Anatomy
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Act
28 of 1989
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–9 ..
ANATOMY ACT
CHAPTER 28:06
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Note on Subsidiary Legislation
This Chapter contains no subsidiary legislation.
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Anatomy Chap. 28:06 3
CHAPTER 28:06
ANATOMY ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Establishment of schools of anatomy.
4. Licence to practise anatomy.
5. Appointment of Inspector of school of anatomy.
6. Inspector to make returns.
7. Inspector to inspect schools.
8. Person having lawful custody of body may permit anatomical
examination.
9. Person directing anatomical examination of his body.
10. Removal of body for anatomical examination, and provision for burial.
11. Anatomical examination to be conducted only at authorised places.
12. Person practising anatomy to do so in orderly manner.
13. Post-mortem examination not prohibited.
14. Post-mortem examination.
15. Offences.
16. Regulations.
17. Rules.
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CHAPTER 28:06
ANATOMY ACT
An Act to provide for the establishment and control of schools
of anatomy, the granting of licences to practise anatomy,
and for other matters incidental thereto.
[20TH JULY 1989]
1. This Act may be cited as the Anatomy Act.
2. In this Act—
“anatomy” means human anatomy;
“body” means a dead human body;
“Minister” means the Minister to whom responsibility for health
is assigned;
“nearest relative” means—
(a) a spouse; or
(b) where there is no spouse, or where the spouse is
unavailable, a son or daughter at least eighteen
years of age; or
(c) where there is no son or daughter at least eighteen
years of age, or where any sons or daughters at
least eighteen years of age are unavailable, a
parent or legal guardian; or
(d) where there is no parent or legal guardian, or
where the parent or parents or the legal guardian
or legal guardians is or are unavailable, a brother
or sister at least eighteen years of age who is
available;
“teacher of medicine” means and includes any person who is
employed or engaged as a professor or teacher of anatomy,
pathology, medicine, surgery or obstetrics in any school of
anatomy established under this Act.
28 of 1989.
Commencement.
Short title.
Interpretation.
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3. The Minister may from time to time authorise the
establishment of schools of anatomy where the study and practice
of anatomy may be carried out.
4. (1) The Minister may, subject to such conditions as
he thinks fit, grant a licence to practise anatomy to any person
who is appointed to a school of anatomy established under
this Act as a teacher of medicine in such school, or to any
student attending any such school, on application from any
such person.
(2) No person shall receive or have in his possession for
anatomical examination, or for examination anatomically, any body,
unless he is the holder of a licence under subsection (1).
(3) Every such licence shall state the school at which it
shall be lawful for the licensee to practise anatomy.
5. (1) The Minister may from time to time appoint one or
more Inspectors for every school, and direct in what manner any
such Inspector shall transact the duties of his office.
(2) Every Inspector shall continue in office for one year
or until some other person is appointed in his place.
(3) Where an Inspector dies or is removed from office, or
neglects or refuses or becomes unable to act, the Minister may
appoint another person in his place.
6. Every Inspector of a school of anatomy shall make a
quarterly return to the Minister of every body which during
the preceding quarter has been removed for anatomical
examination to such school, or which may have been removed
to any other place under the provisions of section 11,
distinguishing the sex, name and age of the person whose body
was so removed.
7. The Inspector may visit and inspect at any time the school
of anatomy for which he is appointed Inspector.
Establishment of
schools of
anatomy.
Licence to
practise
anatomy.
Appointment of
Inspector of
school of
anatomy.
Inspector to
make returns.
Inspector to
inspect schools.
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6 Chap. 28:06 Anatomy
8. (1) Any person having lawful custody of a body and not
being an undertaker or other person entrusted with the body for
the purpose only of interment or cremation may permit the body
to undergo anatomical examination, unless to his knowledge the
deceased had expressed a desire, either in writing at any time, or
orally in the presence of two or more witnesses during the illness
whereof he died, that his body after death should not undergo such
examination, or unless his nearest relative requires the body to be
interred or cremated without such examination.
(2) Without prejudice to the generality of subsection (1),
it is hereby declared that for the purposes of this Act the following
persons shall be persons having the lawful possession of bodies as
herein mentioned, that is to say—
(a) the Senior Medical Officer of any hospital and
the Superintendent of any prison, in respect of
the body of any person who dies in such hospital
or prison;
(b) the keeper of any public establishment wherein
destitute persons are housed, in respect of the
body of any person who dies therein.
9. (1) Subject to subsection (2), where any person, either in
writing at any time, or orally in the presence of two or more
witnesses during his last illness—
(a) directs that after his death his body be examined
anatomically, or
(b) nominates any person licensed to practise
anatomy under this Act to make such examination,
then the person in lawful custody of the body shall allow such
examination to be made by the nominee or in his absence, by any
other person licensed to practise anatomy under this Act.
(2) No anatomical examination under subsection (1) shall
be conducted where the nearest relative of the deceased requires
the body to be interred or cremated without such examination.
Person having
lawful custody
of body may
permit
anatomical
examination.
Person directing
anatomical
examination of
his body.
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10. (1) Every body which is to be examined anatomically shall
be embalmed and thereafter shall be transported to the place of
examination in a coffin or shell.
(2) No body shall be examined anatomically until after
one week from the time of death, nor until after twenty-four hours’
written notice has been given to an Inspector of the intention so to
examine the body.
(3) Unless the Minister otherwise directs, all human
remains resulting from the anatomical examination of any body
shall be interred or cremated in accordance with the written
instructions of an Inspector.
(4) Every school of anatomy shall keep a register
recording therein the date of the reception of the body, the place
from which it was received, the sex, name and age of the person
whose body had undergone anatomical examination in the school
and the date of interment or cremation of such body.
(5) Every school shall send to the Inspector, every year
in the month of November, a return specifying therein the
particulars referred to in subsection (4).
11. (1) No person shall—
(a) teach anatomy by means of the dissection of
any body;
(b) receive or possess any body for anatomical
examination, or
(c) examine anatomically any body,
at any place except a school of anatomy established under section 3.
(2) Nothing in this section shall prevent any person, being
the holder of a licence under section 4, who obtains the permission
in writing of an Inspector and of the proper authorities of the school
at which he is licensed to practise anatomy, from removing any
body or portion of a body to any other place for the purpose of
teaching or studying anatomy.
Removal of
body for
anatomical
examination,
and provision
for burial.
Anatomical
examination to
be conducted
only at
authorised
places.
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12. A person who practises anatomy under this Act shall do
so in such a way as to avoid unnecessary mutilation of any body
during the anatomical examination and shall conduct such
examination in an orderly manner.
13. Nothing in this Act shall be construed as extending to or
prohibiting any post-mortem examination of any body required or
directed to be performed by any competent legal authority.
14. (1) Without prejudice to section 13, the foregoing
provisions of this Act shall not be construed as applying to any
post-mortem examination carried out for the purpose of establishing
or confirming the cause of death or of investigating the existence
or nature of abnormal conditions.
(2) No post-mortem examination shall be carried out
otherwise than by or in accordance with the instructions of a
registered medical practitioner, and no post-mortem examination
which is not directed or requested by the Coroner or any other
competent legal authority shall be carried out without the authority
of the person in lawful custody of the body.
(3) The person in lawful custody of the body may
authorise the carrying out of a post-mortem examination where,
having made such reasonable enquiry as may be practicable, he
has no reason to believe—
(a) that the deceased had expressed an objection to
the carrying out of a post-mortem examination
of his body, and had not withdrawn it; or
(b) that the nearest relative of the deceased objects
to the carrying out of such post-mortem
examination.
(4) Where a person has reason to believe that an inquest
may be required to be held on any body or that a post-mortem
examination of any body may be required by the Coroner, he shall
not, except with the consent of the Coroner—
(a) give an authority under this section for a post-
mortem examination; or
(b) act on the authority given by any other person.
Person
practising
anatomy to do
so in orderly
manner.
Post-mortem
examination not
prohibited.
Post-mortem
examination.
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(5) Nothing in this section shall be construed as giving
authority for a post-mortem examination to any person entrusted
with a body for the purpose only of its interment or cremation
or custody.
(6) In the case of a body lying in a hospital, nursing home
or other institution, any authority under this section for a post-
mortem examination may be given on behalf of the person having
the control and management thereof by any officer or person
designated for that purpose by such hospital, nursing home or
other institution.
15. (1) Every person who contravenes this Act is guilty of an
offence and on summary conviction liable to a fine of ten thousand
dollars and to imprisonment for six months.
(2) It shall be lawful for the Minister, in addition to the
penalties provided in subsection (1) to revoke the licence of any
person who contravenes this Act.
16. The Minister may make Regulations generally for giving
effect to the provisions of the Act.
17. The governing authorities of a school of anatomy may
from time to time, with the approval of the Minister, make Rules
enabling the study and practice of anatomy to be properly carried
out, and may impose a fine not exceeding five hundred dollars
for the breach thereof.
Offences.
Regulations.
Rules.
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