Singapore legislation

Clause 5

of Human Organ Transplant Bill

Clause 5

Authorities may remove organ after death

(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)

unless his death was caused by accident or resulted from injuries caused by accident;

(c)

who is neither a citizen nor a permanent resident of Singapore;

(d)

who is below 21 years of age unless the parent or guardian has consented to such removal;

(e)

who is above 60 years of age;

(f)

whom the designated officer, after making such inquiries as are reasonable in the circumstances, has reason to believe was not of sound mind, unless the parent or guardian has consented to such removal; or

(g)

who is a Muslim.

(3)

The death of a person from whose body the organ will be removed after his death in accordance with the authorisation granted under subsection (1) shall be certified by two medical practitioners —

(a)

who do not belong to the team of medical practitioners which will effect the removal of the organ from the body;

(b)

who have not been involved in the care and treatment of the proposed recipient of the organ; and

(c)

who possess such postgraduate medical qualification which is recognised by the Director as a qualification entitling them to certify the death of a person under this subsection.

(4)

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 any other written law relating to immigration.