French Public Health Code
In forceThe committee of experts whose intervention is provided for in articles L. 1231-1, L. 1241-3 and L. 1241-4 sits in two panels of five members appointed for three years by order of the Minister for Health. Three of these members, including two doctors and a person qualified in the human and social sciences, are common to both panels. When the committee gives an opinion on samples taken from adults as referred to in articles L. 1231-1 and L. 1241-4, it includes a psychologist and a doctor. When it gives an opinion on samples taken from minors as referred to in article L. 1241-3, it includes a person qualified in the field of child psychology and a paediatrician. The five members of the committee of experts are appointed by the Agence de la biomédecine from among the available members listed in the aforementioned order. The committee thus constituted issues its authorisation by any means. In the event of a life-threatening emergency, the information provided for in III of article L. 1231-1 is given by the practitioner who indicated the transplant or by any other practitioner of the donor's choice.
The committee's decision must comply with the general principles set out in Title I of this book.
In order to assess the medical justification for organ removal and transplantation, the risks that removal may entail for the donor and the foreseeable physical and psychological consequences, the Committee may have access to medical information concerning the potential donor and recipient. Its members are required to keep secret any information that comes to their knowledge by virtue of their duties.
No reasons are given for decisions taken by the committee.
