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Some of the images associated with the organ retention issues at Alder Hey Hopsital in Liverpool, UK

 
Link to Alan Milburn's [Secretary of State for Health] Speech to the House of Commons [UK Government] on the 30th of January 2001

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The Human Tissue Authority


As we are aware, the Human Tissue Authority was established in April 2005 and launched in July 2005. We believe from the information on their Website that they were to hold three meetings in public within a twelve-month period.

So far the Authority has had five meetings for their members but none have been held in public. If you are interestred in attending the public meetings and would like information about their meetings in the future their are:

Human tissue Authority, Ground Floor, Finlaison House,
15-17 Furnival Street, London. EC4A 1AB
Tel: 02072113400, Fax: 02072113430.
email: enquiries@hta.gov.uk

The following information is taken from the frequently asked questions section of the Human Tissue authority Website.

Is the Human Tissue Act 2004 in force now?
No. The legislation was passed in November 2004 and the HTA was established 1 April 2005. other parts of the Act will be brought in during 2006. Any offences relating to the consent provisions of the Act will come into force 3 months after our Codes of practice have been published.

Has current legislation ceased to be in effect now that the Act is passed?
No. Current legislation will remain in place un til the section of the Act that will replace it are brought into force. This is expected during 2006 and people will be notified as and when the changes occur.

What should people who will be affected by the changes be doing now?
They should be maintaining good practice. Any new regulations and systems we will bring in will be built upon this good practice. Currently, the Department of Health has good practice guidance, http://www.dh.gov.uk/PolicyAndGuidance/healthAndSocialCareTopics/Tissue, which will remain in effect until our Codes of Practice are published.

When the new regulations come into force, will pathologists no longer be able to take and retain tissue from post mortems?
At present, the majority of post mortem examinations are conducted under the coroner's authority. No consent is needed for a post mortem carried out under the authority of the coroner, nor is consent needed to ermove relevant tissue or organs at a post mortem examination ordered by the coroner.

Once the coroner's authority has come to an end, any tissue or organs removed at post mortem examination must be:

Returned to the family; or
Disposed of; or
Retained for research or other purposes, providing consent is obtained (see below)

Consent must be obtained for all other post mortems (sometimes called 'hospital' or 'consented' post mortems) and for the removal and retention of tissue and organs at post mortem examination.

Consent may be given by the deceased person before they died or, failing that, by their nominated representative. If a deceased person has not appointed a nominated representative then the consent of a person in a qualifying relationship must be obtained (see Section 27 of the Human Tissue Act).

When will licensing be brought in?
We are currently developing our licensing policy. It will be necessary to hold a licence before 1 April 2006.

How much will a licence cost?
A licence fee system will be developed along with the licensing policy. Information on fee levels will be provided before the licensing regulations are put in place.

What about existing stocks?
It is lawful to retain or use existing holdings of human tissue without consent. We are currently considering what further guidance may be needed on existing holdings.

When will the Codes of Practice be brought in?
Consultation on the first 5 of our draft Codes runs from 12 July to 4 October 2005. We intend to bring in these Codes early in 2006.

Will people be able to appeal against any decisions the HTA makes?
Yes. As with other regulatory authorities, we will develop a legally recognised appeals procedure explaining when and how appeals can be made.

Consent is already required for the taking and using
human tissue for transplantation. How will this change?
One of the changes relating to consent will be that the wishes of the deceased will take precedence, with no legal right of others to veto or overrule this decision. Therefore, it will be lawful to take organs for transplantation if the deceased had given consent.

This does not make it obligatory and practitioners may decide against it for a variety of reasons. Such decisions need to be made on a case-by-case basis and in line with our Codes of Practice.

 

PITY II (Parents who have Interred Their Young Twice) is the parents' support group set up in the wake of the organ retention scandal
at Alder Hey Hospital (Liverpool, UK). It aims to provide self help support and advice to affected families.


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