraph (a) —
(i)
is not given pursuant to any contract or arrangement that is prohibited under section 14; and
(3) In determining whether to give any authorisation under subsection (1), the transplant ethics committee shall have regard to such considerations as may be prescribed or as may be directed by the Director.
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(4) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
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15B.
—(1) The licensee of a hospital in which any living donor organ transplant is intended to be carried out shall, with the approval of the Director, appoint a transplant ethics committee.
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(2) Every transplant ethics committee of a hospital shall consist of not less than 3 persons, of whom —
(a)
at least one shall be a medical practitioner not employed by or otherwise connected with the hospital; and
(b)
at least one shall be a lay person.
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(3) The transplant ethics committee appointed under subsection (1) shall assess and, where appropriate, give its written authorisation for the living donor organ transplant to be carried out.
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(4) Anything done by the transplant ethics committee of a hospital, a member of the transplant ethics committee, or any person acting under the direction of the transplant ethics committee or the Director, in good faith for the purposes of the exercise of the functions of the transplant ethics committee or in accordance with this Act, shall not subject the member or person personally to any action, liability, claim or demand.
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(5) Nothing in subsection (4) shall absolve any person from having to obtain the consent of a person before carrying out any medical procedure on that person.
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15C.
—(1) Where the Director is of the opinion that the transplant ethics committee of a hospital is not discharging its functions in accordance with this Act or in a satisfactory manner, the Director may do one or more of the following:
(a)
direct the transplant ethics committee to suspend all or any part of its activities;
(b)
direct the licensee of the hospital to remove or replace any member of the transplant ethics committee;
(c)
direct the licensee of the hospital to dissolve the transplant ethics committee and appoint a new transplant ethics committee in its place.
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(2) Until the direction of the Director issued under subsection (1) has been complied with —
(a)
the licensee of the hospital shall ensure that no living donor organ transplant authorised under section 15A(1) is carried out in the hospital; and
(b)
no person shall carry out any such living donor organ transplant in the hospital,
unless otherwise allowed by the Director and in accordance with such conditions as the Director may impose.
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(3) Any written authorisation given by the transplant ethics committee in respect of which a direction has been issued under subsection (1) shall remain valid unless rescinded by the Director.
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(4) Any person who contravenes subsection (2)(a) or (b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
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15D.
—(1) The Director may, from time to time, issue directions to the licensee or the transplant ethics committee of any hospital for any purpose specified in this Part or in relation to the operation of any of the provisions of this Part.
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(2) The Director may, at any time, amend or revoke any direction issued under subsection (1).
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(3) Any person to whom a direction has been issued under this section shall comply with the direction.
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