If the deceased was a minor, the sample may only be taken for one or more of the purposes mentioned in article L. 1232-1 if each of the persons exercising parental authority consents in writing. However, if one of the persons exercising parental authority cannot be consulted, the sample may be taken provided that the other person exercising parental authority consents in writing.
Samples may only be taken for scientific purposes within the framework of protocols submitted to the Agence de la biomédecine prior to their implementation. The Minister responsible for research may suspend or prohibit the implementation of such protocols if the need for the sample or the relevance of the research is not established.
The doctors who establish the death, on the one hand, and those who carry out the removal or transplantation, on the other, must be part of separate functional units or departments.
Doctors who carry out a removal or a medical autopsy on a deceased person are obliged to ensure that the body is restored in the best possible way.
The procedures for applying the provisions of this chapter are determined by decree in the Conseil d’Etat, and in particular : 1° The conditions under which the death certificate provided for in the first paragraph of article L. 1232-1 is drawn up; 2° The conditions under which the refusal provided for in the last paragraph of the same article may be expressed and revoked, as well as the conditions under…
Organ removal with a view to donation for therapeutic purposes may only be carried out in health establishments authorised for this purpose by the administrative authority after obtaining the opinion of the Agence de la biomédecine. Authorisation is granted for a period of five years. It is renewable. All healthcare establishments, whether or not they are authorised, participate in organ and tissue procurement activities by joining procurement networks.
Practitioners carrying out organ removal for donation may not receive any fee-for-service remuneration for this activity.
In health establishments holding the authorisation referred to in article L. 1233-1, a memorial is created to express gratitude to donors of body parts for transplantation.
The procedures for applying the provisions of this chapter are determined by decree in the Conseil d’Etat and in particular the technical, health and medical conditions and the conditions for guaranteeing operation in accordance with the general principles set out in Title I of this book, which health establishments must meet in order to be authorised to carry out organ removal for transplantation purposes.
The provisions of article L. 1243-2 are applicable to organs when they can be preserved. The list of these organs is determined by decree. For the application of these provisions to organs, the issue of the authorisation mentioned in article L. 1243-2 is subject to the conditions set out in article L. 1243-7.
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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