The Human Tissue Act and You
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Transcript of The Human Tissue Act and You
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The Human Tissue Act and YouSteve Hopkins
Designated Individual for Research Tissue
http://www.hope-academic.org.uk/irr/hta/
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Aims
Brief introduction to the HTA To explain the role of the Designated
Individual, Licence Holder and Persons Designated
To summarise what is regulated To explain how this affects you
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Review of the Law 2000-2004What Influenced this?
Bristol / Alder Hey / Isaacs Reports CMO recommendations - January 2001 Retained Organs Commission Consultation on review of the law
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Human Tissue Act
The Human Tissue Act 2004 (HT Act) repeals and replaces the Human Tissue Act 1961, the Anatomy Act 1984 and the Human Organ Transplants Act 1989 as they relate to England and Wales, and the corresponding Orders in Northern Ireland.
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Human Tissue Act
The HT Act makes consent the fundamental principle Storage and use of body parts, organs
and tissue from the living or deceased for specified purposes
Removal of material from the deceased
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Two HTAs
Human Tissue Act (HT Act): Legislation underpinning lawful storage and use of tissue from the living or the deceased and removal of such material from the deceased.
Human Tissue Authority (HTA): Established to regulate activities under the Act
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The Human Tissue Authority’s Regulatory Aim
To create an effective regulatory framework for the removal, retention, use and disposal of human tissue and organs in which the public and professionals have confidence
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Licensed Sectors
Tissue for human application Post Mortem services Anatomy Public display Research
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Licensing under the HT Act 2004
One activity per licence
A licence must specify the premises where the activity is to be carried out
A licence cannot authorise licensed activity on premises at different places
One person (Designated Individual) supervises the activities under a licence
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HTA Governance Framework
Designated Individual
Licence applicant (if different to DI)
Person Designated: a person authorised by the DI and notified to the HTA, to whom the Licence applies
Persons acting under the direction of a DI or a Person Designated
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HTA Governance Framework
Licence
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The Role of the Designated Individual (DI)
Specific responsibilities as set out in section 18 of the Human Tissue Act
The DI is the person under whose supervision the licensed activity/ies are authorised to be carried on
Must be in a position to secure that activities are conducted properly by people who are suitable to carry out those activities
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Person Designated
Person designated as a person to whom the licence applies Must be named in a notice given by the DI
to the Authority Other people can work under the direction
of this person
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Licence Holder
Licence holder (if different to DI) Must have consent of DI for application Can be a corporate body: e.g. NHS Trust Can apply to vary licence to remove DI
without his/her consent
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Human Tissue Act
The HT Act makes consent the fundamental principle Storage and use of body parts, organs
and tissue from the living or deceased for specified purposes
Removal of material from the deceased
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Ethics and HTA
Human Tissue Act – Statutory
Ethical Approval – Is not
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Research Tissue Storage: Does it Require a Licence?
Tissue removal Tissue removed and stored for the primary purpose of
diagnosis or treatment - No Licence Tissue removed and stored to determine the cause of
death – Post Mortem Licence
Tissue removed and stored for the primary purpose of research
A specific research project with ethical approval – No Licence
Distribution to other researchers (tissue bank) – Licence A possible project in the future – Licence
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PRIMARY PURPOSE:Research
Yes, unless material is obtained
from a living person and is anonymised
Is it stored for a specific ethically
approved research project?
Yes No
Is a licence required?
Is a licence required?
Yes
Is consent required?
Yes
Is consent required?
No
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Specific Ethically Approved Project
Is use of tissue if defined clearly within an ethically approved project
Is not research on a specified disease (e.g. ‘Research to prevent growth of brain tumours’) where the specific project (e.g. Evaluation of growth factor production by pituitary tumours) has not been clearly outlined
Is not research where the tissue collection is specified in an ethics application but the specific use is not.
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Relevant Material
Consists of / includes cells – except gametes, embryos, hair or nails
Processed material, unless acellular
‘Waste products’, unless acellular
Isolated cells – except cell lines
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NRES & TissueExamples from Applications
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NRES & Tissue Examples from Applications
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NRES & Tissue Examples from Applications
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NRES & Tissue Examples from Applications
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Ethically Approved Tissue Bank
Voluntary
2 Types
1) Ethical approval for storage
Or
2) Ethical approval for storage and use
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Tissue Scenario 1
Ethically approved study collects blood from patient group
Store plasma for specified hormone measurement
Whole blood sample sent to another site for DNA extraction and storage
Keep remainder of plasma for later research without current approval
No Licence issue: blood may be an issue for the other site, if stored, but plasma is not regulated
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Tissue Scenario 2
Ethically approved study collects blood from patient group
Store plasma for specified hormone measurement
DNA extracted immediately for storage and subsequent studies
Keep remainder of plasma for later research without current approval
No Licence issue: plasma and DNA storage are not regulated
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Tissue Scenario 3
Skin samples collected from patients and volunteers for evaluation of structural proteins in and ethically approved study
Blood stored for later extraction of DNA to analyse genes for these proteins
No Licence issue: both tissues stored for specified research
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Tissue Scenario 4
Muscle biopsies collected from patients for evaluation of defined muscle proteins for an ethically approved study of myaesthenia
Blood stored for later studies of the genetics of muscle disease
There is a Licence issue: the research use of the blood is not specifically defined
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Tissue Scenario 5
Clinical trial collects blood and plasma samples for analysis of drug levels, defined metabolites and genes identifying susceptibility to the trial drug
Stored in trials unit to be sent to drug company at 3 month intervals
No Licence issue: the blood is stored for a specific research project
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Tissue Scenario 6
Clinical trial collects blood and plasma and urine samples for analysis of drug levels, defined metabolites and to establish bank of tissue for future identification of drug targets.
Stored in trials unit to be sent to drug company at 3 month intervals
There is a Licence issue: blood is stored for more than 7 days before transport and not for a specific project
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Tissue Scenario 7
Kidney biopsies collected for diagnosis and stored in the Histopathology Department
Ethically approved project requests release to a research group to analyse tubule proteins
No Licence issue: the tissue has been stored for diagnosisand the specific project is ethically approved
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Tissue Scenario 8
Lung tissue collected by ethically approved tissue bank with authority to approve projects using tissue
Sends tissue for a research project at another site with no HTA Licence and no NRES/IRAS approval
There is a Licence issue but storage is under License(or the bank would not have been ethically approved) and can grant approval for subsequent projects
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Tissue Scenario 9
Consent obtained from patients for storing tumours removed at surgery, for future research on brain tumours
No Ethical Approval applied for No current research study being
undertaken
What approvals needed?
An HTA Licence and approval of the DI
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Designated Individual for Research TissueSteve Hopkins: Ext - 64269
http://www.hope-academic.org.uk/biomed/HumanTissue.htm