Ethics Guidance for Occupational Health Practice 9th Edition - Book - Page 50
Human Tissue Act 2004
3.62. The Human Tissue Act 2004 30 (HTA) and its Code of Practice require
that appropriate and informed consent must be in place to remove, store and
use tissue from the body of a deceased person. This may be relevant where
there is a need to consider post-exposure prophylaxis for a healthcare worker
following a sharps injury or contamination incident where the HIV status of a
source patient is unknown and the patient has died. It is vital to rigorously apply
the requirements of the Act, making all reasonable efforts to obtain appropriate
consent because the HTA creates a criminal offence in the event
of removal, testing or storage of human tissue without appropriate consent.
3.63. Appropriate consent means:
The patient’s consent if it was in force immediately before they died.
Consent of a nominated representative appointed to deal with the issue of
consent in relation to the specific activity.
If neither of the above applies, the consent of a person who stood in a qualifying
relationship with the deceased person immediately before they died. The Act
provides a hierarchy of qualifying relationships, starting from a spouse or
partner to a friend of long standing.
Even if the body of a deceased person is under the legal control of a coroner,
the coroner cannot authorise the blood sampling and testing for purposes not
concerned with establishing the cause of death of the deceased.
If appropriate consent cannot be obtained as described above within a
reasonable period or if the identity of a deceased source patient is unknown,
the practitioner/organisation will have to seek a judicial order from the High
Court authorising the obtaining and testing of a blood sample from the
deceased.
Page | 49
