Bill 64 — Second Session, 17Th Legisl'Ature, 22 Elizabeth Ii the Legislative Assembly of Alberta Bill 64 the Human Tissue Gift Act (Legislature 17, Session 2)

L17 S2 5198

Alberta — Bills

1973 Bill 64 Second Session, 17th Legisl'ature, 22 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 64 The Human Tissue Gift Act THE MINISTER OF HEALTH AND SOCIAL DEVELOPMENT First Reading Second Reading Third Reading Printed by QlTEEN'S PR1NTEH for the Province of Alberta, EDMONTON

Bill 64 BILL 64 1973 THE HUMAN TISSUE GIFT ACT (Assented to , 1973) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1.

In thlis Act, (a) "eonsent" means a consent given under this Aot; ( b ) "physician" means a person registered under The Medical Profession Act as a medlLcal p~actitioner; (c) "tissue" includes an organ, but does not include any skin, bone, hlood, blood eonS'tinuent or other tissue that is replaceable by naitural processes of repair; ( d) "transplant" as a noun means the removal 'Of tis,sue fr'Om a human body, whether living or dead, :and its implantaiJion in a living hum'an body, and in its other fo'rms it has ,corresponding me,anings; (e) "writing" for the purposes .of

Part 2 includes a will and any other testamentary insltrument whether or not probate has been appollied for or granted and wherther or not the will or other testamentary instru ment is valid.

PART 1 INTER VIVOS GIFTS FOR TRANSPLANTS 2. A transplant from 'one living human body to another living human body may be done in accordance wiith this Aot, but not otherwise. 3.

(1) Any person who has attained the age .of majority, is mentally ,competent to consent, and is ahle to make 'a free and informed deciision may in a writing signed by him con sent to 1:!he removal forthwith from his body of the tissue specified in the -consent and its implantation in the body of another living person.

(2) Notwithstanding subseetion (1), a consent given thereunder by a person Who had not attained the age of

Explanatory Notes General: This Bill will replace the pres.ent Act, which is a model Act of the Conference of Commissioners on Uniformity of Legisla tion in Canada with a new model Act adopted by the Conference in 1971. It is broadened in scope to include live transplants and is up-da,ted to come into line with recent medical and scientific de velopments and the consequent increased public interest in this area. I.

Interpretation. 2. Live transplants under Act are lawful. 3. Consent for transplant,

majority, was not mentally competent to consent, or was not able to make a free and informed decision is valid for the purposes of this Act if the person who acted upon it had no reason to believe that the person who gave it had not attained the age of majority, was not mentally com petent to consent, and was not able to make a free and informed decision, as the case may be.

(3) A consent given under this

section is full authority for any physician, (a) ,to make any examination necessary to assure medical acceptability of the tissue specified therein, and (

b) to remove forthwith such tissue from the body of the person who gave the consent.

(4) If for any reason the tissue specified in the consent is nOot r'emoved in the circumstances to which the consent relates, the consent is void.

PART 2 POST MORTEM GIFTS FOR TRANSPLANTS AND OTHER USES 4.

(1) Any person who has attained the age of majority may consent, (

a) in a writing signed by him at any time, or (

b) orally in the presence of at least two witnesses during his last illness, that his body or the part or parts thereof specified in the consent be us'ed after his death for therapeutic purposes, medical education or scientific research.

(2) Notwithstanding subsection (1), a consent given by a person who had not attained the age of majority is valid for the purposes of this Act if the person who acted upon it had no reason to believe that the person who gave it had not attained the age of majority.

(3) Upon the death of a person who has given a consent under this section, the consent is binding and is full authority for the use of the body or the removal and use of the specifi'ed part or parts for the purpose specified, except that no person shall aet upon a 'consent given under this

section if he has reason to believe that it was subse quently withdrawn. 5.

(1) Where a person of any age who has not given a consent under

section 4 dies, or in the opinion of a physician is incapable of giving a consent by reason of injury or disease and his death is imminent, (

a) his spouse of any age, or 2

4. Consent by person for use of his body after death. 5. Consent by spouse, etc., for use of body after death. 2

(

b) if none, or if h}s spouse is not readily available, any one of hIS chIldren who has attained the age of maj ority, or (

c) if none, or .jf none is readily available, either of his parents, or (d) .jf none, or if neither is readily available, anyone of his brothers or sisters who has attained the age of maj ority, or (

e) if none, or if none is readily available, any other of his next of kin who has attained the age of majority, or (

f) if none, or if none is readily available, the person lawfully in possession of the body other than, where he died in hospital, the administrative head of the hospital, may cons'ent (

g) in a writing signed by the spouse, relative or other person, or (

h) orally by the spouse, relative or other person in the presence of at least two witnesses, or (

i) by the telegraphic, recorded telephonic, or other recorded message of the spouse, relative or other person, to the body or the part .or parts there.of specified in the consent being used after death for therapeutic purposes, medical educati.on or scientific research.

(2) No person shall give a consent under this

section if he has reason to believe that the pers.on wh.o died or whose death is imminent would have objected thereto.

(3) Upon the death of a person in respect of whom a consent was given under this section, the consent is binding and is, subject to secti.on 6, full authority for the us'e of the body or for the removal and use of the specified part .or parts for the purpose specified except that no person shall act on a consent given under this

section if he has actual knowledge of an objection thereto by the person in respect of whom the consent was given or by a person of the same or closer relationship to the person in respect of whom the c.onsent was giv,en than the person who gave the consent.

(4) In subsection (1), "person lawfully in possession of the body" does not include (

a) the Provincial Chief Coroner or a coroner in possession of the body f.or the purp.oses of The Coroners Act, or (

b) the Public Trustee in possession of the body for the purpose of its burial, Dr 3

(

c) an emba,lmer or funerall director in possession of the body for the purpose of its burial, cremation or other disposition, or (

d) the superint'endent of a crematorium in possession of the body for the purpose of its cremation. 6. Where, in the opinion of a physician, the death of a person is imminent by reason of inj ury or disease and the physician has reason to believe that

section 8 or 13 of The Coroners Act may apply when death does occur and a consent under this Part has been obtained for a post mortem t~ansplant of tissue from ,the body, a coroner having jurisdiction, notwithstanding that death has not yet occurred, may give such directions as he thinks proper respecting the removal of such tissue after the death of the person, and every such dir'ection has the same force and effect as if it had been made after death. 7.

(1) For the purposes of a post-mortem transplant, the fact of death shall be determined by at least two physi cians in accordance with accepted medical practice.

(2) No physician who has had any association with the proposed recipient that mi~ht influence his judgment shall take any

part in the determination of the fact of death of the donor.

(3) No physician who took any

part in the determin ation of the fact of death of the donor shall participate in any way in the transplant procedures.

(4) Nothing in this

section in any way affects a physi cian in the removal of eyes for cornea transplants. 8. Where a gift under this

Part cannot for any reason be used for any of the purposes specified in the consent, the subject matter of ,the gift and the body to which it belongs shall be dealt with and disposed of as if no consent had been given.

PART 3 GENERAL 9. No action or other proceeding for damages lies agains,t any person for any act done in good fait~ and without negligence in the exercise or intended exerCIse of any authority conferred by this Act. 10. No person shall buy, sell or otherwise deal in, directly or indirectly, for a valuable consideration, any tissue for a transplant, or any body or part or parts thereof other 4

6. Coroner's direction. 7. Determination of death. 8. Where specified use fails. 9. Civil liability. 10. Sale, etc., of tissue prohibited. 4

than blood or a blood constituent, for therapeutic purposes medical education 'Or scientific research, and any such dealing is invalid as being cQntrary to public PQlicy. 11.

(1) Except where legally required, nO' perSQn shall disclose or give to' any 'Other perSQn any infQrmatiQn or dQcument whereby the identity 'Of any person, (

a) whO' has given or refused to' give a consent, or (

b) with respect to' whQm a CQnsent has been given, or (

c) intO' whos1e bQdy tissue has been, is being or may be transplanted, may become knQwn publicly.

(2) Where the infor'mation 'Or docmment disclosed 'Or given pertains 'Only to' the perSQn whO' disclosed or gave the infor ma;tiQn 'Or document, subsectiQn (1) does nQt apply. 12. Any dealing with a bQdy 'Or part 'Or parts thereof that was lawful befQre this Act came intO' fQrce shall, except as prQvided in this Act, cQntinue to' be lawful. 13. Every perSQn who knQwingly contravenes any pro visiQn 'Of ,this Act is guilty 'Of an 'Offence and on

summary cQnviction is liable to' a fine 'Of nQt mQre than $1,000 or to imprisQnment for a term 'Of nQt mQre than six months, or to' both. 14. Except as prQvided in

section 6, nQthing in this Act affects the 'Operation of The Coroners Act. 15. The Human Tissue Act is repealed. tH. 'ThJis ActcQme.s into force on the day upon which it is assented to. 5

II. Disdosure of information. 12. Lawful dealings not affected. 13. Offence. 14. Application of The Coroners Act. 15.

Chapter 179 of the Revised Statutes of Alherta 1970 is re pealed. 5 Title: 1973 (17th, 2nd) Bill 64, The Human Tissue Gift Act

Document details

Collection	Alberta — Bills
Citation	L17 S2 5198
Type	bill
Volume / chapter	L17 S2 5198
Language	en
Format	json
Source	PROVINCIAL
Identifier	6e743280e9b6468baf81e4186e3becf723cfcb35

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