Chapter II: Donation and use of organs, tissues or cells for therapeutic purposes

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Article R1522-3

French Public Health CodeIn force

Updated 4 Nov 2023

For their application in Wallis and Futuna:

1° Article R. 1231-2 is replaced by the following provisions, to which 14° of Article R. 1527-1 does not apply:

"Art. R. 1231-2. - The donor shall express his consent before the President of the Court of First Instance or his delegate upon simple request. The presence of a lawyer is not compulsory.

Subject to the provisions of the following two paragraphs, the court with territorial jurisdiction is the court of first instance within whose jurisdiction the donor resides.

Where a donation is to be taken from a health establishment far from the donor's usual place of residence, the donor may bring the matter either before the court of first instance within whose jurisdiction the donor resides, or before the court of first instance or the court of first instance within whose jurisdiction the health establishment where the donation is to be taken is located.

If the donor is to be removed abroad, he may refer the matter either to the court of first instance for his usual place of residence, or to the court of first instance or the court of first instance within whose jurisdiction the health establishment on whose behalf the removal is to be carried out is located. "

2° A new paragraph is added to article R. 1231-5:

"The Minister for Health shall designate, by means of an order issued after obtaining the opinion of the Director General of the Agence de la biomédecine, the committee of experts with territorial jurisdiction in Wallis and Futuna for cases where the removal is planned on the territory or on behalf of its health agency. This committee may be one of those mentioned in the first paragraph, or one of those set up for New Caledonia and French Polynesia by virtue of Article R. 1542-2. "

3° The Minister for Health designates, by order, the competent authority for issuing the authorisations mentioned in Article R. 1235-6.

Mariela Petrova

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Mariela Petrova

Mariela Petrova

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