Recommendations
Chapter 10. Human Tissue Act
Recommendations
We respectfully recommend that:
- The Department of Health, the Royal Colleges and medical schools
shall instruct members of the medical profession in the precise
terms and provisions of the Human Tissue Act 1961, on the basis
of our analysis, and the need for strict compliance.
- The Human Tissue Act 1961 shall be amended to provide a test
of fully informed consent for the lawful post mortem examination
and retention of parts of the bodies of deceased persons. While
we have concluded that there has been little difference between
‘lack of objection’ and ‘informed consent’
in practical terms for the next of kin, it is important that the
law and future practice are brought into line and updated.
- The class of persons relevant to the obtaining of fully informed
consent shall be defined as the ‘next of kin’.
- The class of ‘any surviving relative’ shall no longer
be relevant to post mortem examination.
- There shall be a programme of health education for the public
relevant to the medical need for continued post mortem examination
and access to organs and samples for therapeutic, educational
and research purposes.
- The Department of Health, the Royal Colleges and medical schools
shall provide training for all those involved in obtaining fully
informed consent.
- The Human Tissue Act 1961 shall be amended to impose a criminal
penalty by way of fine for breach of its provisions in order to
encourage future compliance.
- Guidelines relating to the requirements of the Human Tissue
Act 1961 and the obtaining of fully informed consent shall be
drawn up and provision made for breach to result in disciplinary
proceedings which could lead to suspension, dismissal or financial
penalty.
- The Human Rights Act 1998 makes provision for an effective remedy
other than in criminal proceedings. If breaches of the Human Tissue
Act 1961 amount to breaches of the Human Rights Act 1998 consideration
shall be given to incorporating a financial remedy with the Human
Tissue Act 1961 itself. If necessary, reference should be made
to the Law Commission.
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