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AR 196/2009 HUMAN TISSUE AND ORGAN DONATION REGULATION

(no amdt)

ALBERTA REGULATION 196/2009

Human Tissue and Organ Donation Act

HUMAN TISSUE AND ORGAN DONATION REGULATION

Table of Contents

                1       Interpretation

                2       Donation agencies

                3       Registration


                4       Requirements for transplantation

                5       Independent assessment committee

                6       Expiry

                7       Coming into force

Interpretation

1   In this Regulation,

                                 (a)    “Act” means the Human Tissue and Organ Donation Act;

                                 (b)    “College” means

                                           (i)    the College of Physicians and Surgeons of Alberta, or

                                          (ii)    the Alberta Dental Association and College.

Donation agencies

2   The following Alberta organizations are designated as donation agencies:

                                 (a)    Comprehensive Tissue Centre;

                                 (b)    Human Organ Procurement and Exchange North;

                                 (c)    Southern Alberta Organ and Tissue Donation Program;

                                 (d)    Lions Eye Bank (Alberta) Society.

Registration

3(1)  A person is registered to perform transplantations for the purpose of section 3(6) of the Act if

                                 (a)    the person is registered

                                           (i)    as a regulated member with the Alberta Dental Association and College under the Health Professions Act, or

                                          (ii)    as a registered practitioner with the College of Physicians and Surgeons of the Province of Alberta under the Medical Profession Act,

                                     and

                                 (b)    the person’s registration identifies

                                           (i)    the types of transplantations the person may perform, and

                                          (ii)    the surgical facilities in which the transplantations may be performed. 

(2)  A surgical facility is registered for the purpose of section 3(6) of the Act if it is identified in a registration referred to in subsection (1)(b).

(3)  A College must provide the Minister with the registration information in the form and manner required by the Minister.

Requirements for transplantation

4(1)  For greater certainty, a person who uses, procures or processes a tissue, organ or body for transplantation must comply with

                                 (a)    the Act and this Regulation,

                                 (b)    the Food and Drugs Act (Canada) and its regulations, and

                                 (c)    any other legislation that may apply.

(2)  A person shall not use an organ for transplantation unless the procurement of the organ is co-ordinated by a donation agency.

Independent assessment committee

5(1)  An independent assessment committee shall be established, for the purposes of approving a donation by a minor under section 5 of the Act, by the medical director of the surgical facility where the donated tissue or organ would be procured for transplantation.

(2)  The independent assessment committee shall have a minimum of 3 members, one of whom shall be a physician and one of whom shall be a psychologist or psychiatrist.

(3)  No person who has had any association with the donor or the recipient that might influence the person’s judgment shall be a member of the independent assessment committee.

Expiry

6   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on March 1, 2019.

Coming into force

7(1)  Subject to subsection (2), this Regulation comes into force on the coming into force of section 14 of the Act.

(2)  Section 3 comes into force on the coming into force of section 3(6) of the Act.