Chapter V: Common provisions.

Only health establishments authorised to remove organs in application of article L. 1233-1 may export them for therapeutic purposes. Only health establishments authorised to transplant organs in application of the provisions of article L. 1234-2 may import them for therapeutic purposes. Only organisations authorised by the Minister for Research after receiving the opinion of the Biomedicine Agency may import or export organs for scientific purposes.

Organs removed during surgery, carried out in the interests of the person operated on, may be used for therapeutic or scientific purposes, unless that person objects after being informed of the purpose of the use. Where this person is a minor or an adult subject to a legal protection measure with representation of the person, the subsequent use of the organs thus removed is also subject to the absence of…

Any removal of organs carried out under the conditions laid down in Chapter III of this Title is a medical activity.

For the purposes of this Title, samples taken in the context of research involving the human person within the meaning of Article L. 1121-1 are considered to be samples taken for therapeutic purposes, without prejudice to the provisions of Title II of Book I of this Part relating to the protection of persons who take part in research involving the human person.

The rules of good practice that apply to the removal, preparation, preservation, transport and use of human body organs are drawn up by the Agence de la biomédecine after consultation with the Agence nationale de sécurité du médicament et des produits de santé. These rules are approved by order of the Minister for Health.

The procedures for applying the provisions of this chapter shall be determined by decree in the Conseil d’Etat.

The provisions of this Title apply to army hospitals. A decree in the Conseil d’Etat shall determine the adaptations that may be made, with regard to these hospitals, to the authorisation procedures applicable to health establishments.