If a patient has a tumour surgically removed, can the excosed tumour tissue be banked for future use and then used? Is the patients consent necessary? what are the legal issues associated with this and the relevent sources of law in Canada?
Yes, surgically removed tumour tissue can be banked.Most tumour banks collect tumour samples from discarded tissues not needed for pathogenic diagnosis, after patients undergo surgery to remove the tumour and this tissue is used in medical research and education. The excised tissues or samples collected during cource of standard care for use in research may or may not require consent of the patient. In US samples may be collected and used with patient's consent, or after some period of time defined by clinic's Institutional Review Board samples may be considered exempt from consent under US 45CFR46 which governs the use of human subjects in research.
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