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ASSISTED REPRODUCTIVE TREATMENT FURTHER AMENDMENT ACT 2014 (NO. 58 OF 2014) - SECT 16

New Part 6A inserted

After Part 6 of the Principal Act insert

" PART 6A—ACCESS TO CERTAIN KINDS OF MEDICAL INFORMATION

        68A     Application of Part

This Part applies in relation to medical information about an individual that is or could be predictive of the health (at any time) of the individual or any descendants of the individual.

        68B     Registered ART provider may disclose medical information

    (1)     A registered ART provider may disclose medical information about a donor to the following persons in accordance with section 68C—

        (a)     a person born as a result of a donor treatment procedure;

        (b)     the parent of a person born as a result of a donor treatment procedure;

        (c)     the woman and her partner, if any, who is to undergo a treatment procedure using the donor's gametes.

    (2)     A registered ART provider may disclose medical information about a person born as a result of a donor treatment procedure to the following persons in accordance with section 68C—

        (a)     the donor;

        (b)     an adult donor sibling of the person;

        (c)     the parent of a donor sibling of the person.    

        68C     Disclosure of medical information

    (1)     A registered ART provider may disclose medical information that is not identifying information about a donor or a person born as a result of a donor treatment procedure if a doctor has certified in writing that the disclosure is necessary—

        (a)     to save a person's life; or

        (b)     to warn the person to whom the information is to be disclosed about the existence of a genetic or hereditary condition that may be harmful to that person or that person's descendants.

    (2)     A disclosure of medical information to a person under this section must be made by a doctor on behalf of the registered ART provider.
s. 16

    (3)     If medical information is disclosed to a person under this section, the registered ART provider may also disclose the information to a doctor who is treating the person.

    (4)     Medical information may be disclosed under this section without the consent of the person to whom the information relates.

        68D     Disclosure of information from Central Register to registered ART provider

On request of a registered ART provider, the Registrar may disclose information (including identifying information) on the Central Register about the following persons for the purposes of disclosing medical information under this Part—

        (a)     a donor;

        (b)     a person born as a result of a donor treatment procedure;

        (c)     a parent of a person born as a result of a donor treatment procedure.

        68E     Registered ART provider not required to disclose medical information under this Part

Nothing in this Part requires a registered ART provider to disclose medical information to a person.

__________________".



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