Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024
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PART 3 Pathology Practice | ||
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Chapter 1 Preliminary and General | ||
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Definitions (Part 3) | ||
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38. In this Part— | ||
“Act of 2004” means the Health Act 2004 ; | ||
“Authority” means the Health Information and Quality Authority; | ||
“child” includes a stillborn child; | ||
“coronial post-mortem examination” means a post-mortem examination directed by or on behalf of a coroner under the Coroners Acts 1962 to 2024 in relation to a deceased person; | ||
“designated healthcare worker” means— | ||
(a) a registered medical practitioner, | ||
(b) a registered nurse or registered midwife within the meaning of section 2 (1) of the Nurses and Midwives Act 2011 , | ||
(c) a member of one or more of the following designated professions within the meaning of section 3 of the Health and Social Care Professionals Act 2005 , namely: | ||
(i) medical scientist; | ||
(ii) psychologist; | ||
(iii) social care worker; | ||
(iv) social worker; | ||
(v) such other designated profession within the meaning of the said section 3 of the said Act as the Minister considers appropriate and may prescribe by regulations under section 3 , | ||
(d) an anatomical pathology technician, or | ||
(e) a staff member nominated for that purpose by the hospital concerned, | ||
who by way of training and expertise has the relevant understanding and experience to undertake functions under this Part; | ||
“health service” means the provision, by or under the direction of a health services provider, of clinical care or any ancillary service to a patient for— | ||
(a) the screening (other than a cancer screening service), preservation or improvement of the health of the patient, | ||
(b) the prevention, diagnosis, treatment or care of an illness, injury or health condition of the patient, | ||
(c) the performance of surgery, or a surgical intervention, in respect of aesthetic purposes, or other non-medical purposes, that involves instruments or equipment being inserted into the body of the patient, or | ||
(d) without prejudice to paragraph (a), a cancer screening service; | ||
“hospital” shall be construed in accordance with section 39 ; | ||
“mother”, in relation to a foetus, means the woman who carried the foetus; | ||
“nominated person” has the meaning assigned to it by section 52 ; | ||
“non-coronial post-mortem examination” means the examination of the body of a deceased person (including a foetus or stillborn child) involving its dissection and the removal of part of a body which is carried out for a purpose specified in section 44 and includes— | ||
(a) removal of tissue for diagnostic purposes and the retention of small samples of same as histological blocks and slides to form part of the post-mortem record, and | ||
(b) for the purposes of a non-coronial post-mortem examination of a foetus, a laboratory examination performed on the foetus for any of the purposes specified in that section; | ||
“part of a body” means any part of the human anatomy and includes but is not limited to— | ||
(a) an organ, | ||
(b) tissue, | ||
(c) a limb or part of a limb, | ||
(d) blood or any material derived from blood, or | ||
(e) any other biological fluid; | ||
“post-mortem examination report” has the meaning assigned to it by section 46 ; | ||
“private hospital” means a hospital under the management or control of a person (other than the Executive)— | ||
(a) at which— | ||
(i) medical or surgical treatment for illness, injury, disability, palliative, obstetric or gynaecological care, or | ||
(ii) a health service, is provided to a person which provision of treatment is under the direction of registered medical practitioners from at least 3 different medical specialities who are registered in the Specialist Division of the register of medical practitioners, | ||
and | ||
(b) which is capable of accommodating one or more persons in that hospital when providing the treatment under paragraph (a), for a minimum period of 24 hours, but does not include— | ||
(i) a designated centre (within the meaning of the Health Act 2007 ), | ||
(ii) a centre registered by the Mental Health Commission, | ||
(iii) a provider of a health service who enters into an arrangement under section 38 of the Act of 2004 to provide a health or personal social service on behalf of the Executive, or | ||
(iv) a hospital which is in receipt of assistance under section 39 of the Act of 2004; | ||
“stillborn child” has the same meaning as it has in section 2 (1) of the Civil Registration Act 2004 . |