The clinical selection of donors referred to in article R. 1211-13 is supplemented for any removal or collection of elements and products of the human body for therapeutic purposes by medical biology analyses intended to diagnose certain transmissible infectious diseases. In the event of a positive diagnosis, the grafting or use of human body products for therapeutic purposes is prohibited.
The list of infectious diseases mentioned in the previous paragraph is set by an order of the Minister of Health. This order also sets out the cases in which the doctor may, in the interest of the recipient, proceed with the transplant or the use of human body products for therapeutic purposes despite the presence of certain infectious markers revealed by medical biology analyses, if the foreseeable risk incurred by the recipient in the current state of scientific knowledge is not out of proportion to the expected benefit.
The doctor may proceed with the organ transplant if it has not been possible to obtain the results of the analysis referred to in 3° of article R. 1211-17 within a timeframe compatible with the performance of the transplant.
Information is given to the recipient in compliance with good practice laid down under the conditions set out in the sixth paragraph of article L. 1111-2.
When the donation is not anonymous, the doctor in charge of the donor informs him that the presence of infectious markers in the results of the medical biology analyses to which he has submitted will necessarily be known to the recipient.