French Public Health Code
In forceI - Prior to any removal or collection of elements and products of the human body for therapeutic purposes from a living or deceased person, doctors and, in the situation referred to in IV, midwives ensure the identity of the potential donor and compliance with the health safety rules in force.
II - The doctors and, where appropriate, the midwives will screen potential donors. The aim of this selection is to exclude people whose donation could either entail a risk to their own health, or entail a risk for the recipient that outweighs the expected benefit.
To assess these risks, they must:
1° Research the potential donor's personal and family medical and surgical history;
2° Find out about the donor's clinical condition, by carrying out a clinical examination, post mortem if necessary;
3° consulting any document containing relevant information and in particular the donor's medical records.
III -When the removal or collection is envisaged from a living donor, the doctor will conduct a medical interview with the potential donor and, where applicable, with his legal representative if he is a minor or with the person responsible for the person concerned under a legal protection measure with representation relating to the person, or with assistance to the person, provided that the person concerned expressly consents in the latter case, in order to obtain the additional information necessary for his selection. During this interview, he informs the donor about the risk of transmitting diseases to the recipient and ensures that the donor and, where applicable, his legal representative in the case of a minor or the person in charge of the legal protection measure with representation relating to the person :
1° Have understood the information given ;
2° Have had the opportunity to ask questions and have received satisfactory answers;
3° Have confirmed that all the information they have provided is, to the best of their knowledge, accurate.
IV -When the planned collection involves cells taken from cord blood or placenta, this selection may also be carried out by a midwife.
V.-When the removal or collection is envisaged from a deceased donor, the doctor will, as far as possible, collect the additional information required for the clinical selection of the donor from the deceased donor's relatives or from any persons likely to be able to provide this information.
VI - The information collected in this way is recorded in the donor's medical file, which is kept at the collection site. Information relating to the donor's medical history and, where applicable, any risk factors discovered during clinical selection is sent, where applicable in anonymous form, to the transplant teams or establishments mentioned in article L. 1243-2 , which then make it available to the transplant teams.
VII - Following the clinical selection of donors carried out under the conditions mentioned in II, III, IV and V, the doctor or midwife and, where applicable, the doctor in charge of the recipient, will exclude from donation living or deceased persons who present a contraindication.
VIII - In addition to the provisions set out in this article, specific provisions apply to the removal of organs in article R. 1231-1 and to the removal of tissues and cells in articles R. 1241-19-1 to R. 1241-19-3.
