Singapore legislation
Section 2A
Section 2A
Criteria for determining death
(1)
For all purposes, a person has died when there has occurred either —
irreversible cessation of circulation of blood and respiration in the body of the person; or
total and irreversible cessation of all functions of the brain of the person.
(2)
The determination of the irreversible cessation of circulation of blood and respiration in the body of a person must, subject to subsection (5), be made in accordance with the ordinary standards of current medical practice.
(3)
The determination of the total and irreversible cessation of all functions of the brain of a person must, subject to subsections (4) and (6), be made in accordance with the prescribed criteria.
(4)
Except in the circumstances referred to in subsection (6), the determination of the total and irreversible cessation of all functions of the brain of a person must be certified in the prescribed form by 2 medical practitioners —
at least one of whom has not been involved in the care or treatment of the person so certified; and
who possess the prescribed postgraduate medical qualifications.
(5)
If the death of a person from whose body an organ is to be removed after his or her death as authorised under the Human Organ Transplant Act 1987 or the Medical (Therapy, Education and Research) Act 1972 is determined by the irreversible cessation of circulation of blood and respiration in the body of that person, the person’s death must be certified in the prescribed form by 2 medical practitioners —
who have not been involved in the care or treatment of the person so certified;
who do not belong to the team of medical practitioners that will effect the removal of the organ from the body;
who have not been involved in the selection of the proposed recipient of the organ; and
who will not be involved in the care or treatment of the proposed recipient of the organ during his or her hospitalisation for the purpose of the transplant.
(6)
If the death of a person from whose body an organ is to be removed after his or her death as authorised under the Human Organ Transplant Act 1987 or the Medical (Therapy, Education and Research) Act 1972 is determined by the total and irreversible cessation of all functions of the brain of that person, the person’s death must be certified in the prescribed form by 2 medical practitioners —
who have not been involved in the care or treatment of the person so certified;
who do not belong to the team of medical practitioners that will effect the removal of the organ from the body;
who have not been involved in the selection of the proposed recipient of the organ;
who will not be involved in the care or treatment of the proposed recipient of the organ during his or her hospitalisation for the purpose of the transplant; and
who possess the prescribed postgraduate medical qualifications.
(7)
The Minister may, for the purposes of all laws or any specified written law, by regulations prescribe —
the criteria for determining the total and irreversible cessation of all functions of the brain of a person mentioned in subsections (1)(b) and (3); and
the postgraduate medical qualifications and form of the death certificate for the purposes of subsection (4), (5) or (6).
(8)
Nothing in this section —
affects the operation of section 110 of the Evidence Act 1893 (burden of proving that a person is alive who has not been heard of for 7 years), section 100 of the Women’s Charter 1961 (proceedings for interim judgment of presumption of death and divorce) or any other written law relating to the presumption of death;
prevents the certification or determination of death in a case where the body of a person is not found or recovered.
(9)
In this section, “medical practitioner” means a person who is registered, or deemed to be registered, as a medical practitioner under the Medical Registration Act 1997.