Regulation 4
Approval and appointment of transplant ethics committees
of Human Organ Transplant Regulations 2004
Subregulation 1
For the purpose of enabling transplant ethics committees to be appointed under Part 4A of the Act —
the licensee of a hospital must, with the approval of the Director‑General, establish a panel of not less than 3 persons, who must be medical practitioners employed or otherwise connected with the hospital; and
the Director‑General must establish —
a panel of medical practitioners; and (ii)a panel of lay persons,comprising the numbers of medical practitioners and lay persons, respectively, determined by the Director‑General.
Subregulation 2
A member of any of the panels in paragraph (1) is to be appointed for a term of not more than 2 years and —
he or she may be re-appointed with the approval of the Director‑General; and
his or her appointment may at any time be terminated by the Director‑General.
Subregulation 3
The licensee of a hospital must, when applying for the approval of the Director‑General under sub‑paragraph (a) of paragraph (1), submit to the Director‑General the names and curriculum vitae of the persons nominated for the panel referred to in that sub‑paragraph.
Subregulation 4
Subject to paragraphs (5) and (6), the licensee of a hospital must, from time to time as the circumstances may require, appoint a transplant ethics committee comprising —
one member from the panel mentioned in paragraph (1)(a);
one member from the panel mentioned in paragraph (1)(b)(i) who is not employed or otherwise connected with the hospital; and
one member from the panel mentioned in paragraph (1)(b)(ii).
Subregulation 5
Where it comes to the notice of the licensee of a hospital in which any living donor organ transplant is intended to be carried out, whether from the information provided in the application form for the written authorisation of the transplant ethics committee of the hospital or otherwise, that —
a prior application for written authorisation under section 15(1) of the Act has been made to a transplant ethics committee in respect of the same prospective donor and prospective recipient; and
the transplant ethics committee mentioned in sub‑paragraph (a) has refused to grant written authorisation,the licensee must —
seek the approval of the Director‑General if the licensee desires to proceed with the appointment of a transplant ethics committee under paragraph (4); and
decline to appoint a transplant ethics committee if the Director‑General does not grant his or her approval.
Subregulation 6
The licensee of a hospital may, with the approval of the Director‑General, appoint one or more additional members to the transplant ethics committee.
Subregulation 7
Subject to the provisions of the Act and these Regulations, a transplant ethics committee may make rules to regulate its own procedure.
Subregulation 8
The licensee of a hospital may, with the approval of the Director‑General, change the membership of the panel mentioned in paragraph (1)(a).