CHAPTER 34:03
ANATOMY

ARRANGEMENT OF SECTIONS

   SECTION

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

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.

   5.   Persons who may give authority in respect of bodies lying in hospitals, etc.

   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 examined anatomically

   9.   Illegal taking or removing of parts of a body of a deceased person

   10.   Postmortem examination of a body

   11.   Removal of tissue from bodies of living persons

PART III
CONDUCT OF ANATOMICAL EXAMINATIONS AND APPROVED SCHOOLS OF ANATOMY

   12.   Conduct of anatomical examinations 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

   16.   Prohibition of sale of body or tissue

   17.   Prohibition of publication of identity of donor or of recipient of body or tissue

   18.   Offences and penalties

   19.   Documentation

   20.   Inspection

   21.   Dispatch of bodies or tissue between Malawi and other countries

   22.   Prohibition against unauthorized exportation of tissue

   23.   Regulations

   24.   Repeal of Cap. 34:03

34 of 1990
G.N. 39/1991

   An Act to make provision for the donation, examination and use of bodies, or parts of bodies, of deceased persons for educational, scientific, research, therapeutic or diagnostic purposes; to re-enact the law dealing with human tissue and to provide for matters incidental thereto or connected therewith

[1ST APRIL 1991]

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;

   “examine anatomically” includes dissection of a body;

   “medical practitioner” means a person registered as such under the Medical Practitioners and Dentists Act;

   “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

   (1) If any person, either in writing signed by him at any time or orally in the presence of two or more witnesses during the illness from which he died—

   (a)   has directed or expressed the wish that his body after his death be examined anatomically; or

   (b)   has nominated any person to examine his body anatomically after his death,

the person lawfully in possession of that person’s body after his death shall, if such direction, wish or nomination is made known to him before he has disposed of the body, in writing authorize that the body be examined anatomically or, in the case of nomination, shall in writing authorize the person nominated to examine the body anatomically, in either case, in an approved school of anatomy, unless the person lawfully in possession of the body has reason to believe that the direction or nomination was withdrawn by the deceased, or that the surviving spouse or a close relative of the deceased person objects to the body being examined anatomically.

   (2) No authority shall be given under subsection (1) in respect of a body of a deceased person by a person lawfully in possession of the body for the purpose only of its cremation or interment.

4.   Inquests, postmortems, etc.

   Where a person has reason to believe that, in accordance with any written law—

   (a)   an inquest may be required to be held on a body of a deceased person; or

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