Singapore legislation

Clause 9

of Advance Medical Directive Bill

Clause 9

Certification of terminal illness

(1)

Where a medical practitioner, who is responsible for the treatment of any person, has reason to believe that that person —

(a)

is suffering from a terminal illness;

(b)

requires extraordinary life-sustaining treatment; and

(c)

is unconscious or incapable of exercising rational judgment,the medical practitioner shall —

(i)

determine and certify in the prescribed form that that person is suffering from a terminal illness and the reasons for the determination; and

(ii)

forward the certificate to the Registrar with a request that a search of the register be conducted in order to ascertain whether that person has made a directive which is in force.

(2)

Upon receipt of a request made under subsection (1), the Registrar shall cause a search of the register to be conducted in order to ascertain whether that person has made a directive which is in force and shall 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 shall obtain the opinion in the prescribed form 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 —

(a)

is not a specialist, the 2 other medical practitioners referred to in subsection (3) shall both be specialists;

(b)

is a specialist, at least one of the 2 other medical practitioners referred to in subsection (3) shall be a specialist.

(5)

Where the opinions of the 2 medical practitioners referred to in subsection (3) are not unanimously in agreement that the patient is terminally ill, the issue shall be referred for determination to a committee of 3 specialists (referred to in this section as the committee) appointed by the Director from among the panel of specialists referred to in section 8.

(6)

A patient shall, on a reference to the committee, be 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 shall be presumed not to be terminally ill.

(8)

The committee’s determination shall be recorded in the prescribed form and sent to the medical practitioner responsible for the treatment of the patient.