The doctor may waive the prohibition mentioned in the first paragraph of article R. 1211-14 when, despite the risk of transmission of a virus by the donor, the therapeutic alternatives to the transplant or to the use of human body products for therapeutic purposes are inappropriate and the prognosis is life-threatening.
An order of the Minister for Health specifies the cases in which, despite the risk of transmission of a virus by the donor, the transplant or the use of products of the human body for therapeutic purposes may take place in the interest of the recipient in accordance with the first paragraph of article L. 1211-6, as well as the organs and cells concerned.
The graft or use for therapeutic purposes of products of the human body referred to in the first paragraph of this article is carried out in compliance with the protocols laid down by order of the Minister for Health issued after consultation with the Agence de la biomédecine and the Agence nationale de sécurité du médicament et des produits de santé. These protocols include the procedures for carrying out these transplants and, in particular, recommendations for appropriate therapeutic follow-up.