Donation of organs by living persons
15.—(1) No person is to carry out or cause to be carried out any living donor organ transplant unless —(a)
the specified organ is removed in a hospital with the written authorisation of the transplant ethics committee of the hospital; and
(b)
the donor of the specified organ has given his or her consent to the removal of the specified organ from his or her body and has not revoked or withdrawn the consent.
(2) The transplant ethics committee of a hospital must not give any authorisation under subsection (1) for the removal of the specified organ from the body of any living person unless it is satisfied that —(a)
the person from whom the specified organ is to be removed has given the person’s consent to such removal;
(b)
the person is not mentally disordered and, despite the person’s age, is able to understand the nature and consequence of the medical procedures the person has to undergo as a result of the person’s donation of the specified organ; and
(c)
the consent mentioned in paragraph (a) —(i)
is not given pursuant to any contract or arrangement that is prohibited under section 13; and
(ii)
is not given or obtained by virtue of any fraud, duress or undue influence.
(3) In determining whether to give any authorisation under subsection (1), the transplant ethics committee must have regard to such considerations as may be prescribed or as may be directed by the Director‑General.[Act 11 of 2023 wef 01/05/2023]
(4) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.[15A
Appointment and functions of transplant ethics committees
16.—(1) The licensee of a hospital in which any living donor organ transplant is intended to be carried out must, with the approval of the Director‑General, appoint a transplant ethics committee.[Act 11 of 2023 wef 01/05/2023]
(2) Every transplant ethics committee of a hospital must consist of not less than 3 persons, of whom —(a)
at least one must be a medical practitioner not employed by or otherwise connected with the hospital; and
(b)
at least one must be a lay person.
(3) The transplant ethics committee appointed under subsection (1) must assess and, where appropriate, give its written authorisation for the living donor organ transplant to be carried out.
(4) Anything done by the transplant ethics committee of a hospital, a member of the transplant ethics committee, or any person acting under the direction of the transplant ethics committee or the Director‑General, in good faith for the purposes of the exercise of the functions of the transplant ethics committee or in accordance with this Act, does not subject the member or person personally to any action, liability, claim or demand.[Act 11 of 2023 wef 01/05/2023]
(5) Nothing in subsection (4) absolves any person from having to obtain the consent of a person before carrying out any medical procedure on that person.[15B
Regulation of transplant ethics committees
17.—(1) Where the Director‑General is of the opinion that the transplant ethics committee of a hospital is not discharging its functions in accordance with this Act or in a satisfactory manner, the Director‑General may do one or more of the following:(a)
direct the transplant ethics committee to suspend all or any part of its activities;
(b)
direct the licensee of the hospital to remove or replace any member of the transplant ethics committee;
(c)
direct the licensee of the hospital to dissolve the transplant ethics committee and appoint a new transplant ethics committee in its place.[Act 11 of 2023 wef 01/05/2023]
(2) Until the direction of the Director‑General issued under subsection (1) has been complied with —(a)
the licensee of the hospital must ensure that no living donor organ transplant authorised under section 15(1) is carried out in the hospital; and
(b)
no person is to carry out any such living donor organ transplant in the hospital,
unless otherwise allowed by the Director‑General and in accordance with such conditions as the Director‑General may impose.
[Act 11 of 2023 wef 01/05/2023]
(3) Any written authorisation given by the transplant ethics committee in respect of which a direction has been issued under subsection (1) remains valid unless rescinded by the Director‑General.[Act 11 of 2023 wef 01/05/2023]
(4) Any person who contravenes subsection (2)(a) or (b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.[15C
Director‑General may issue directions
18.—(1) The Director‑General may, from time to time, issue directions to the licensee or the transplant ethics committee of any hospital for any purpose specified in this Part or in relation to the operation of any of the provisions of this Part.[Act 11 of 2023 wef 01/05/2023]
(2) The Director‑General may, at any time, amend or revoke any direction issued under subsection (1).[Act 11 of 2023 wef 01/05/2023]
(3) Any person to whom a direction has been issued under this section must comply with the direction.[15D
[Act 11 of 2023 wef 01/05/2023]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
