PART IV
CONTROL OF AIDS AND HIV INFECTION
22.
—(1) The Director may require any person who has been diagnosed as having AIDS or HIV Infection —
(a)
to undergo counselling by a registered medical practitioner; and
(b)
to comply with such precautions and safety measures as may be specified by the Director.
[5/92; 13/99]
(2) Any person who fails or refuses to comply with 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 2 years or to both.
[5/92]
23.
—(1) A person who knows that he has AIDS or HIV Infection shall not have sexual intercourse with another person unless, before the sexual intercourse takes place, the other person —
(a)
has been informed of the risk of contracting AIDS or HIV Infection from him; and
(b)
has voluntarily agreed to accept that risk.
[5/92; 13/99]
(2) 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 2 years or to both.
[5/92]
(3) For the purposes of this section, a person shall not, only by reason of age, be presumed incapable of having sexual intercourse.
[5/92]
(4) For the purposes of this section and section 24, a person shall be deemed to know that he has AIDS or HIV Infection if a serological test or any other prescribed test for the purpose of ascertaining the presence of HIV Infection carried out on him has given a positive result and the result was communicated to him.
[5/92; 13/99]
(5) In this section, “sexual intercourse” means —
(a)
sexual connection occasioned by the introduction into the vagina, anus or mouth of any person of any part of the penis of another person; or
(b)
cunnilingus.
[5/92]
24.
—(1) Any person who knows that he has AIDS or HIV Infection shall not —
(a)
donate blood at any blood bank in Singapore; or
(b)
do any act which is likely to transmit or spread AIDS or HIV Infection to another person.
[5/92; 13/99]
(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both.
[5/92; 13/99]
25.
—(1) Any person who, in the performance or exercise of his functions or duties under this Act, is aware or has reasonable grounds for believing that another person has AIDS or HIV Infection or is suffering from a sexually transmitted disease or is a carrier of that disease shall not disclose any information which may identify the other person except —
(a)
with the consent of the other person;
(b)
when it is necessary to do so in connection with the administration or execution of anything under this Act;
(c)
when ordered to do so by a court;
(d)
to any medical practitioner or other health staff who is treating or caring for the other person;
(e)
to any blood, organ, semen or breast milk bank that has received or will receive any blood, organ, semen or breast milk from the other person;
(f)
for statistical reports and epidemiological purposes if the information is used in such a way that the identity of the other person is not made known;
(g)
to the victim of a sexual assault by the other person;
(h)
to the Controller of Immigration for the purposes of the Immigration Act (Cap. 133);
(i)
to the next-of-kin of the other person upon the death of such person;
(j)
to any person or class of persons to whom, in the opinion of the Director, it is in the public interest that the information be given; or
(k)
when authorised by the Minister to publish such information for the purposes of public health or public safety.
[5/92; 13/99]
(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both.
[5/92]
(3) For the purposes of subsection (1)(a), the consent of the other person includes —
(a)
if that person has died, the written consent of that person’s spouse, personal representative, administrator or executor;
(b)
if that person is below the age of 16 years, the written consent of a parent or legal guardian of that person; and
(c)
if, in the opinion of the medical practitioner who undertook the test for HIV Infection for that person, he has a disability by reason of which he appears incapable of giving consent, the written consent in the following order, of —
(i)
a legal guardian of that person;
(ii)
the spouse of that person;
(iii)
a parent of that person; or
(iv)
an adult child of that person.
[13/99]
25A.
—(1) The Director may disclose any information relating to any person whom he reasonably believes to be infected with AIDS or HIV Infection to —
(a)
any medical practitioner or other health staff who has been exposed to a risk of infection from AIDS or HIV Infection; or
(b)
any first responder who has experienced a significant exposure to blood or other potentially infectious materials of any patient.
[13/99]
(2) In subsection (1), “first responder” means any police officer, member of the Singapore Civil Defence Force or any person who provides emergency response, first aid care or other medically related assistance either in the course of the person’s occupational duties or as a volunteer.
[13/99]
(3) Subject to subsection (4), a medical practitioner may disclose information relating to any person whom he reasonably believes to be infected with AIDS or HIV Infection to the spouse, former spouse or other contact of the infected person or to a Health Officer for the purpose of making the disclosure to the spouse, former spouse or other contact.
[13/99]
(4) The medical practitioner shall not disclose any information under subsection (3) unless —
(a)
he reasonably believes that it is medically appropriate and that there is a significant risk of infection to the spouse, former spouse or other contact;
(b)
he has counselled the infected person regarding the need to notify the spouse, former spouse or other contact and he reasonably believes that the infected person will not inform the spouse, former spouse or other contact; and
(c)
he has informed the infected person of his intent to make such disclosure to the spouse, former spouse or other contact.
[13/99]
(5) Where the medical practitioner is unable, by any reasonable means, to counsel or inform the infected person, he may apply to the Director to waive the requirements of subsection (4)(b) or (c) or both.
[13/99]
(6) The Director may approve the application made under subsection (5) if, in the opinion of the Director, it is medically appropriate to disclose the information and that there is a significant risk of infection to the spouse, former spouse or other contact.
[13/99]
(7) No person, to whom any information relating to a person who is reasonably believed to be infected with AIDS or HIV Infection has been disclosed under this section, shall disclose such information to any person other than the persons specified in subsection (8) or as provided in subsection (10).
[13/99]
(8) The persons referred to in subsection (7) are —
(a)
the infected person himself;
(b)
a person who is authorised under section 25(1)(a) to consent to such disclosure; and
(c)
any person who is authorised to disclose such information under subsection (1), (3) or (6) or section 25(1).
[13/99]
(9) Any person who contravenes subsection (7) 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 3 months or to both.
[13/99]
(10) A person, to whom any information relating to a person who is reasonably believed to be infected with AIDS or HIV Infection has been disclosed under this section, may apply to the Director for approval to disclose such information to any person or class of persons.
[13/99]
(11) The Director may approve the application under subsection (10) if he is satisfied that such disclosure is in the interests of public health or public safety.
[13/99]