Clause 1
Short title and commencement
This Act may be cited as the Medical (Therapy, Education and Research) Act, 1972, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
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Medical (Therapy, Education and Research) Bill is Singapore Bill, cited as Bill 21 1972, currently marked in force and first recorded in 1972.
Part I
Short title and commencement
This Act may be cited as the Medical (Therapy, Education and Research) Act, 1972, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
Interpretation
In this Act, unless the context otherwise requires —“deceased person” includes a still-born infant or foetus;“Director” means the Director of Medical Services, Ministry of Health, Singapore and includes the Deputy Director of Medical Services in charge of the Hospitals Division of the Ministry of Health and also includes the Superintendent of a Government hospital authorised by the said Deputy Director of Medical Services in writing to act on his behalf;“donor” means an individual who makes a gift of all or part of his body;“part” in relation to a human body includes organs, tissues, eyes, bones, arteries, blood, other fluids and other portions of a human body.
“Director” means the Director of Medical Services, Ministry of Health, Singapore and includes the Deputy Director of Medical Services in charge of the Hospitals Division of the Ministry of Health and also includes the Superintendent of a Government hospital authorised by the said Deputy Director of Medical Services in writing to act on his behalf;
“donor” means an individual who makes a gift of all or part of his body;
“part” in relation to a human body includes organs, tissues, eyes, bones, arteries, blood, other fluids and other portions of a human body.
Person may donate his body
Any person of sound mind and eighteen years of age or above may give all or any part of his body for any of the purposes specified in section 7 of this Act, the gift to take effect upon death.
Relatives may donate body of a deceased person. Schedule
Any of the persons specified in the Schedule to this Act, in order of priority stated, when persons in prior classes are not available at the time of death, and in the absence of actual notice of contrary indications by the deceased person, or actual notice of opposition of a member of the same class or a prior class, may give all or any part of the body of the deceased person for the purposes specified in section 7 of this Act.
The persons authorised by the provisions of subsection (1) of this section may make the gift after death or immediately before death.
When donee should not accept gift
The donee of a gift of a body or any part thereof shall not accept the gift if he has actual notice of contrary indications by the deceased person or that a gift by a member of a class is opposed by a member of the same class or a prior class.
Medical examination of body
A gift of all or part of a body authorises any examination necessary to assure medical acceptability of the gift for the purposes intended.
Purposes of anatomical gifts, etc.
The following persons may become donees of gifts of bodies or parts thereof for the purposes stated: —
any approved hospital for medical or dental education, research, advancement of medical or dental science, therapy or transplantation;
any approved medical or dental school, college or university for medical or dental education, research, advancement of medical or dental science, therapy or transplantation; or
any specified individual for therapy or transplantation needed by him.
The Minister may, by notification in the Gazette, declare a hospital, medical or dental school, college or university to be an approved hospital, medical or dental school, college or university for the purposes of this section.
Mode of executing gift
A gift of all or part of a body under the provisions of section 3 of this Act may be made by the donor either in writing at any time or orally in the presence of two or more witnesses during a last illness.
Revocation of gift
A gift of a body or any part thereof may be revoked by the donor at any time —
by a signed statement in writing delivered to the donee;
by an oral statement made in the presence of two or more persons and communicated to the donee; or
by a written document to that effect found on his person or in his effects.
Donee need not be specified
A gift of all or part of the body of a deceased person may be made to a specified donee or without specifying a donee.
If the gift is made without specifying a donee, the Superintendent of the Government hospital in which the death of the deceased person has taken place or to which the body of the deceased person has been removed to may accept the gift as donee upon or following the death for the purposes of paragraph (a) or (b) of section 7 of this Act, as the case may be.
Rights and duties of donee
If the gift is of a part of the body, the donee upon death shall cause the part to be removed without unnecessary mutilation. After removal of the part, custody of the remainder of the body shall vest in the surviving spouse, next of kin or other person under obligation to dispose of the body.
Authority to remove parts of unclaimed bodies
Where the body of a deceased person has not been claimed from a hospital, nursing home or other institution, maintained on public funds, for more than twenty-four hours after death, the Director may authorise in writing the use of the body or any specified part for the purposes of medical or dental education, research, advancement of medical or dental science, therapy or transplantation.
Person may authorise post-mortem examination
Any person of sound mind and eighteen years of age or above may either in writing at any time or orally in the presence of two or more witnesses during his last illness authorise the post-mortem examination of his body for the purpose of establishing or confirming the cause of death or of investigating the existence or nature of abnormal conditions.
Relatives may authorise post-mortem examination. Schedule
Any of the persons specified in the Schedule to this Act, in order of priority stated, when persons in prior classes are not available at the time of death, and in the absence of actual notice of contrary indications by the deceased person, or actual notice of opposition of a member of the same class or a prior class, may authorise the post-mortem examination of the body of the deceased person for the purpose of establishing or confirming the cause of death or of investigating the existence or nature of abnormal conditions.
The persons authorised by the provisions of subsection (1) of this section may give the authority after death or immediately before death.
Post-mortem examination of unclaimed body
Where the body of a deceased person has not been claimed from a hospital, nursing home or other institution, maintained on public funds, for more than twenty-four hours after death, the Director may authorise in writing the post-mortem examination of the body for the purpose of establishing or confirming the cause of death or of investigating the existence or nature of abnormal conditions.
Removal and use of body to be lawful
Subject to the provisions of subsection (2) of this section, the removal and use of any part of a body in accordance with the provisions of section 3 or 4 of this Act, as the case may be, or the post-mortem examination of a body in accordance with the provisions of Part III of this Act, shall be lawful.
No such removal or post-mortem examination shall be effected except —
by a registered medical practitioner, who shall have satisfied himself by personal examination of the body that life is extinct; or
with the written consent of the Coroner in a case where an inquiry is to be held in respect of the death of any person.
Power of Coroner unaffected
The provisions of sections 3, 4, 13, 14 and 15 of this Act shall be without prejudice to the authority of the Coroner to direct the post-mortem examination of a body of a deceased person under the provisions of the Criminal Procedure Code (Cap. 113).
Repeal
The Medical (Therapy, Education and Research) Act (Cap. 160) is hereby repealed.