oa South African Journal of Bioethics and Law - Enactment of Chapter 8 of the National Health Act and regulations thereto : letter



Legislation pertaining to human tissues is complex. In addition to an ever-changing landscape where advances in science and medicine need to be accommodated, a high degree of technical expertise is required to ensure that the legislation is accurate, appropriate and unambiguous. It is generally accepted that, where human tissue legislation is concerned, the law does not keep pace with advances in science and technology. In this regard, the National Health Act 61 of 2003 (hereafter NHA), assented to by the President on 18 July 2004, came into force on 2 May 2005. At that time, however, Chapter 8 of the NHA, entitled 'Control of use of Blood, Blood Products, Tissue and Gametes in Humans', was not enacted, and matters pertaining to human tissues were legislated under the Human Tissue Act 65 of 1983 (hereafter HTA).


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