When the public prosecutor is notified of the vital urgency by the doctor in charge of the service, department or care structure of the health establishment in which the donation is planned, who specifies that the donor has been informed of the risks and consequences of the donation, the donor must send the public prosecutor by any means a signed document in which he gives his consent to the donation…
The committee of experts set up by the Agence de la biomédecine under the conditions set out in article L. 1231-3 sits on one of the sites designated by the latter. The list of sites is communicated to the donor by the health establishment in which the removal is planned. The donor chooses the venue for the committee meeting from the list provided.
The list of people who may be appointed by the Agence de la biomédecine to sit on the committee of experts is set by order of the Minister for Health after consultation with the Director General of this agency.
The members of the Committee of Experts are remunerated in the form of fixed fee payments for their contribution to the preparation and follow-up of meetings. Those who suffer a duly attested financial loss as a result of their participation in this work shall also receive compensation in the form of lump-sum fees. The fixed fees referred to in the first paragraph are calculated on the basis of the number…
The donor sends the committee of experts referred to in article R. 1231-5 a request for authorisation to carry out the removal, where applicable in the context of a cross-donation, together with a copy of the document in which his consent was obtained. The committee of experts shall carry out all the investigations and consultations it deems necessary to inform its decision. It may request written or oral explanations from…
The Committee of Experts may not validly deliberate unless all five members are present. Where justified by particular circumstances, the Committee may, in whole or in part, meet remotely by any means of audiovisual communication that guarantees the confidentiality of the transmission. The Committee of Experts shall act by a majority of its members. The decision shall be signed by the members of the Committee. The signatures of members sitting…
The committee of experts communicates its decision in writing to the donor and to the doctor in charge of the service, department or care structure of the health establishment in which the removal is envisaged, who forwards it to the director of the establishment. In the event of cross-donation of organs, the doctor in charge of the care structure of the health establishment in which the removal is envisaged sends…
If the person is in persistent cardiac and respiratory arrest, death can only be established if the following three clinical criteria are simultaneously present: 1° Total absence of consciousness and spontaneous motor activity; 2° Abolition of all brain stem reflexes; 3° Total absence of spontaneous ventilation.
If the person, whose death is clinically confirmed, is assisted by mechanical ventilation and retains haemodynamic function, the absence of spontaneous ventilation is verified by a hypercapnia test. Furthermore, in addition to the three clinical criteria mentioned in article R. 1232-1, the irreversible nature of the encephalic destruction is confirmed by: 1° Either two null and reactive electroencephalograms performed at an interval of at least four hours, with maximum amplification…
The death certificate referred to in article L. 1232-1 is drawn up on a document, the model for which is set by order of the Minister for Health. When the death certificate is drawn up for a person in persistent cardiac and respiratory arrest, the report shall indicate the results of the clinical findings and the date and time of the death certificate. The report must be drawn up and…
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