Termination of Pregnancy Regulations

Source: Singapore Statutes Online | Archived by Legal Wires

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]
Register of treatments to terminate pregnancy
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.
THE SCHEDULE
FORM I
[Deleted by S 400/2023 wef 26/06/2023]
FORM II
Regulation 3(5)
TERMINATION OF PREGNANCY ACT 1974
TERMINATION OF PREGNANCY REGULATIONS
APPLICATION FOR AUTHORISATION TO CARRY OUT
TREATMENT TO TERMINATE PREGNANCY
          Application is made by _______________________________________
 
(Insert name of medical practitioner)
practising at ___________________________
(Insert name of healthcare service provider#)
located at ____________________________
(Insert address of approved permanent premises of healthcare service provider#)
for an authorisation to carry out treatment to terminate pregnancy under *regulation 3(1) or (2) of the Termination of Pregnancy Regulations.
 
Particulars of Applicant
My qualifications and Obstetric and Gynaecological experience are as follows:
(1)Medical Qualifications:
 
(2)Duration of Obstetric and Gynaecological experience in restructured hospital (excluding housemanship):
 
(3)Duration of Obstetric and Gynaecological experience in other hospitals (excluding housemanship):
 
 
Declaration
     I declare that the particulars stated in this application and the attached documents listed below are true to the best of my knowledge and belief. Documents submitted [Mark ‘X’ in the appropriate box(es)]
1.A copy each of my medical qualifications
□
2.Proof of my Obstetric and Gynaecological experience
□
3.Others:
 
 
 
 
____________________
 
____________________
 
Date
 
Signature of Applicant
 
 
 
 
 
*Delete whichever is inapplicable.
 
# “healthcare service provider” means a person —
 
(a)who holds a licence under the Healthcare Services Act 2020 to provide any licensable healthcare service specified in regulation 2(2) of the Termination of Pregnancy Regulations; and
 
(b)whose approved permanent premises are an approved institution under the Termination of Pregnancy Act 1974.
[S 400/2023 wef 26/06/2023]
FORM III
Regulation 6 (2)
TERMINATION OF PREGNANCY ACT 1974
TERMINATION OF PREGNANCY REGULATIONS
CONSENT FOR THE TREATMENT TO TERMINATE PREGNANCY
I have been counselled by ______________________________________
and fully understand the effects of abortion. I hereby request and give my consent for treatment to terminate pregnancy to be performed on me by
_______________________________________________________________
(Name of authorised medical practitioner)
of ____________________________________________________________
(Hospital/Approved Institution)
at ____________________________________________________________
(Address)
I also consent to such further alternative operative measures as may be found necessary during the course of the operation and to the administration of anaesthesia for this purpose.
Name of Pregnant Woman: _______________________________________
Address: _______________________________________________________
Citizenship: _________________
NRIC No.: ___________________
__________________________
 
_______________
Signature
 
Date
______________________________________________________________
______________________________________________________________
Name of Witness: _______________________________________________
Address: _______________________________________________________
Citizenship: ____________________
NRIC No.: ________________
__________________________
 
_______________
Signature
 
Date
 
 
 
[S 400/2023 wef 26/06/2023]
FORM IV
Regulation 6 (3)
TERMINATION OF PREGNANCY ACT 1974
TERMINATION OF PREGNANCY REGULATIONS
DECLARATION FORM
Name: _________________________________________________________
NRIC/Passport No.: _________________________
Marital Status: _____________________________
Educational Level: __________________________
No. of Living Children: ______________________
 
I hereby declare that the above information given by me is true and correct.
 
 
________________
 
___________________________
Date
 
Signature of Declarant
 
 
 
[S 400/2023 wef 26/06/2023]
FORM V
Regulation 8
TERMINATION OF PREGNANCY ACT 1974
TERMINATION OF PREGNANCY REGULATIONS
RETURN ON PROVISION FOR TERMINATION OF PREGNANCY
COUNSELLING FACILITIES AT APPROVED INSTITUTION
I __________________________________________________________
(Name of Authorised Medical Practitioner)
of __________________________________________________________
(Name and Address of healthcare service provider*)
declare that the following personnel and facilities are available for counselling:
1.Approved permanent premises of healthcare service provider* where pre- and post-termination of pregnancy counselling will be provided:
 
_____________________________________________________
 
 
_____________________________________________________
 
2.Counsellors:
 
Name
 
Qualifications
 
 
______________________
 
______________________
 
 
______________________
 
______________________
 
 
______________________
 
______________________
 
 
 
 
 
 
3.Audio-visual equipment for screening of counselling materials:
(a)Number of television sets with facilities to screen counselling materials: ____________________________
(b)Number of laptops with facilities to screen counselling materials:
____________________
 
I am prepared to give all facilities to any public officer at the Ministry of Health to enter and inspect the abovementioned premises and to answer any questions that may be put to me.
 
Dated                         20     .
 
 
 
_________________
 
_________________
 
 
Signature
 
Designation
 
 
 
 
* “healthcare service provider” means a person —
 
(a)who holds a licence under the Healthcare Services Act 2020 to provide any licensable healthcare service specified in regulation 2(2) of the Termination of Pregnancy Regulations; and
 
(b)whose approved permanent premises are an approved institution under the Termination of Pregnancy Act 1974.
[S 400/2023 wef 26/06/2023]
FORM VI
[Deleted by S 400/2023 wef 26/06/2023]
FORM VII
CONFIDENTIAL
Regulation 5(3)
 
TERMINATION OF PREGNANCY ACT 1974
TERMINATION OF PREGNANCY REGULATIONS
CERTIFICATE OF ATTENDANCE
 
This is to certify that:
          _________________________ born on ______________________
(Name)
(Date of Birth)
holder of _________________________ has attended the counselling session,
(Birth Certificate/NRIC/Passport No.)
 
as required by regulation 5(2) of the Termination of Pregnancy Regulations on ______________________________
(Date)
 
 
 
 
_____________________
 
_________________
 
(Name and Designation)
 
(Signature)
[S 400/2023 wef 26/06/2023]
[G.N. Nos. S 244/87; S 188/88; S 486/91; S 174/97; S 239/97]

LEGISLATIVE HISTORY

Termination of Pregnancy Regulations

 

This Legislative History is provided for the convenience of users of the Termination of Pregnancy Regulations. It is not part of these Regulations.
1.  
G. N. No. S 244/1987—Termination of Pregnancy Regulations 1987
Date of commencement
:
1 October 1987
2.  
G. N. No. S 188/1988—Termination of Pregnancy (Amendment) Regulations 1988
Date of commencement
:
Date not available
3.  
G. N. No. S 486/1991—Termination of Pregnancy (Amendment) Regulations 1991
Date of commencement
:
Date not available
4.  
1990 Revised Edition—Termination of Pregnancy Regulations
Date of operation
:
25 March 1992
5.  
G. N. No. S 174/1997—Termination of Pregnancy (Amendment) Regulations 1997
Date of commencement
:
4 April 1997
6.  
G. N. No. S 239/1997—Termination of Pregnancy (Amendment No. 2) Regulations 1997
Date of commencement
:
16 May 1997
7.  
1999 Revised Edition—Termination of Pregnancy Regulations
Date of operation
:
1 April 1999
8.  
G. N. No. S 320/2003—Termination of Pregnancy (Amendment) Regulations 2003
Date of commencement
:
1 July 2003
9.  
G.N. No. S 451/2013—Termination of Pregnancy (Amendment) Regulations 2013
Date of commencement
:
1 August 2013
10.  
G.N. No. S 400/2023—Termination of Pregnancy (Amendment) Regulations 2023
Date of commencement
:
31 December 2021
11.  
G.N. No. S 400/2023—Termination of Pregnancy (Amendment) Regulations 2023
Date of commencement
:
26 June 2023
12.  
G.N. No. S 99/2024—Termination of Pregnancy (Amendment) Regulations 2024
Date of commencement
:
1 March 2024

Archived for legal research. Authoritative version at sso.agc.gov.sg.