Human Tissue Act

Link to law: http://www.moj.gov.jm/laws/human-tissue-act
Published: 1972-08-24

HUMAN TISSUE c

THE HUMAN TISSUE ACT Act-
12 GL 1Y72,
36of?97D

SCh.

(24th August, 1972.1

1. This Act may be cited as the Human Tissne’Act. Shor: bde.

2. In this Act “relative” includes a relative by marriage. Interpiefa-
tlon.
3611976
Sch.

3.-(1) If any person, either in writing at any time or Remmal
of arts orally in the presence of two or more witnesses during his of Eo,ires

last illness, has expressed a request that his body or aiiy Zr$y’
specified part of his body be used after his death for thera-
peutic purposes or for purposes of medical education or
research, the person lawfully in possession of his body after
his death may, unless he has reason to believe that the
request was subsequently withdrawn, authorize the removal
from the body of any part or, as the case may be, the
specified part, for use in accordance with the request.

(2) Without prejudice to the provisions of subsec-
tion (l), the person lawfully in possession of the body of a
deceased person may authorize the removal of any part
from the body for use for the said purpose if, having made
such reasonable enquiry as may be practicable, he has no
reason to believe-

(a) that the deceased had expressed an objection to his
body being so dealt with after his death, and had
not withdrawn it; or

(b) that the surviving spouse or the nearest other
m0 inclusion of this page is authonzed by LN. 31/1977)

2 HUMAN TISSUE

surviving relative of the deceased objects to the
body being so dealt with.

(3) Subject to the provisions of subsections (4) and
(3, the removal and use of any part of a body in accordance
with an authority given in pursuance of this section shall be
lawful.

(4) No such removal shall be effected except by a
registered medical practitioner, who must have satisfied
himself by personal examination of the body that life is
extinct, and where a medical certificate of the cause of
death has been given in respect of the deceased, such re-
mo\al shall not be effected by the registered medical practi-
tioner by whom such certificate was given.

.

(5 ) Where person has reason to believe that an
inquest may be required to be held on any body or that
a post-morrem examination of any body may be required,
he shall not, except with the consent of the coroner-

(U) give an authority under this section in respect of

(6) act on such an authority given by any other
the body; or

person.

(6) No authority shall be given under this section in
respect of any body by a person entrusted with the body
for the purpose only of its interment or cremation or
custody prior thereto.

(7) In the case of a body lying in a hospital, nursing
home or other institution, any authority under this section
may be given on behalf of the person having the control
and management thereof by any officer or person desig-
nated for that purpose by the first-mentioned person.

F e inclwon of this pa&e is authorized by L.N. 3111977l

I

HUMAN TISSUE 3

(8) Nothing in this section shall be construed as
rendering unlawful any dealing with, or with any part of,
the body of a deceased person which is lawful apart from
this Act and no action shall lie against any registered
medical practitioner in respect of any act done by him in
good faith and in accordance with the provisions of this
Act in relation to the removal and use of any part of a
body.

subsection (4) of section 3 shall be guilty of an offence and
shall be liable on summary conviction before a Resident
Magistrate to a fine not exceeding one thousand dollars and
in default of payment to imprisonment for a term not ex-
ceeding six months or to both such fine and imprisonment.

(2) Any person who contravenes the provisions of
subsection (5) or subsection (6) of section 3 shall be guilty of
an offence and shall be liabIe on summary conviction before
a Resident Magistrate to a fine not exceeding five hundred
dollars and in default of payment to imprisonment for a
term not exceeding six months or to both such fine and
imprisonment.

4.-(1) Any person who contravenes the provisions of Offenca.

me indusion of this page is authorized by L.N. 480/1973]
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