Book II: Donation and use of human body parts and products

In the event of the removal of elements or collection of products of the human body, including gametes, for therapeutic purposes, the health establishment carrying out the removal shall reimburse the donor, on production of the necessary supporting documents, for the costs of transport and accommodation.

Transport costs are reimbursed on the basis of the least expensive fare for the means of public transport best suited to the journey; air transport costs may be reimbursed if the other means of transport require a journey time of more than three hours. Expenses arising from the use of the donor’s personal car or that of the person accompanying the donor are reimbursed under the conditions provided for in…

The cost of the donor’s accommodation outside hospital is covered on the basis of the actual expenses incurred, on presentation of the necessary supporting documents and within the limit of a maximum amount per day equal to ten times the fixed daily rate provided for inarticle L. 174-4 of the Social Security Code.

The health establishment carrying out the removal shall, where applicable, pay compensation for any loss of earnings suffered by the donor. Compensation for loss of earnings is paid on presentation of the necessary supporting documents and may not exceed four times the maximum daily allowance payable under the general health insurance scheme provided for in article L. 323-4 of the Social Security Code.

The provisions of articles R. 1211-2 to R. 1211-5 apply to travel relating to the examinations and care that precede or follow the removal or collection, as well as to travel for the purpose of expressing the donor’s consent in accordance with articles L. 1231-1, L. 1231-3 and L. 1244-2 and hearings by the committee of experts provided for in article L. 1231-3.

The provisions of articles R. 1211-2 to R. 1211-6 apply to the person accompanying a donor whose condition requires the assistance of a third party, to the holders of parental authority or the legal representative of the donor in the case of a minor, as well as to the person responsible for a legal protection measure with representation relating to the person.

The health establishment which carries out the removal or collection shall bear the costs of examinations and treatment prescribed with a view to removal, all hospital costs, including the lump sum referred to in article L. 174-4 of the Social Security Code, as well as the costs of follow-up and care provided to the donor as a result of the removal.

When elements of the human body are collected during a medical procedure under the conditions provided for in article L. 1245-2, the health care establishment shall bear the costs of the medical biology analyses provided for in articles R. 1211-15 and R. 1211-16.