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TRANSPLANTATION AND ANATOMY ACT 1979 - SECT 20
Blood transfusions to children without consent
20 Blood transfusions to children without consent
(1) Where a blood transfusion is administered by a medical practitioner to a
child, the medical practitioner or any person acting in aid of the
medical practitioner and under the medical practitioner’s supervision in
administering such transfusion, shall not incur any criminal liability by
reason only that the consent of a parent of the child or a person having
authority to consent to the administration of the transfusion was refused or
not obtained if— (a) in the opinion of the medical practitioner a blood
transfusion was necessary to preserve the life of the child; and
(b)
either— (i) upon and after in person examining the child, a second
medical practitioner concurred in such opinion before the administration of
the blood transfusion; or
(ii) the medical superintendent of a base hospital,
being satisfied that a second medical practitioner is not available to examine
the child and that a blood transfusion was necessary to preserve the life of
the child, consented to the transfusion before it was administered (which
consent may be obtained and given by any means of communication whatever).
(2) Where a blood transfusion is administered to a child in accordance with
this section, the transfusion shall, for all purposes, be deemed to have been
administered with the consent of a parent of the child or a person having
authority to consent to the administration.
(3) Nothing in this section
relieves a medical practitioner from liability in respect of the
administration of a blood transfusion to a child, being a liability to which
the medical practitioner would have been subject if the transfusion had been
administered with the consent of a parent of the child or a person having
authority to consent to the administration of the transfusion.
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