Singapore legislation

Section 32

of Human Biomedical Research Act 2015

Section 32

Commercial trading of human tissue prohibited

(1)

Subject to subsections (4) and (5), a contract or an arrangement under which a person agrees, for valuable consideration, whether given or to be given to himself or herself or to another person, to the sale or supply of any human tissue from his or her body or from the body of another person, whether before or after his or her death or the death of the other person (as the case may be) is void.

(2)

A person who enters into a contract or an arrangement of the kind referred to in subsection (1) and to which that subsection applies shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 10 years or to both.

(3)

Any person who —

(a)

gives or offers to give valuable consideration for the sale or supply of, or for an offer to sell or supply, any human tissue from the body of another person other than for the purpose of transplantation to his or her body;

(b)

receives valuable consideration for the sale or supply of, or for an offer to sell or supply, any human tissue from the body of another person;

(c)

offers to sell or supply any human tissue from the body of another person for valuable consideration;

(d)

initiates or negotiates any contract or arrangement for the sale or supply of, or for an offer to sell or supply, any human tissue from the body of another person for valuable consideration other than for the purpose of transplantation to his or her body; or

(e)

takes part in the management or control of a body corporate or body unincorporate whose activities consist of or include the initiation or negotiation of any contract or arrangement referred to in paragraph (d),shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 10 years or to both.

(4)

Subsections (1) and (3) do not apply to or in relation to —

(a)

a contract or an arrangement providing only for the reimbursement of any expenses necessarily incurred by a person in relation to the removal of human tissue in accordance with the provisions of any other written law;

(b)

any scheme introduced or approved by the Government granting medical benefits or privileges to any human tissue donor and any member of the donor’s family or any person nominated by the donor; and

(c)

any contract, arrangement or valuable consideration providing only for the defraying or reimbursing, in money or money’s worth, of such costs or expenses that may be reasonably incurred by a living person in relation to —

(i)

the removal, transportation, preparation, preservation, quality control or storage of any human tissue;

(ii)

the costs or expenses (including the costs of travel, accommodation, domestic help or child care) or loss of earnings so far as are reasonably or directly attributable to that person supplying any human tissue from his or her body; and

(iii)

any short-term or long-term medical care or insurance protection of that person which is or may reasonably be necessary as a consequence of his or her supplying any human tissue from his or her body.

(5)

Nothing in this section will render inoperative a consent or an authority given or purporting to have been given under this Act in relation to any human tissue from the body of a person or in relation to the body of a person if a person acting pursuant to the consent or authority did not know and had no reason to know that the human tissue or the body was the subject matter of a contract or an arrangement referred to in subsection (1) or (3).

(6)

This section and section 33 do not apply to any human tissue where any of the following provisions applies to that tissue:

(a)

section 13 or 14 of the Human Organ Transplant Act 1987 (Prohibition of trading in organs and blood);

(b)

section 13 of the Human Cloning and Other Prohibited Practices Act 2004 (Prohibition against commercial trading in human eggs, human sperm and human embryos).