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9 - Understanding the Human Tissue Act 2004

Published online by Cambridge University Press:  06 January 2010

Nigel Kirkham
Affiliation:
Royal Victoria Infirmary, Newcastle
Neil A. Shepherd
Affiliation:
Gloucestershire Royal Hospital
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Summary

‘Beauty is momentary in the mind –

The fitful tracing of a portal;

But in the flesh it is immortal.

The body dies; the body's beauty lives.’

Wallace Stevens, 1879–1955 (American poet)

INTRODUCTION

The Human Tissue Act [1] gained Royal Assent on 15 November 2004 and its regulations have been in force since September 2006. It is a complex legal document which has been shrouded in controversy and a degree of confusion since its creation. Countless hours have been spent consulting on and finalising the details of the legislation that regulates comprehensively the storage, removal and use of human tissue from both the living and the dead. The principle issue underpinning the Act is one of patient consent.

Human tissue forms the foundation of pathologists' clinical work, research, audit and education. It must be stressed, however, that pathologists are not the only individuals who will have to work within these new laws; anatomists, transplant clinicians, geneticists and even museum curators are among many others who will need to abide by its rulings. Some of the difficulties encountered in the formation of this legislation stem from the diverse nature of the essential activities performed using human tissues. This is contributed to by the fact that the intricacies of much of this work are little known by those outside the respective fields (Fig. 9.1), and therefore there has been the need for considerable consultation.

The depth of emotion surrounding human tissue should not be underestimated.

Type
Chapter
Information
Progress in Pathology , pp. 221 - 234
Publisher: Cambridge University Press
Print publication year: 2007

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References

The Human Tissue Act 2004. ISBN 0 10 543004 8 (The Stationery Office Limited, London, 2004).
Learning from Bristol: The Report into Children's Heart Surgery at Bristol Royal Infirmary, July 2001.
The Royal Liverpool Children's Inquiry: Report, January 2001, HC12-II.
The Investigation of Events that Followed the Death of Cyril Mark Isaacs. (Department of Health, May 2003.)
Isaacs Report Response. (Department of Health, July 2003.)
The Human Tissue Act 2004. New Legislation on Human Organs and Tissue. (Department of Health, March 2005.)
Colvin B. A Brief Guideline on Consent for Pathologists. (The Royal College of Pathologists, January 2005.)
The Concise Oxford Dictionary of Current English. 8th edn. Allen RE. ed. (Clarendon Press, Oxford, 2004).
Families and Post mortems: a Code of Practice. (Department of Health, April 2003.)
Gillick v West Norfolk and Wisbech Area Health Authority, 1985, 3 All ER 402 (HL).
The Retention and Storage of Pathological Records and Archives, 3rd edn. (The Royal College of Pathologists, March 2005.)
Interim Guidance on the Use of Clinical Samples Retained in the Pathology Laboratory. (The Royal College of Pathologists, January 2005.)
The Coroners (Amendment) Rules 2005. ISBN 0110723503, (The Stationery Office Limited, London, 2005).
Underwood J. Letter to the Home Secretary. (The Royal College of Pathologists, May 2005.)
Hasleton, P.Reforming the coroner and death certification service. Curr Diag Pathol 2004; 10: 453–63.CrossRefGoogle Scholar
Shipman Inquiry Third Report: Death Certification and Investigation of Deaths by Coroners. HMS0, Cm 5854, 2003.
Seeking Patients' Consent: the Ethical Considerations. (The General Medical Council, November 1998.)

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