Malawi
Anatomy Act
Chapter 34:03
- Commenced on 1 April 1991
- [This is the version of this document at 31 December 2017.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
Part I – Preliminary
1. Short title
This Act may be cited as the Anatomy Act.2. Interpretation
In this Act, unless the context otherwise requires—“approved school of anatomy” means any school, college, hospital or other institution authorized under this Act to receive, acquire, preserve, issue or use the bodies of deceased persons for educational, scientific, therapeutic or diagnostic purposes;“body” means the human body;“dentist” means a person registered as such under the Medical Practitioners and Dentists Act;[Cap 36:01]“examine anatomically” includes dissection of a body;“medical practitioner” means a person registered as such under the Medical Practitioners and Dentists Act;[Cap 36:01]“scientific purposes” means—(a)any medical or dental education or research; or(b)the advancement of medical or dental science;“therapeutic purposes”, in relation to the use of tissue removed from the body of a person, means therapy of, including use in, the body of any other living person;“tissue” means any human tissue including any human flesh, organ, bone, body fluid or derivative of any human tissue.Part II – Authority for anatomical examination of the body of a deceased person
3. Authority for anatomical examination of the body of a deceased person
4. Inquests, postmortems, etc.
Where a person has reason to believe that, in accordance with any written law—5. Persons who may give authority in respect of bodies lying in hospitals, etc.
Where the body of a deceased person which is to be examined anatomically lies in a hospital, nursing home, prison or other institution, authority required to be given under section 3 may be given by the person having the control and management of that institution or by a person duly authorized to act on behalf of such person or by a medical practitioner serving at, or visiting, the institution.6. Examination of bodies to be under supervision of a medical practitioner or a dentist
7. Conditions to be complied with before a body is examined
8. Disposal of body anatomically examined and notice thereof
9. Illegal taking or removing of parts of a deceased person
10. Postmortem examination of a body
Any medical practitioner may, with the prior approval of a close relative of the deceased person or, in case where a close relative is not known, the police officer in charge of a police station, carry out a postmortem examination on the body of a deceased person before its burial or examination in order to establish the cause of death.11. Removal of tissue from bodies of living persons
Any medical practitioner or any other authorized person may remove tissue from the body of a living person for educational, scientific, research, therapeutic or diagnostic purposes with the consent of—Part III – Conduct of anatomical examinations and approved schools of anatomy
12. Conduct of anatomical examination of bodies
13. Designation of schools of anatomy
Part IV – Miscellaneous provisions
14. Acquisition, preservation, receiving, use, etc., by authorized institutions
15. Control over the body or tissue
A person to whom the body of a deceased person or tissue is donated or who acquires any body or tissue under this Act shall, upon delivery of the body or tissue to him, be vested, subject to this Act, with the exclusive control over the body or tissue.16. Prohibition of sale of body or tissue
A person who—17. Prohibition of publication of identity of donor or recipient of a body or tissue
18. Offences and penalties
19. Documentation
20. Inspection
21. Dispatch of bodies or tissue between Malaŵi and other countries
22. Prohibition against unauthorized exportation of tissue
23. Regulations
The Minister may make regulations generally for the better carrying out of the provisions and purposes of this Act, and without prejudice to the generality of the foregoing, such regulations may make provision for—24. Repeal of Cap. 34:03
The Human Tissue Act is hereby repealed.History of this document
31 December 2017 this version
Consolidation
31 December 2014
Consolidation
Read this version
01 April 1991
Commenced