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Section 10: Removal of tissue

HUMAN TISSUE (REMOVAL, PRESERVATION AND TRANSPLANT) ACT, 5 of 2006

consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

10. Removal of tissue (1) No person shall remove any tissue, or cause or permit any tissue to be removed, from the body of a deceased person unless 2 medical practitioners not below the status of a specialist have certified in writing that the donor is clinically dead in accordance with the procedures set out in the Schedule to this Act. (2) Except where it is otherwise prescribed in relation to any tissue other than a human organ, no person other than an authorised medical practitioner shall remove any tissue from a human body. (3) A medical practitioner who has issued a certificate under section 8 (3) or under subsection (1) shall not participate in the removal of any tissue from the body of a person to whom the certificate relates. (4) The removal of any tissue shall not take place anywhere other than in an approved health institution. (5) Every medical practitioner shall, before removing any tissue to be used for therapeutic purposes, take all the necessary measures to ensure, as far as is medically possible, that on the basis of the person’s medical or surgical antecedents, there are no contra-indications to the use of the tissue for those purposes. [Issue 1] H12 – 6 Revised Laws of Mauritius (6) Notwithstanding subsections (1), (2) and (4), where the removal of tissue concerns the harvesting of eyes— (a) one medical practitioner may certify death in the case of a person dying at home; (b) harvesting of the eyes may be carried out by health personnel trained for enucleation; (c) the harvesting may be done at the deceased person’s home.

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