Ghana Act or statute

Parliament of Ghana

Anatomy Act, 1965 (Act 280)

The Minister may grant licences for specified examination and related handling of bodies of deceased individuals, and no one other than a licensee may do those acts. An executor or other lawful po…

body disposalbody receiptbody retentionburialcadaver examinationconsentconsent and refusalcremationdefinitionshandling of deceased bodieshospital administrationBusiness registrationlicensing compliancemedical examinationmedical institutionsmedical trainingoffencespenaltiespost-death directionspost-handling intermentpost-mortem examinationrecordkeepingregulatory compliance

Jurisdiction: Ghana
Structure: 13 provisions
Citation: Act 280
Dates: Undated source snapshot

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Purpose and legislative effect

“The Minister may grant licences for specified examination and related handling of bodies of deceased individuals, and no one other than a licensee may do those acts.”

The Minister may grant licences for specified examination and related handling of bodies of deceased individuals, and no one other than a licensee may do those acts. An executor or other lawful possessor of a deceased person’s body may allow a licensee to do the section 1(2) matter, unless the deceased objected or the surviving spouse or qualifying relative objects. If a person gave a qualifying direction about what a licensee should do with their body after death, the executor or lawful possessor of the body must allow it unless the surviving spouse, or failing that a qualifying relative, objects. An executor or anyone lawfully holding a deceased person’s body must not allow the listed body-related matter to be carried out if the deceased opposed it in life or if a surviving spouse or known relative objects. A hospital’s medical head may donate an unclaimed body of a deceased person who died of known causes to a medical school or institution for examination-related purposes.

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Licence for examination, etc., of bodies of deceased individuals

The Minister may grant licences for specified examination and related handling of bodies of deceased individuals, and no one other than a licensee may do those acts.

Section 1

Executor prohibited from permitting examination, etc., of bodies in certain circumstances

An executor or anyone lawfully holding a deceased person’s body must not allow the listed body-related matter to be carried out if the deceased opposed it in life or if a surviving spouse or known relative objects.

Section 4

Requirements to be complied with by licensee for removal of body, etc

A licensee may remove a deceased person's body only if it is placed in a decent coffin or shell and removed in that container.

Section 7

Saving

This section says the Act does not stop a post-mortem examination when a competent legal authority requires or directs it.

Section 10

Interpretation.

This section defines several terms used in the Act.

Section 13

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Showing 13 of 13 provisions

Provision 11OffenceInterpretation

§ 1Licence for examination, etc., of bodies of deceased individualsProvision

The Minister may grant licences for specified examination and related handling of bodies of deceased individuals, and no one other than a licensee may do those acts.

Section 1—Licence for Examination, Etc., of Bodies of Deceased Individuals. (1) The Minister may grant a licence authorising the carrying out, in accordance with the provisions of this Act, of the matters specified in subsection (2), to the persons referred to in that subsection. (2) The licence referred to in subsection (1) of this section shall authorise— (a) the Head of any medical school or institution, (b) any teacher and medical practitioner employed in such a school or institution, and (c) any student working under the supervision of any person referred to in paragraph (a) or (b) of this subsection, to carry out all, or any of the following matters:— (i) to receive in that school or institution the body of a deceased individual; (ii) to keep or possess therein that body; (iii) to examine therein that body; 3 (iv) to dissect therein that body; and (v) to carry out any other matter specified in the licence which the Minister is of opinion is in the interests of medical science. (3) No person other than a licensee, shall carry out any of the matters referred to in subsection (2) of this section.

Section 1Verify source

§ 2Persons having lawful custody of bodies of deceased individuals to permit examination, etc., of such bodiesProvision

An executor or other lawful possessor of a deceased person’s body may allow a licensee to do the section 1(2) matter, unless the deceased objected or the surviving spouse or qualifying relative objects.

Section 2—Persons having Lawful Custody of Bodies of Deceased Individuals to Permit Examination, Etc., of such Bodies. The executor or any other person having lawful possession of the body of a deceased individual, and not being an undertaker or other person entrusted with that body for the purpose only of interment, may permit any licensee to carry out in relation to that body any matter referred to in subsection (2) of section 1, unless to the knowledge of that executor or person, the deceased individual has expressed a contrary desire, in writing at any time during his life or by word of mouth in the presence of at least two witnesses during the illness whereof he died, or unless the surviving husband or wife, or in the absence of such husband or wife, any known relative of the deceased individual falling within such class of relatives of that individual as may be prescribed, is opposed to such matter being carried out.

Section 2Verify source

§ 3Individuals directing examination, etc., of their bodies after deathProvision

If a person gave a qualifying direction about what a licensee should do with their body after death, the executor or lawful possessor of the body must allow it unless the surviving spouse, or failing that a qualifying relative, objects.

Section 3—Individuals Directing Examination, Etc., of their Bodies after Death. If any individual either in writing at any time during his life, or by word of mouth, in the presence of at least two witnesses during the illness whereof he died, directs that any licensee shall carry out in relation to his body after death any matter specified in subsection (2) of section 1 and if before the burial or cremation of his body the direction is made known to the executor or any other person having lawful possession of the body, then that executor or person shall permit that licensee to carry out that matter unless the surviving husband or wife or in the absence of such husband or wife, any known relative of the deceased individual falling within such class of relatives of that individual as may be prescribed, is opposed to that matter being carried out.

Section 3Verify source

§ 4Executor prohibited from permitting examination, etc., of bodies in certain circumstancesProvision

Section 4—Executor Prohibited from Permitting Examination, Etc., of Bodies in certain Circumstances. No executor or other person having lawful possession of the body of a deceased individual shall permit any person to carry out in relation to that body any matter referred to in subsection (2) of section 1, if that individual during his life has expressed a contrary desire in the manner set out in section 2 or if the surviving wife or husband or known relative, as the case may be, is opposed to that matter being carried out.

Section 4Verify source

§ 5Unclaimed bodies of deceased individuals for examination, etcProvision

A hospital’s medical head may donate an unclaimed body of a deceased person who died of known causes to a medical school or institution for examination-related purposes.

Section 5—Unclaimed Bodies of Deceased Individuals for Examination, Etc. The medical Head of any hospital may donate the body of any deceased individual dying of known causes to the Head of any medical school or institution for carrying out by him or any other licensee in relation to that body any matter referred to in subsection (2) of section 1, if the Head of the hospital is satisfied that that body has not been claimed by the surviving wife or husband, or in the absence of such wife or husband, by any known relative of that individual falling within such class of relatives of that individual as may be prescribed, for a period which in his opinion has been unreasonably long. 4

Section 5Verify source

§ 6Bodies of deceased individuals not to be removed for twenty-four hours, etcProvision

A licensee must not remove a deceased person's body until 24 hours have passed and a cause-of-death certificate has been signed.

Section 6—Bodies of Deceased Individuals not to be removed for Twenty-Four Hours, Etc. No licensee shall remove the body of a deceased individual for the purpose of carrying out in relation to that body any matter referred to in subsection (2) of section 1— (a) unless at least twenty-four hours have elapsed since the death of that individual; and (b) unless— (i) a certificate stating the cause of death has been signed by the medical practitioner who attended him during his last illness; and (ii) if there is no such practitioner, a certificate stating the cause of death to the best of his knowledge has been signed by a medical practitioner who has been summoned to view the body after the death.

Section 6Verify source

§ 7Requirements to be complied with by licensee for removal of body, etcProvision

A licensee may remove a deceased person's body only if it is placed in a decent coffin or shell and removed in that container.

Section 7—Requirements to be Complied with by Licensee for Removal of Body, Etc. (1) No licensee shall remove a body of a deceased individual for carrying out any matter specified in subsection (2) of section 1 unless that body is placed in a decent coffin or shell and is removed therein. (2) Every licensee shall— (a) make provision that after he has finished with the body of the deceased individual, the body shall be decently interred in a public cemetery; and (b) transmit a certificate of the interment of that body issued by the competent authority to the Minister or to any person appointed by him.

Section 7Verify source

§ 8Requirements to be complied with by licensee for receipt of bodyProvision

A licensee may receive a deceased person’s body only if the death certificate accompanies it, and must record specified details in a book within 24 hours. The head of a medical school or institution must produce that book when the Minister requires it.

Section 8—Requirements to be Complied with by Licensee for Receipt of Body. (1) No licensee shall receive any body of a deceased individual for the purpose of carrying out in relation to that body any matter referred to in subsection (2) of section 1 unless— (a) he receives with that body the certificate of cause of death referred to in section 6; and (b) within twenty-four hours of the receipt of that body, he enters or cause to be entered in a book maintained for the purpose— (i) the day and hour when the body was received; (ii) the name and address of the person from whom the body was received; (iii) the date and place of death; (iv) the sex of the deceased individual; (v) the name and age of such individual, if known; (vi) the last address of such individual, if known; and (vii) such other particulars as may be prescribed. (2) The Head of any medical school or institution shall produce the book referred to in subsection (1) of this section, whenever required so to do by the Minister. 5

Section 8Verify source

§ 9Head of medical school or institution to cause to be retained in certain circumstances the whole or part of a bodyProvision

The head of a medical school or institution may keep all or part of a deceased person’s body if satisfied it is in the interests of medical science and the competent authorities consent.

Section 9—Head of Medical School or Institution to Cause to be Retained in certain Circumstances the Whole or Part of a Body. (1) The Head of a medical school or institution may cause to be retained the whole or a part of the body of a deceased individual if— (a) he is satisfied that the retention thereof is in the interests of medical science; and (b) the competent authorities have consented to the retention. (2) For the purposes of subsection (1) of this section, "competent authorities" means the executor or other party having lawful possession of the body of the deceased individual and the surviving wife or husband of that individual and, in the absence of such wife or husband, any known relative of the deceased individual falling within such class of relatives of that individual as may be prescribed.

Section 9Verify source

§ 10SavingProvision

This section says the Act does not stop a post-mortem examination when a competent legal authority requires or directs it.

Section 10—Saving. Nothing in this Act shall be deemed to prohibit any post-mortem examination of any human body required or directed to be made by any competent legal authority.

Section 10Verify source

§ 11OffencesOffence

This section makes contraventions of the Act offences and sets fines or imprisonment on summary conviction.

Section 11—Offences. (1) Any person who contravenes any provision of this Act other than subsection (3) of section 1 shall be guilty of an offence and shall, on summary conviction be liable to a fine not exceeding fifty pounds or to a term of imprisonment not exceeding three months or to both such fine and imprisonment. (2) Any person who contravenes subsection (3) of section 1 shall be guilty of an offence and shall, on summary conviction be liable to a fine not exceeding five hundred pounds or to a term of imprisonment not exceeding two years or to both such fine and imprisonment.

Section 11Verify source

§ 12RegulationsProvision

The Minister may make regulations about matters the Act allows to be prescribed, the form of licences or certificates, and other matters needed to carry the Act into effect.

Section 12—Regulations. The Minister may make regulations for prescribing anything authorised by this Act to be prescribed by regulations and for providing for the form of any licence or certificate issued under this Act and for any other matter that appears to him to be necessary for carrying into effect the provisions of this Act.

Section 12Verify source

§ 13Interpretation.Interpretation

This section defines several terms used in the Act.

Section 13—Interpretation. In this Act, unless the context otherwise requires— "licensee" means any person to whom a licence has been granted under section 1 and referred to in subsection (2) of that section; "medical practitioner" means a medical practitioner registered under the Medical and Dental Act, 1959 (No. 36); "medical school or institution" means a medical school or other medical institution recognized by the Minister for the purposes of this Act; and "Minister" means the Minister responsible for Health. "prescribed" means prescribed by regulations made under section 12.

Section 13Verify source

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