Written answer
Organ Retention
The HSE’s 2023 guidelines require consent for organ retention during non-coronial post-mortems and provide communication guidance, while coroners may temporarily retain organs without consent to establish cause of death. Continued retention requires consent; the 2024 Human Tissue Act will further standardise practices and regulation.
1182. Deputy Seán Ó Fearghaíl asked the Minister for Health the current policy framework within the HSE regarding the practice of retaining organs following the conduct of a post-mortem examination (details supplied); if standardised procedures are in place for communicating with next-of-kin in relation to same; if it is a clear requirement for the HSE or coroners to communicate with the next-of-kin immediately following a post-mortem where an organ is to be retained; if she is satisfied that next-of-kin are always dealt with in an appropriately sensitive manner; and if she will make a statement on the matter. [64565/26]
Comment on this
Post-mortem examinations (PMEs) are a vital part of medical practice. It is one of the most informative investigations in medicine and can provide objective information on the cause of death, which is of value to the family of the deceased, healthcare professionals, and other interested parties. PMEs may be directed by the coroner or carried out with consent of the next of kin, or another authorised person.
Organs or tissues are sometimes removed and retained as part of a PME, primarily to allow for analysis of the cause of death. In hospital PMEs this follows a detailed information and consent process with families.
The HSE has advised that the current policy framework governing all aspects of PME practice is contained in the HSE National Clinical Guidelines for Post Mortem Examination Services published in 2023.
For a consented or non-coronial PME, consent is required for all temporary retention of organs, even when this is necessary to establish the cause of death.
Coroners are obliged by law, under the Coroners Act 1962 as amended to inquire into and investigate certain deaths. Consent from the family of the deceased is not required if a PME is ordered by the coroner. Consent is also not required for the temporary retention of organs to establish the cause of death and any other relevant matters. However, consent is required for the continued retention of organs for any purpose once the coroner’s PME and any other legal functions are complete.
The HSE National Clinical Guidelines provide detailed best practice guidance about communication with families in relation to temporary retention of an organ for both coronial and non-coronial PMEs.
I am informed that bereavement professionals and other healthcare professionals aim to comply with these best practice guidelines, and to care for bereaved families with sensitivity and empathy.
In addition, Part 3 of the Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024, once commenced, will establish a new regulatory regime to ensure best practice is followed in the conduct of PMEs.
Amongst other things, the legislation will introduce regulations aligning practices in relation to the retention, storage and management of organs across the non-coronial and coronial systems. It will also lead to improved standards of practice across both the coronial and non-coronial system and complement the HSE National Clinical Guidelines for Post-Mortem Examination Services.