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National Health Act, 2003 (Act No. 61 of 2003

Chapter 8 : Control of use of blood, blood products, tissue and gametes in humans

56. Use of tissue, blood, blood products or gametes removed or withdrawn from living persons

 

(1) A person may use tissue or gametes removed or blood or a blood product withdrawn from a living person only for such medical or dental purposes as may be prescribed.

 

(2)
(a) Subject to paragraph (b), the following tissue, blood, blood products or gametes may not be removed or withdrawn from a living person for any purpose contemplated in subsection (1):
(i) Tissue, blood, a blood product or a gamete from a person who is mentally ill within the meaning of the Mental Health Care Act, 2002 (Act No. 17 of 2002);
(ii) tissue which is not replaceable by natural processes from a person younger than 18 years:
(iii) a gamete from a person younger than 18 years; or
(iv) placenta, embryonic or foetal tissue, stem cells and umbilical cord, excluding umbilical cord progenitor cells.
(b) The Minister may authorise the removal or withdrawal of tissue, blood, a blood product or gametes contemplated in paragraph (a) and may impose any condition which may be necessary in respect of such removal or withdrawal.