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Zambia legislation

Human Tissue Act, 1962

This section says the Act may be cited as the Human Tissue Act. The person in lawful possession of a deceased person’s body may authorise examination, use, and removal of parts for therapeutic purposes, medical…

body examinationmedical researchmedical supervisionpost-mortem and body authority controlstherapeutic use

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01

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“This section says the Act may be cited as the Human Tissue Act.”

This section says the Act may be cited as the Human Tissue Act. The person in lawful possession of a deceased person’s body may authorise examination, use, and removal of parts for therapeutic purposes, medical education, or research in specified circumstances. The section stops a person from giving or acting on an authority under section 2 when certain body-handling procedures may be required, and it limits who may give that authority in some cases. Examinations of bodies or body parts under section 2 authority must be done by or under a medical practitioner’s instructions, and removal of a body part must be done by a medical practitioner. This section says the Act does not make unlawful any dealing with a deceased person’s body, or part of it, if that dealing is already lawful apart from the Act.

02

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Source record from zambialii.org · Source version 31 Dec 1996

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Showing 5 of 5 provisions

Provision 3Short titleAmendment
§ 1Short title ........................................................................................................................................................................................................... 1Short title

This section says the Act may be cited as the Human Tissue Act.

1. Short title This Act may be cited as the Human Tissue Act.
§ 2Examination and use of bodies for medical purposes ...................................................................................................................... 1Provision

The person in lawful possession of a deceased person’s body may authorise examination, use, and removal of parts for therapeutic purposes, medical education, or research in specified circumstances.

2. Examination and use of bodies for medical purposes (1) If any person, either in writing at any time or orally in the presence of two or more witnesses during his last illness, has expressed a request that after his death his body or any specified part of his body be used for therapeutic purposes or be examined or used for purposes of medical education or research, the person lawfully in possession of his body after his death may, unless he has reason to believe that the request was subsequently withdrawn, authorise the examination or use of the body or of the specified part, in accordance with the request, and for that purpose may authorise the removal from the body of any part or, as the case may be, the specified part, for such examination or use. (2) Without prejudice to the provisions of subsection (1), the person lawfully in possession of the body of a deceased person may, for the said purposes, authorise the examination or use of the body and the removal from the body of any part if, having made such reasonable inquiry as may be practicable, he has no reason to believe— (a) (b) that the deceased had expressed an objection to his body being so dealt with after his death, and had not withdrawn it; or that the surviving spouse or any surviving relative of the deceased objects to the body being so dealt with. (3) Subject to the provisions of this Act— (a) the examination and use of, or of any part of, a body; and (b) the removal of any part of a body; in accordance with an authority given in pursuance of this section shall be lawful.
§ 3Further provision with respect to the giving of an authority for the examination and use of bodies .............................. 1Amendment

The section stops a person from giving or acting on an authority under section 2 when certain body-handling procedures may be required, and it limits who may give that authority in some cases.

3. Further provision with respect to the giving of an authority for the examination and use of bodies (1) Where a person has reason to believe that, in accordance with any written law for the time being in force— (a) an inquest may be required to be held on a body; or By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 1 Human Tissue Act, 1962 (Chapter 306) Zambia (b) a post-mortem examination may be required to be carried out on a body; or (c) a body or any part of a body may be required to be dealt with or disposed of in any other manner prescribed by or under the written law; he shall not— (i) give an authority under section two in respect of that body or part; or (ii) act on such an authority given by any other person. (2) No authority shall be given under section two in respect of any body by a person entrusted with the body for the purpose only of its interment or cremation. (3) In the case of a body lying in a hospital, nursing home or other institution, any authority under section two may be given on behalf of the person having the control and management thereof by any officer or person designated for that purpose by the first-mentioned person. [As amended by G.N. No. 360 of 1963]
§ 4Examination of bodies and removal of parts to be undertaken under medical supervision ............................................... 2Provision

Examinations of bodies or body parts under section 2 authority must be done by or under a medical practitioner’s instructions, and removal of a body part must be done by a medical practitioner.

4. Examination of bodies and removal of parts to be undertaken under medical supervision (1) No examination of, or of a part of, a body in accordance with an authority given under section two shall be carried out otherwise than by or in accordance with the instructions of a medical practitioner, who must have satisfied himself by a personal examination of the body that life is extinct. (2) No removal of a part of a body in accordance with an authority given under section two shall be effected except by a medical practitioner, who must have satisfied himself by a personal examination of the body that life is extinct.
§ 5Saving .................................................................................................................................................................................................................. 2Provision

This section says the Act does not make unlawful any dealing with a deceased person’s body, or part of it, if that dealing is already lawful apart from the Act.

5. Saving Nothing in this Act shall be construed as rendering unlawful any dealing with, or with any part of, the body of a deceased person which is lawful apart from this Act. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 2

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  • 31 Dec 1996 · currentEnglish

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