Confidentiality of information
13.
—(1)  Except in the case of a prosecution for an offence under this Act or any regulations made thereunder, the Director and an authorised officer shall not be compellable in any proceedings to give evidence in respect of, or to produce any document containing, any information which has been obtained from any private hospital, medical clinic, clinical laboratory or healthcare establishment in the course of carrying out any investigation or performing any duty or function under this Act.
[19/99]
(2)  The Director and an authorised officer shall not disclose any information which is contained in the medical record, or which relates to the condition, treatment or diagnosis, of any person, as may have come to his knowledge in the course of carrying out any investigation or performing any duty or function under this Act unless the disclosure is made —
(a)
under or for the purpose of administering and enforcing —
(i)
this Act;
(v)
the Health Products Act (Cap. 122D); or
[1/2010 wef 01/12/2010]
(vi)
the Medicines Act (Cap. 176);
[1/2010 wef 01/12/2010]
(b)
for the purpose of making a complaint or providing information under Part V of the Dental Registration Act (Cap. 76), Part VII of the Medical Registration Act (Cap. 174) or Part VI of the Pharmacists Registration Act 2007; or
(c)
for any other purpose with the consent of the person to whom the information relates or the representative of such person.
[19/99]
(3)  For the purposes of subsection (2)(c), “representative” —
(a)
in relation to a deceased person, means his executor, administrator or next-of-kin;
(b)
in relation to an infant, means one of his parents or his guardian; and
(c)
in relation to a person who lacks capacity within the meaning of the Mental Capacity Act 2008, means the deputy appointed or deemed to be appointed for the person by the High Court under that Act, with power to consent to such disclosure.
[12
[19/99]