Subsection 2: Harvesting haematopoietic cells collected from bone marrow or peripheral blood from a donor of full age who is the subject of a legal protection measure with representation relating to the person

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R1241-5R1241-6R1241-7R1241-8

Article R1241-8

French Public Health CodeIn force
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Updated 5 Nov 2023

If the guardianship judge considers that the protected person does not have the capacity to consent to the donation, he shall refer the matter by any means to the committee of experts referred to in article L. 1231-3 so that it can give its opinion on the request.

The committee of experts shall hear the donor in the presence of the person responsible for the protective measure or, where applicable, the ad hoc administrator appointed by the guardianship judge. It ensures that the donor does not refuse the procedure and that, given his degree of discernment, he has assessed the risks and consequences of the donation. The committee draws up its opinion under the conditions set out in articles R. 1231-8 and R. 1231-9. It asks the doctor who has indicated the need for the transplant to provide proof that every effort has been made to find a non-protected adult donor compatible with the recipient. The committee of experts sends its reasoned opinion to the guardianship judge.

The opinion of the committee of experts may be consulted at the office of the guardianship judge by the protected adult, the ad hoc administrator or his lawyer. However, where the request is made by the adult, the guardianship judge may, by reasoned decision, exclude all or part of the documents making up the opinion from consultation, where this is likely to cause the adult serious psychological harm.

The guardianship judge will decide on the application for authorisation to take the sample after hearing or summoning the protected person and the person responsible for the protective measure, where the latter is neither the recipient nor a descendant or collateral of the recipient, or where applicable the ad hoc administrator.

The decision of the guardianship judge is notified to the protected person, the person responsible for the protective measure, the ad hoc administrator and the doctor in charge of the service, department or care structure of the health establishment where the removal is planned. The doctor forwards it to the director of the establishment.

Mariela Petrova

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Mariela Petrova

Mariela Petrova

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