Interpretation (Determination and Certification of Death) Regulations 1998

No. S 505

Interpretation Act

(Chapter 1)

Interpretation (Determination and Certification of Death) Regulations 1998

In exercise of the powers conferred by section 2A of the Interpretation Act, the Minister for Law hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Interpretation (Determination and Certification of Death) Regulations 1998 and shall come into operation on 2nd November 1998.

Conditions to be satisfied before determining irreversible cessation of all functions of the brain

2. The determination of irreversible cessation of all functions of the brain of a person shall not be carried out unless all of the following conditions regarding the person have been satisfied:

(a)	that the person’s condition is undoubtedly due to irremediable structural brain damage and the diagnosis of any disorder which can lead to the irreversible cessation of all functions of the person’s brain must have been fully established;
(b)	that there is no suspicion that the person’s condition is due to depressant drugs, hypothermia or metabolic and endocrine factors; and
(c)	that the person’s cessation of spontaneous respiration is not caused by neuromuscular blocking agents or other drugs.

Criteria for determining irreversible cessation of all functions of the brain

3. The criteria for determining the irreversible cessation of all functions of the brain of a person for the purposes of section 2A of the Act shall be that --

(a)	the pupils are fixed and non-reactive to strong light;
(b)	there is no corneal reflex;
(c)	there is no spontaneous motor response to painful stimulus, excluding spinal reflexes;
(d)	there is no oculocephalic reflex;
(e)	there is no gag reflex or reflex response to tracheobronchial stimulation;
(f)	there is no vestibulo-ocular response on instillation of 50 cubic centimetres of ice-cold water into each ear; and
(g)	there is no spontaneous respiration even with carbon dioxide tension at 50 millimetres or more of mercury.

Qualifications required for certification under section 2A of the Act

4. A medical practitioner may determine and certify death of a person under section 2A(3) and (5) of the Act if he has attained one of the following qualifications:

(a)	Master of Medicine (Surgery) (Singapore);
(b)	Master of Medicine (Internal Medicine) (Singapore);
(c)	Master of Medicine (Anaesthesia) (Singapore);
(d)	Master of Medicine (Paediatrics) (Singapore); or
(e)	any other equivalent postgraduate qualification as approved by the Director of Medical Services for the purposes of the Act and these Regulations.

Form

5. The form for certifying the death of a person under section 2A (3), (4) and (5) of the Act shall be in the Form set out in the Schedule.

[MH(Cf)7:02/14 Vol. 6; AG/LEG/SL/1/98/1 Vol. 1]

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