Anatomy Law
Text as published in Laws of Delta State. Reproduced for reference. Verify against the Gazette before relying on it in court.
Section 1
1. Citation
This Law may be cited as the Anatomy Law.
Section 2
2. Controller of Medical Services may grant licences to practice anatomy.
(1)
It shall be lawful for the Director of Medical Services to grant a licence to practice anatomy
to the superintendent of any school of anatomy.
Section 1 varied
(2) Such licence granted as aforesaid shall be deemed to authorise the practice of
anatomy in such school by any teacher or medical practitioner employed therein, and by
any student attending a course of studies at such school when working under the
supervision of such superintendent, teacher, or medical practitioner.
Section 3
3. Executors or other persons having lawful custody of bodies permit them to
undergo anatomical examination.
It shall be lawful for any executor or other person having lawful possession of the body of
any deceased person, and not being an undertaker or other person entrusted with the
body for the purpose only of interment, to permit the body of such deceased person to
undergo anatomical examination, unless, to the knowledge of such executor or other
person, such deceased person shall have expressed his desire, either in writing at any time
during his life or verbally in the presence of two or more witnesses during the illness
whereof he died, that his body after death might not undergo such examination, or unless
the surviving husband or wife, or any known relative of the deceased person shall require
the body to be interred without such examination.
[Section 7]
Section 4
4. Provision in case of persons directing anatomical examination after their
death.
If any person either in writing at any time during his life, or verbally in the presence of two
provision in case or more witnesses during the illness whereof he died, shall direct that his
body after death be examined anatomically, or shall nominate the superintendent of any
school of anatomy, who is licensed under the provisions of this Law to examine bodies
anatomically, to make examination after such examination, and if, before the burial of the
body of such person, such direction or their death such direction or nomination shall be
made known to the person having lawful possession of the dead body, then such last
mentioned person shall direct such examination to be made in case of any such
examination as aforesaid will request and permit any person so authorised and nominated
as aforesaid to make such examination unless the surviving husband or wife or any known
relative of the deceased person shall require the body to be interred without such
examination.
Section 5
5. The body not to be removed without a certificate.
(1) The body of a person shall not be removed for anatomical examination from any
place where such person may have died unless-
(a)
twenty-four hours have elapsed from the time of such person’s decease; and
[Section 9]
(b) a certificate stating in what manner such person came by his death shall have
been signed by the medical practitioner who attended such person during the illness
whereof he died; or
(c) if such person was not attended by a medical practitioner during such illness, a
certificate stating to the best of his knowledge and belief the manner or cause of
death by some medical practitioner who shall be called in after the death of such
person to view his body, but who shall not be concerned in examining the body after
removal.
(2) In the case of the removal of a body for anatomical examination, any such certificate
given under the provisions of subsection (1) shall be delivered, together with the body, to
the person receiving the same for anatomical examination.
(3) Nothing in this section shall be deemed to prohibit the preservation of a body for
anatomical examination at any time after death by injection or otherwise by the
superintendent of a school of anatomy who is licensed under this Law or by some person
authorised by such superintendent.
Section 6
6. Superintendent of school of anatomy may receive bodies for anatomical
examination.
It shall be lawful for any superintendent of a school of anatomy who has been licensed
under this Law as aforesaid or any teacher or medical practitioner employed in or any
student attending a course of studies at such a school, the superintendent of which has
been so licensed, to receive or possess for anatomical examination in such school, or to
examine anatomically at such school, the body of any person deceased, if permitted or
directed so to do by a person who had at the time of giving such permission or direction
lawful possession of the body and who had power, in pursuance of the provisions of this
Law to permit or cause the body to be so examined, and provided such certificate as
aforesaid was delivered by such person together with the body.
Section 7
7. Superintendent of school of anatomy to receive with body a certificate as
aforesaid and keep record of particulars of deceased.
(1)
Every superintendent of a school of anatomy so receiving a body for anatomical
examination shall demand and receive, together with the body, a certificate as aforesaid
and shall within twenty-four hours enter or cause to be entered in a book to be kept by him
for that purpose, together with a copy of the certificate, the following particulars-
[Section 11]
(a) at what hour and day the body was received;
(b) the name and address of the person from whom the body was received;
(c) the date and place of death;
(d) the sex and as far as is known at the time the christian and surname, age and
last place of abode of the deceased.
(2) Such book shall be produced by the superintendent of a school of anatomy whenever
required so to do by the Director Medical Services.
Section 8
8. How bodies are to be removed for examination.
The removal of a body for anatomical examination as aforesaid shall be subject to the
following conditions:-
[Section 13]
(a) such body shall, before such removal, be placed in a decent coffin or shell, and
be removed therein;
(b) the person removing such body or causing the same to be removed as
aforesaid shall make provision that such body, after undergoing anatomical
examination shall be decently interred in some public burial ground in use for
persons of that religious persuasion to which the person whose body was so removed
belonged or, if such religious persuasion is unknown, in any public burial ground;
(c)
a certification of the interment of such body shall be transmitted to the Director of
Medical Services within six months after the day on which such body was received as
aforesaid:
Provided that the said Director of Medical Services may, from time to time, by order
vary the period within which such certificates of interment shall be transmitted as
aforesaid.
Section 9
9. Persons not to be liable to prosecution for having in their possession human
bodies.
No superintendent of a school of anatomy who is licensed under this Law nor any teacher
or medical practitioner employed in nor any student attending a course of studies at such
a school the superintendent of which is so licensed shall be liable to any prosecution or
penalty for receiving or having in his possession for anatomical examination at such school
or for examining anatomically at such school, any dead human body, according to the
provisions of this law.
[Section 14]
Section 10
10. Law not to extend to or prohibit post mortem examination directed by
competent authority.
Nothing in this Law contained shall be construed to extend to or to prohibit any
postmortern examination of any human body required or directed to be made by any
competent legal authority.
[Section 15]
Section 11
11. Penalty for contravention of this Law.
Any person who contravenes any of the provisions of this Law shall be deemed to have
committed an offence and on being convicted thereof shall be liable to imprisonment for a
term not exceeding two years or to a fine not exceeding five thousand naira or to both.
[Section 18]
Section 12
12. Power to make regulations prescribing forms.
The Executive Council may make regulations for regulating the issue of and prescribing the
form of licences and certificates issued under the provisions of this Law.
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