Singapore legislation
Section 9
Section 9
Certification of terminal illness
(1)
Where a medical practitioner, who is responsible for the treatment of any person, has reason to believe that the person —
is suffering from a terminal illness;
requires extraordinary life‑sustaining treatment; and
is unconscious or incapable of exercising rational judgment,the medical practitioner must —
determine and certify in the prescribed form that the person is suffering from a terminal illness and the reasons for the determination; and
forward the certificate to the Registrar with a request that a search of the register be conducted in order to ascertain whether the person has made a directive which is in force.
(2)
Upon receipt of a request made under subsection (1), the Registrar must cause a search of the register to be conducted in order to ascertain whether the person has made a directive which is in force and must thereafter inform the medical practitioner accordingly.
(3)
Where the Registrar informs the medical practitioner responsible for the treatment of the person who has been certified to be terminally ill that the patient has made a directive which is in force, that medical practitioner must obtain, in the prescribed form, the opinion of 2 other medical practitioners as to whether they agree with the determination that the patient is terminally ill.
(4)
Where the medical practitioner responsible for the treatment of the patient —
is not a specialist, the 2 other medical practitioners mentioned in subsection (3) must both be specialists; or
is a specialist, at least one of the 2 other medical practitioners mentioned in subsection (3) must be a specialist.
(5)
Where the opinions of the 2 medical practitioners mentioned in subsection (3) are not unanimously in agreement that the patient is terminally ill, the issue must be referred for determination to a committee of 3 specialists (called in this section the committee) appointed by the Director from among the panel of specialists referred to in section 8.
(6)
A patient is, on a reference to the committee, determined to be terminally ill only on the unanimous decision of the committee.
(7)
If the committee is unable to reach a unanimous decision, the patient is presumed not to be terminally ill.
(8)
The committee’s determination must be recorded in the prescribed form and sent to the medical practitioner responsible for the treatment of the patient.
(9)
A medical practitioner must not certify or participate in the determination or certification that the patient is terminally ill if the medical practitioner —
is a beneficiary under the patient’s will or any policy of insurance;
has an interest under any instrument under which the patient is the donor, settlor or grantor;
would be entitled to an interest in the moneys of the patient held in the Central Provident Fund or other provident fund on that patient’s death; or
has registered an objection under section 10(1).