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Termination of Pregnancy Act

(CHAPTER 324, Section 11)

Termination of Pregnancy Regulations

Rg 1

G.N. No. S 244/1987

REVISED EDITION 1999

(1st April 1999)

[1st October 1987]

Citation

1. These Regulations may be cited as the Termination of Pregnancy Regulations.

Definition

1A. In these Regulations, “specified website” means the Healthcare Application and Licensing Portal of the Ministry of Health at https://halp.moh.gov.sg.

[S 400/2023 wef 26/06/2023]

Application for approval as approved institution

2.—(1) An application for the approval of any institution, hospital, maternity home, clinic or other place as an approved institution must be made in the form set out at the specified website.

[S 400/2023 wef 26/06/2023]

[S 99/2024 wef 01/03/2024]

(2) To avoid doubt, in paragraph (1), “institution, hospital, maternity home, clinic or other place” includes the approved permanent premises of a person who holds a licence under the Healthcare Services Act 2020 to provide any of the following licensable healthcare services:

(a)	acute hospital service;
(b)	ambulatory surgical centre service;
(c)	outpatient medical service.

[S 400/2023 wef 26/06/2023]

(3) In paragraph (2) —

“approved permanent premises”, in relation to a person who holds a licence under the Healthcare Services Act 2020, has the meaning given by section 2(1) of that Act;

“licensable healthcare service” has the meaning given by section 3(1) of the Healthcare Services Act 2020.

[S 400/2023 wef 26/06/2023]

(4) An application made under paragraph (1) may be rejected without giving any reason.

[S 99/2024 wef 01/03/2024]

(5) The approval granted to any institution under paragraph (1) may be cancelled without giving any reason.

[S 99/2024 wef 01/03/2024]

(6) Any approval for the use of any place as an approved institution shall, unless cancelled under paragraph (5), be for 2 years.

[S 320/2003 wef 01/07/2003]

Authorised medical practitioners

3.—(1) A medical practitioner who —

(a)	after being registered under the Medical Registration Act 1997; and [S 400/2023 wef 31/12/2021]
(b)	has had 24 months experience or such period as the Director-General of Health may determine, in an obstetric and gynaecological unit of a hospital recognised by the Director-General of Health,

may apply to the Director-General of Health for an authorisation to carry out treatment to terminate any pregnancy which is of not more than 16 weeks duration.

[S 99/2024 wef 01/03/2024]

(2) A medical practitioner who —

(a)	holds the degree of Master of Medicine (Obstetrics and Gynaecology) of the University of Singapore or the National University of Singapore; or
(b)	is a Member or Fellow of a Royal College of Obstetricians and Gynaecologists,

may apply to the Director-General of Health for an authorisation to carry out treatment to terminate any pregnancy which is of not more than 24 weeks duration.

[S 99/2024 wef 01/03/2024]

(3) The authorisation of the Director-General of Health to carry out treatment to terminate any pregnancy may be subject to such conditions as he thinks fit.

[S 99/2024 wef 01/03/2024]

(4) The Director-General of Health may revoke the authorisation given to a medical practitioner under this regulation without giving any reason.

[S 99/2024 wef 01/03/2024]

(5) An application for authorisation to carry out treatment to terminate any pregnancy to the Director-General of Health made under this regulation shall be in Form II in the Schedule.

[S 99/2024 wef 01/03/2024]

Trained staff

4. Every approved institution shall have among its personnel at least one doctor or nurse who has undergone a course of training in termination of pregnancy counselling conducted by the Director-General of Health.

[S 400/2023 wef 26/06/2023]

Mandatory counselling

5.—(1) Every authorised medical practitioner shall, except as provided in paragraph (2), provide a trained counsellor and facilities for counselling to such pregnant women who come to him for treatment to terminate their pregnancies as may be specified by conditions to the authorisation granted by the Director-General of Health under regulation 3.

[S 99/2024 wef 01/03/2024]

(2) Every authorised medical practitioner shall refer an unmarried pregnant woman below the age of 16 years who seeks treatment from him to terminate her pregnancy to such counselling centre or counselling facilities as may be directed by the Director-General of Health.

[S 400/2023 wef 26/06/2023]

(3) Every authorised medical practitioner shall not terminate the pregnancy of a woman referred to in paragraph (2) unless she produces to him a certificate of attendance in Form VII in the Schedule.

(4) Every authorised medical practitioner shall also provide a trained counsellor and facilities for counselling to a woman who has had her pregnancy terminated.

(5) The counselling referred to in paragraph (1) shall take such form, be conducted in such manner and in accordance with such criteria as shall be laid down in the conditions to an authorisation granted by the Director-General of Health under regulation 3 and shall be given to such pregnant women as may be directed by the Director-General of Health.

[S 400/2023 wef 26/06/2023]

[S 99/2024 wef 01/03/2024]

(6) The proceedings of each session of counselling referred to in paragraph (1) shall be recorded on such form as the Director-General of Health may prescribe.

[S 400/2023 wef 26/06/2023]

Time lapse

6.—(1) If a pregnant woman, after she has been counselled, wishes to proceed with the treatment for the termination of pregnancy, at least 48 hours shall elapse before she is required to give written consent to the treatment and for the treatment to be given.

(2) Written consent for treatment to terminate pregnancy under section 3(1) of the Act shall be in Form III in the Schedule.

(3) A declaration of her marital status, educational level and number of living children in Form IV in the Schedule shall be signed by the woman who requires treatment for termination of pregnancy.

Medical emergency

7. Regulation 5(1) shall not apply to any treatment to terminate pregnancy which is immediately necessary to save the life or prevent grave permanent injury to the physical or mental health of a pregnant woman.

Return on counselling personnel and facilities

8. Every authorised medical practitioner shall submit to the Director-General of Health annually a return on the personnel and facilities available for counselling in Form V in the Schedule.

[S 400/2023 wef 26/06/2023]

Report on request for treatment to terminate pregnancy

9.—(1) A report on the request for treatment to terminate a pregnancy shall be made to the Director-General of Health by the authorised medical practitioner —

(a)	within 30 days of the pre-termination of pregnancy counselling if no treatment to terminate pregnancy is carried out on a pregnant woman; or
(b)	within 30 days of the post-termination of pregnancy counselling if treatment to terminate pregnancy is carried out on a pregnant woman.

[S 400/2023 wef 26/06/2023]

(2) The report mentioned in paragraph (1) must be in the form set out at the specified website.

[S 400/2023 wef 26/06/2023]

(3) [Deleted by S 400/2023 wef 26/06/2023]

(4) [Deleted by S 400/2023 wef 26/06/2023]

10. Every approved institution shall maintain a register of all treatments to terminate pregnancy carried out in the institution and such register shall contain the following particulars:

(a)	name of operating theatre;
(b)	name of authorised medical practitioner who carried out the treatment;
(c)	name of patient as indicated in her identity card or passport;
(d)	identity card or passport number of patient;
(e)	date of operation; and
(f)	method of termination of pregnancy.

Cancellation of approval or authorisation of approved institution

11. Without limiting regulation 2(5), the approval for the use of any place as an approved institution and the authorisation to carry out treatment to terminate pregnancy may be cancelled if any authorised medical practitioner contravenes or fails to comply with any of the provisions of regulation 4, 5, 6, 8, 9 or 10 and any condition specified under regulation 3(3).

[S 99/2024 wef 01/03/2024]

Disclosure of facts and information

12.—(1) Facts and information relating to treatment to terminate a pregnancy may be disclosed by a person mentioned in section 7(1)(a) and (b) of the Act to the following persons and only for the purpose of:

(a)	carrying out his duties — to an officer of the Ministry of Health authorised by the Director-General of Health; [S 400/2023 wef 26/06/2023]
(b)	carrying out his duties in relation to offences under the Act or any law relating to abortion — to the Attorney-General or a member of his staff authorised by him;
(c)	investigating whether an offence has been committed under the Act or any law relating to abortion — to a police officer not below the rank of superintendent or a person authorised by him and any public officer appointed under section 8 of the Act; [S 99/2024 wef 01/03/2024]
(d)	criminal proceedings which have begun; or
(e)	bona fide research.

(2) Except as provided in paragraph (1), no fact or information relating to treatment to terminate a pregnancy shall be given to any person for any purpose unless the patient has expressly consented to the disclosure.