Section 10: Removal of tissue
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.