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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;
(ii)
the Infectious Diseases Act (Cap. 137);
(iii)
the Termination of Pregnancy Act (Cap. 324);
(iv)
the Human Organ Transplant Act (Cap. 131A);
[2/2008 wef 01/08/2008]
(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
[48/2007 wef 01/09/2008]
(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 (Cap. 177A), means —
(i)
a donee of a lasting power of attorney which is granted by that person under the Mental Capacity Act, and under which that person confers on the donee authority to consent on that person’s behalf to such disclosure; or
(ii)
a deputy who is appointed or deemed to be appointed for that person by the court under the Mental Capacity Act, and who is conferred power to consent on that person’s behalf to such disclosure.
History for Provision '13 Confidentiality of information'.
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pr13-.
30/12/1999
Formal Consolidation
30 December 1999
1999 RevEd
 
Compare versionsDiff

08/03/2004
Informal Consolidation
26 February 2004
Amended
Act 6 of 2004

01/01/2008
Informal Consolidation
07 March 2007
Amended
Act 22 of 2007

01/08/2008
Informal Consolidation
18 February 2008
Amended
Act 2 of 2008

01/09/2008
Informal Consolidation
11 October 2007
Amended
Act 48 of 2007

01/03/2010
Informal Consolidation
30 October 2008
Amended
Act 21 of 2008

02/01/2011
Informal Consolidation
25 June 2010
Amended
Act 14 of 2010

10/06/2016
Informal Consolidation
07 June 2016
Amended
Act 16 of 2016