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Second Session, Thirty-Eighth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.
It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 48

THE HUMAN TISSUE AMENDMENT ACT


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. H180 amended

1           The Human Tissue Act is amended by this Act.

2            The title is replaced with "THE HUMAN TISSUE GIFT ACT".

3           Section 1 is amended by adding the following definitions:

"designated facility" means

(a) a hospital defined in The Health Services Insurance Act, and

(b) a health care facility that has been designated by regulation; (« établissement désigné »)

"human tissue gift agency" means

(a) the Lions Eye Bank of Manitoba and Northwest Ontario Inc.,

(b) the Winnipeg Regional Health Authority Tissue Bank Program,

(c) the Winnipeg Regional Health Authority Organ Donation Program, and

(d) any other entity that is designated by regulation as a human tissue gift agency; (« organisme chargé des dons de tissus humains »)

4(1)         The following provisions are amended by striking out "medical research" and substituting "scientific research":

(a) subsections 2(1), 3(4), 5(1) and (3) and 9(3);

(b) subsection 3(1), in the part after clause (c);

(c) subsection 3(3), in the part after clause (b);

(d) subsection 9(1), in the part after clause (b).

4(2)        In clauses 2(3)(c) and 3(5)(b), "consents" is struck out and "has no objection" is substituted.

5           Section 4 is replaced with the following:

Human tissue gift agency to be notified

4(1)        Subject to the requirements and circumstances established under subsection 4.2(1), a designated facility must notify the required human tissue gift agency when

(a) a patient at the facility dies;

(b) a physician at the facility advises that the death of a person at the facility is imminent and inevitable; or

(c) the facility receives a dead body.

Agency to determine if direction was made

4(2)        Upon receiving a notice described in subsection (1), the human tissue gift agency must ensure that reasonable efforts are made to determine whether the deceased or dying person made a direction under section 2.

If no direction found

4(3)        If a direction cannot be found promptly, the agency must decide whether the circumstances are appropriate to make a request under subsection (4).  In doing so, it must consider, in consultation with the designated facility,

(a) the emotional and physical condition of

(i) the person to be asked, and

(ii) in the case of a deceased person, his or her survivors; and

(b) the suitability of the body or its tissues, and the therapeutic purposes or medical education or scientific research purposes for which they may be used.

Request re direction

4(4)        If circumstances are appropriate, the agency must,

(a) in the case of a dying person, ask

(i) the person whether he or she wishes to make a direction under section 2, or

(ii) his or her proxy or nearest relative whether he or she wishes to make a direction under subsection 3(3); or

(b) in the case of a deceased person, ask the person's proxy or nearest relative, or the person lawfully in possession of the body or the Inspector of Anatomy, whether he or she wishes to make a direction under section 3.

When request not to be made

4(5)        A request must not be made under subsection (4) if the agency has reason to believe that

(a) the person actually objected – and the objection was not withdrawn – while living, to the use of his or her body or the removal and use of tissue from his or her body after death;

(b) the person would have objected, if living, to the use of his or her body or the removal and use of tissue from his or her body after death; or

(c) the use of the person's body or the removal and use of tissue from the person's body after death would be contrary to the person's religious beliefs.

Agency may request assistance of facility

4.1         A human tissue gift agency may request the designated facility to ask for a direction on its behalf.  In that case, the facility must make reasonable efforts to ask for a direction in accordance with section 4.

Requirements established by human tissue gift agencies

4.2(1)      The human tissue gift agencies may jointly establish

(a) requirements relating to a notice under subsection 4(1), including

(i) which human tissue gift agency is required to be notified,

(ii) the time period in which notification must be given, and

(iii) information, including personal information and personal health information, that is to be provided in respect of a deceased or dying person,

and a designated facility must comply with those requirements; and

(b) circumstances in which notification is not required and, despite subsection 4(1), a designated facility is not required to notify a human tissue gift agency in those circumstances.

Consultations

4.2(2)      In the course of preparing requirements under subsection (1), the human tissue gift agencies must consult with the operators of the designated facilities, and may consult with other persons and entities that the agencies consider appropriate.

6           Section 7 is repealed.

7           Section 13 is repealed.

8           The following is added before section 14:

Information

13.1(1)     A human tissue gift agency may require a designated facility, or a physician who provides services in the facility, to provide it with information, including personal information and personal health information, in respect of a deceased or dying person that the agency considers reasonably necessary to permit it to determine the appropriateness of making a request under section 4.

Duty to provide information

13.1(2)     Anyone required to provide information under subsection (1) must do so.

Sharing of information

13.1(3)     A human tissue gift agency may share information it receives under this Act, including personal information and personal health information, with a person or another human tissue gift agency if doing so is reasonably necessary to facilitate the process whereby a transplant of human tissue is effected, or a human body or part or parts of a human body are prepared for use for therapeutic purposes or for purposes of medical education or scientific research.

9(1)        Subsections 15(1), (2) and (3) are replaced with the following:

Sale etc. prohibited

15(1)       No person shall buy, sell, or otherwise deal in, directly or indirectly, for valuable consideration, any tissue for a transplant, or any body or parts of it other than blood or a blood constituent, for therapeutic purposes or for purposes of medical education or scientific research, and any such dealing is invalid as being contrary to public policy.

Exception for therapeutic purposes, medical and scientific research

15(2)       No person contravenes subsection (1) if the person receives reimbursement for reasonable expenses incurred in, or remuneration for, participating in or performing a service necessarily incidental to the process whereby a transplant of human tissue is effected, or a human body or part or parts of a human body are prepared for use for therapeutic purposes or for purposes of medical education or scientific research.

Offence and penalty

15(3)       A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of not more than $10,000. or imprisonment for a term of not more than one year, or both.

Anatomy Act not affected

15(3.1)     Nothing is this Act affects the operation of The Anatomy Act or any other law.

9(2)        Subsection 15(5) is repealed.

10          The following is added after section 15:

Regulations

15.1        The minister may make regulations

(a) for the purpose of the definition "designated facility" in section 1,

(i) defining the term "health care facility",

(ii) designating a health care facility as a designated facility,

(iii) establishing classes of health care facilities and designating one or more of those classes as designated facilities,

(iv) exempting a health care facility from a class of health care facilities designated under subclause (iii);

(b) designating an entity as a human tissue gift agency.

Coming into force

11(1)       This Act, except section 5, comes into force on the day it receives royal assent.

Coming into force:  section 5

11(2)       Section 5 comes into force on a day to be fixed by proclamation.

Explanatory Note

This Bill amends The Human Tissue Act.

The title of the Act is changed to The Human Tissue Gift Act.

It designates agencies that are to be notified when a person has died or is about to die.  Those agencies are then responsible for ensuring that reasonable efforts are made to determine if there is a wish to donate organs or tissue.

In carrying out their role, the agencies are to work in consultation with hospitals.  The Bill also enables the agencies to obtain and share information required to perform their role.

Amendments are also made to the offence provisions.