Legal requirements for donating and retaining organs: the Human Tissue Act

The Human Tissue Act 2004 came into force on 1 September 2006 and introduced significant changes in the way human body parts, tissue and organs are removed, stored and used. The Act seeks to remedy the poor availability of organs for transplant caused in part by laws that date back to the 17th Century and to right the concerns raised by the Liverpool Children's Inquiry that revealed widespread retention of organs by hospitals without permission. In this article Richard Griffith describes how consent is now the driving force underpinning such activity and how the wishes of the patient remain paramount even after death. He also outlines how the Human Tissue Authority will licence and inspect activities involving human tissue under the Act and discuss how the new law will affect district nurse practice.