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Article R1241-6 of the French Public Health Code

The person who is the subject of a legal protection measure with representation in relation to the person or the person responsible for his or her protection measure submits a simple request to the guardianship judge. The application shall state whether the protected person is able to consent to the removal of the sample. Notwithstanding article 1211 of the Code of Civil Procedure, the application may be submitted to the…

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Article R1241-7 of the French Public Health Code

I.-If the guardianship judge considers, after hearing the protected person, that the latter is able to consent to the taking of the sample, he/she shall obtain his/her consent under the conditions defined in article R. 1231-3. The record of the act is kept at the court registry and a copy is sent to the protected person and to the person responsible for this measure. II – The protected person who…

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Article R1241-8 of the French Public Health Code

If the guardianship judge considers that the protected person does not have the capacity to consent to the donation, he shall refer the matter by any means to the committee of experts referred to in article L. 1231-3 so that it can give its opinion on the request. The committee of experts shall hear the donor in the presence of the person responsible for the protective measure or, where applicable,…

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Article R1241-9 of the French Public Health Code

When the removal of haematopoietic cells collected from bone marrow or peripheral blood is envisaged from a minor under the conditions defined in article L. 1241-3, the information provided for in article R. 1241-3 is given to each of the persons exercising parental authority or, where applicable, to the minor’s guardian by the practitioner who indicated the need for the transplant or by any other practitioner of his choice. Appropriate…

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Article R1241-10 of the French Public Health Code

Each of the persons vested with parental authority or, where applicable, the minor’s guardian, expresses his or her consent before the president of the judicial court or his or her delegate under the conditions defined in articles R. 1231-2 and R. 1231-3. In the event of a life-threatening emergency, the consent of each of the persons vested with parental authority or, where applicable, the minor’s guardian, is obtained by the…

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Article R1241-11 of the French Public Health Code

The persons exercising parental authority or, where applicable, the minor’s guardian, shall send the committee of experts referred to in article R. 1231-5 a request for authorisation to take the sample, accompanied by a copy of the documents by which their consent was obtained. The committee of experts hears the minor who is capable of discernment. It shall ensure that the minor who is capable of expressing his or her…

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Article R1241-12 of the French Public Health Code

The committee of experts shall communicate its decision in writing to the persons exercising parental authority or, where applicable, to the minor’s guardian, as well as to the doctor in charge of the service, department or care structure of the health establishment in which the removal is envisaged, who shall forward it to the director of the establishment.

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Article R1241-13 of the French Public Health Code

By way of derogation from articles R. 1241-9 to R. 1241-12, when the removal of haematopoietic cells collected from bone marrow is envisaged from a minor for the benefit of one of his or her parents, invested with the exercise of parental authority, the president of the judicial court, to whom the matter has been referred by the legal representatives under the conditions set out in article R. 1231-2, shall…

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Article R1241-19-1 of the French Public Health Code

Before any donation, and as part of the general obligations mentioned in article R. 1211-13, tissue or cell donors must meet selection criteria. The general criteria and situations on which the contraindications to tissue and cell donation are based are set by order of the Minister for Health, issued after consultation with the Director General of the Agence nationale de sécurité du médicament et des produits de santé and the…

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Article R1241-19-2 of the French Public Health Code

The medical interview referred to in III of article R. 1211-13 is carried out using a questionnaire designed to detect any antecedents or clinical criteria contraindicating donation. This questionnaire is drawn up on the basis of the general criteria and situations on which the contraindications to tissue and cell donation are based, as set out in the order referred to in article R. 1241-19-1. All the information requested relating to…

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