PART II
REMOVAL
OF ORGAN AFTER DEATH
Authorities may remove organ after death
5.
—(1)
The
designated officer of a hospital may, subject to and in accordance
with this section, authorise, in writing, the removal of any organ
from the body of a person who has died in the hospital for the purpose
of the transplantation of the organ to the body of a living person.
(2)
No authority shall be given under
subsection (1) for the removal of the organ from the body of any
deceased person —(a)
who has during his lifetime registered
his objection with the Director to the removal of the organ from
his body after his death;
(b)
who is neither a citizen nor a permanent
resident of Singapore;
(c)
who
is below 21 years of age unless the parent or guardian has consented
to such removal; or
(d)
Deleted by Act 14/2009, wef 01/11/2009.
(e)
whom
the designated officer, after making such inquiries as are reasonable in
the circumstances, has reason to believe was mentally disordered, unless
the parent or guardian has consented to such removal.
(f)
Deleted by Act 2/2008, wef 01/08/2008.
(3)
In this section, “permanent
resident” includes —(a)
a person who holds a Singapore blue
identity card; and
(b)
a person who holds an Entry Permit
or Re-entry Permit issued by the Controller of Immigration,
and who is not subject to any restriction
as to his period of residence in Singapore imposed under the Immigration
Act (Cap. 133).
[ACT Transplantation
and Anatomy 1977, s. 25]
Coroner’s consent
6.
—(1)
If the designated officer of the
hospital has reason to believe that the circumstances applicable
to the death of the person are such that the Coroner has jurisdiction
to hold an inquest into the manner and cause of death of the person,
the designated officer shall not authorise the removal of any organ
from the body of the deceased person unless the Coroner has given
his consent to the removal.
(2)
The consent by the Coroner under this
section may be expressed to be subject to such conditions as are
specified in the consent.
(3)
The consent may be given orally by
the Coroner, and if so given shall be confirmed in writing.
(4)
In this section, “Coroner” means
a Coroner appointed under section 10 of the Subordinate Courts Act
(Cap. 321).
[ACT Transplantation
and Anatomy 1977, s. 27]
Organ to be removed and transplanted by authorised
medical practitioners
7.
—(1)
No
person other than an authorised medical practitioner in a hospital
shall remove any organ which is authorised to be removed pursuant
to section 5 or transplant any such organ.
(2)
For the purposes of subsection (1), “authorised
medical practitioner” means a medical practitioner who
has been authorised by the Director to remove any organ pursuant
to section 5 or to transplant any such organ.
(3)
Any person who contravenes subsection
(1) shall be guilty of an offence and shall be liable on conviction
to a fine not exceeding $10,000 or to imprisonment for a
term not exceeding 12 months or to both.
Operation of other laws
8.
Nothing
in this Part shall prevent the removal of any organ from the bodies
of deceased persons in accordance with the provisions of any other
written law.