PART IV | CONTROL OF AIDS AND HIV INFECTION |
| Person with AIDS or HIV Infection to undergo counselling, etc. |
22.—(1) The Director may require any person who has been diagnosed as having AIDS or HIV Infection —| (a) | to undergo counselling at such time and at such hospital or other place as the Director may determine; and | | (b) | to comply with such precautions and safety measures as may be specified by the Director. [5/92; 13/99] [10/2008 wef 10/06/2008] |
| (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] |
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| Sexual activity by person with AIDS or HIV Infection |
23.—(1) A person who knows that he has AIDS or HIV Infection shall not engage in any sexual activity with another person unless, before the sexual activity takes place —| (a) | he has informed that other person of the risk of contracting AIDS or HIV Infection from him; and | | (b) | that other person has voluntarily agreed to accept that risk. [10/2008 wef 10/06/2008] |
(2) A person who does not know that he has AIDS or HIV Infection, but who has reason to believe that he has, or has been exposed to a significant risk of contracting, AIDS or HIV Infection shall not engage in any sexual activity with another person unless —| (a) | before the sexual activity takes place he informs that other person of the risk of contracting AIDS or HIV Infection from him and that other person voluntarily agrees to accept that risk; | | (b) | he has undergone the necessary serological or other test and has ascertained that he does not have AIDS or HIV Infection at the time of the sexual activity; or | | (c) | during the sexual activity, he takes reasonable precautions to ensure that he does not expose that other person to the risk of contracting AIDS or HIV Infection. [10/2008 wef 10/06/2008] |
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| (3) Any person who contravenes subsection (1) or (2) 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 10 years or to both. [10/2008 wef 10/06/2008] |
| (4) For the purposes of this section, a person shall not, only by reason of age, be presumed incapable of engaging in sexual activity. [10/2008 wef 10/06/2008] |
| (5) For the purposes of this section, a person shall be deemed to know that he has AIDS or HIV Infection if a serological test or other test for the purpose of ascertaining the presence of HIV Infection carried out on him has given a positive result and the result has been communicated to him. [10/2008 wef 10/06/2008] |
| (6) No prosecution shall be instituted for an offence under subsection (2) except with the written consent of the Public Prosecutor, but a person charged with such an offence may be arrested and be remanded in custody or released on bail notwithstanding that the consent of the Public Prosecutor to the institution of a prosecution for the offence has not been obtained, except that the case shall not be further prosecuted until that consent of the Public Prosecutor has been obtained. [10/2008 wef 10/06/2008] [15/2010 wef 02/01/2011] |
(7) In this section, “sexual activity” means —| (a) | sexual activity 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. [10/2008 wef 10/06/2008] |
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| Blood donation and other acts by person with AIDS or HIV Infection |
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] |
| (1A) For the purposes of this section, a person shall be deemed to know that he has AIDS or HIV Infection if a serological test or other test for the purpose of ascertaining the presence of HIV Infection carried out on him has given a positive result and the result has been communicated to him. [10/2008 wef 10/06/2008] |
| (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 10 years or to both. [5/92; 13/99] [10/2008 wef 10/06/2008] |
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| Protection of identity of person with AIDS, HIV Infection or other sexually transmitted disease |
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; | | (ba) | when it is necessary to do so in connection with the provision of information to a police officer under section 22 or 424 of the Criminal Procedure Code 2010; [10/2008 wef 10/06/2008] [15/2010 wef 02/01/2011] | | (c) | when ordered to do so by a court; | | (d) | to any medical practitioner or other health staff who is treating or caring for, or counselling, 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 $10,000 or to imprisonment for a term not exceeding 3 months or to both. [5/92] [10/2008 wef 10/06/2008] |
(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] |
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| Disclosure by Director, medical practitioner and recipient of information |
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] |
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| (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] |
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| (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] |
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