Infectious Diseases (Amendment No. 2) Act 2003

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 9]

Friday, May 2

[2003

The following Act was passed by Parliament on 25th April 2003 and assented to by the President on 26th April 2003:—

Infectious Diseases (Amendment No. 2) Act 2003

(No. 7 of 2003)

I assent.

S R NATHAN,

President.

26th April 2003.

Date of Commencement: 27th April 2003

An Act to amend the Infectious Diseases Act (Chapter 137 of the 1999 Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

Short title and commencement

1. This Act may be cited as the Infectious Diseases (Amendment No. 2) Act 2003 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 2

2. Section 2 of the Infectious Diseases Act (referred to in this Act as the principal Act) is amended —

(a)

by deleting the definition of “isolation” and substituting the following definition:

“ “isolation”, in relation to a person or group of persons, means the separation of that person or group of persons from any other persons, other than —

(a)	the health staff in charge of the care and isolation of that person or group of persons; and
(b)	such other persons as the Director or the Director-General (as the case may be) may allow;”; and

(b)

by inserting, immediately after “7 (1),” in the definition of “Minister”, “10 (1), 17 (1) and (2),”.

Amendment of section 8

3. Section 8 of the principal Act is amended —

(a)

by deleting subsections (1) and (2) and substituting the following subsection:

“(1) The Director may require any person who is, or is suspected to be, a case or carrier or contact of an infectious disease to submit to medical examination or medical treatment at such times and at such hospital or other place as the Director may determine.”; and

(b)

by deleting paragraph (b) of subsection (3) and substituting the following paragraph:

“(b)	the Director may order the removal of that person to any hospital or other place where the person may be detained and (if necessary) isolated until he has been medically examined or treated.”.

Repeal and re-enactment of sections 9 and 10

4. Sections 9 and 10 of the principal Act are repealed and the following sections substituted therefor:

“Post-mortem examination

9. Where any person has died whilst being, or suspected of being, a case or carrier or contact of an infectious disease, the Director may order a post-mortem examination of the body of that person for the purpose of —

(a)	determining the cause or circumstances of the death of that person; or
(b)	investigating into any outbreak or suspected outbreak of, or preventing the spread of, that disease.

Director may require information from medical practitioners, etc.

10.—(1) The Director may, for the purpose of investigating into any outbreak or suspected outbreak of an infectious disease, preventing the spread of an infectious disease, or treating any person who is, or is suspected to be, a case or carrier or contact of an infectious disease —

(a)	require any medical practitioner to obtain from his patient such information as the Director may reasonably require for that purpose and transmit such information to the Director; and
(b)	with the approval of the Minister, prescribe by order any general or specific measures or procedures for that purpose for compliance by any medical practitioner, hospital, medical clinic, clinical laboratory or healthcare establishment.

(2) Any person who fails to comply with a requirement or an order referred to in subsection (1) shall be guilty of an offence.

(3) A patient of a medical practitioner who fails to provide the medical practitioner or a person acting on his behalf with any information sought from the patient pursuant to a requirement under subsection (1)(a) that is within the patient’s knowledge shall be guilty of an offence.

(4) A medical practitioner shall comply with a requirement under subsection (1)(a) to transmit information to the Director notwithstanding any restriction on the disclosure of information imposed by any written law, rule of law, rule of professional conduct or contract; and he shall not by so doing be treated as being in breach of any such restriction notwithstanding anything to the contrary in that law, rule or contract.

(5) In this section, “clinical laboratory”, “healthcare establishment” and “medical clinic” have the same meanings as in the Private Hospitals and Medical Clinics Act (Cap. 248).”.

Repeal and re-enactment of sections 14 and 15

5. Sections 14 and 15 of the principal Act are repealed and the following sections substituted therefor:

“Wakes and disposal of corpses

14.—(1) Where any person has died whilst being, or suspected of being, a case or carrier or contact of an infectious disease, the Director may by order —

(a)	prohibit the conduct of a wake over the body of that person or impose such conditions as he thinks fit on the conduct of such wake; or
(b)	impose such conditions as he thinks fit for the collection, removal and disposal of the body of that person.

(2) If any person contravenes any order under subsection (1) —

(a)	that person shall be guilty of an offence; and
(b)	any Health Officer may take such steps as may be necessary to ensure that the order is complied with, including entering any premises at any time without warrant and with such force as may be necessary to collect, remove and dispose of the body of the deceased person.

(3) Any costs and expenses incurred by a Health Officer under subsection (2)(b) shall be borne by the person in default and may be recovered as a debt due to the Government.

Isolation of certain persons

15.—(1) The Director may order any person who is, or is suspected to be, a case or carrier or contact of an infectious disease to be detained and isolated in a hospital or other place for such period of time and subject to such conditions as the Director may determine.

(2) The Director may order any person who is, or is suspected or continues to be suspected to be, a case or carrier or contact of an infectious disease, or who has recently recovered from or been treated for such disease, to remain and to be isolated and (if necessary) be treated, in his own dwelling place —

(a)	for such period of time as may be necessary for the protection of the public; and
(b)	subject to such conditions as the Director may consider necessary for this purpose.

(3) If any person against whom an order under subsection (1) or (2) is made —

(a)	fails to proceed to the place in which he is to be isolated within the time specified in the order;
(b)	without the permission of the Director, leaves or attempts to leave the place in which he is being isolated; or
(c)	fails to comply with any condition to which the person is subject,

that person shall be guilty of an offence.”.

Amendment of section 16

6. Section 16 of the principal Act is amended —

(a)

by deleting subsection (1) and substituting the following subsection:

“(1) The Director may, in his discretion, order any person who is, or is suspected to be, a case or carrier or contact of an infectious disease to undergo surveillance for such period of time and subject to such conditions as the Director thinks fit.”; and

(b)

by deleting the words “or requirement” in subsection (2).

Repeal of section 17 and new section 17

7. Section 17 of the principal Act is repealed and the following section substituted therefor:

“Isolation area

17.—(1) The Minister may, for the purpose of preventing the outbreak or spread of an infectious disease, by notification in the Gazette declare any premises to be an isolation area.

(2) A notification under subsection (1) shall be effective until the expiration of such period as may be specified in the notification or until it is revoked by the Minister, whichever occurs first.

(3) The Director may, in relation to an isolation area, by order —

(a)	prohibit any person or any person within a class of persons from entering or leaving the isolation area without the permission of the Director;
(b)	prohibit or restrict the movement within the isolation area of any person or any person within a class of persons;
(c)	prohibit or restrict the movement of goods;
(d)	require any person or any person within a class of persons to report at specified times and places and submit to such medical examinations, to answer such questions and to submit to such medical treatment as the Director thinks fit;
(e)	authorise the destruction, disposal or treatment of any goods, structure, water supply, drainage and sewerage system or other matter within the isolation area known or suspected to be a source of infection; and
(f)	prohibit, restrict, require or authorise the carrying out of such other act as may be prescribed.

(4) Action necessary to give effect to an order under subsection (3) may be taken by a Health Officer or a police officer.

(5) Any person who, without reasonable excuse, contravenes an order under subsection (3) shall be guilty of an offence.

(6) A person who leaves or attempts to leave or is suspected of having left an isolation area in contravention of an order under subsection (3) may be arrested without warrant by any police officer, or by any Health Officer authorised in writing in that behalf by the Director.

(7) Without prejudice to any of the orders which the Director may make under this Act or any regulations made thereunder, the Director may issue an order under seciton 15 against a person who is arrested under subsection (6) as if he were a person referred to in that section.

(8) Goods brought into or removed from an isolation area in contravention of an order under subsection (3) shall be forfeited to the Government and may be seized, dealt with and disposed of in accordance with section 55(2) and (3) as if those goods were any substance or matter referred to in section 55(1)(c).”.

New section 21A

8. The principal Act is amended by inserting, immediately after section 21, the following section:

“Certain persons not to act in manner likely to spread disease

21A.—(1) A person who knows or has reason to suspect that he is a case or carrier or contact of a disease set out in the Fifth Schedule shall not expose other persons to the risk of infection by his presence or conduct in any public place or any other place used in common by persons other than the members of his own family or household.

(2) A person having the care of another person whom he knows or has reason to suspect is a case or carrier or contact of a disease set out in the Fifth Schedule shall not cause or permit that person to expose other persons to the risk of infection by that person’s presence or conduct in any such place.

(3) A person shall not lend, sell, transmit or expose, without previous disinfection, any clothing, bedding or rags which he knows to have been exposed to infection from a disease set out in the Fifth Schedule, or any other article which he knows to have been so exposed and which is liable to carry such infection.

(4) Any person who contravenes subsection (1), (2) or (3) shall be guilty of an offence.

(5) A person shall not incur any liability for contravening subsection (1) if his presence or conduct in a place mentioned in that subsection is necessary for the purpose of obtaining medical treatment.

(6) Where the Director has designated a hospital or other place for the treatment of the disease concerned, subsection (5) shall only apply in relation to the obtaining of medical treatment at the designated hospital or place.

(7) A person shall not incur any liability for contravening subsection (3) by transmitting with proper precautions any article for the purpose of having it disinfected.”.

Amendment of section 55

9. Section 55 of the principal Act is amended —

(a)

by deleting the comma at the end of subsection (1)(e)(ii) and substituting a semi-colon;

(b)

by deleting the words “that the Director or Health Officer has reason to believe will be useful for the purposes of the investigation into the outbreak or suspected outbreak;” in subsection (1)(e);

(c)

by deleting the words “who is suspected of being infected with” in subsection (1)(f) and substituting the words “who is, or is suspected to be, a case or carrier or contact of”; and

(d)

by inserting, immediately after subsection (3), the following subsection:

“(3A) A person shall comply with a requirement under subsection (1)(e) to disclose information or produce documents to the Director notwithstanding any restriction on the disclosure of the information or documents imposed by any written law, rule of law, rule of professional conduct or contract; and the person shall not by so doing be treated as being in breach of any such restriction notwithstanding anything to the contrary in that law, rule or contract.”.

New section 56A

10. The principal Act is amended by inserting, immediately after section 56, the following section:

“Powers of arrest of person in isolation, undergoing surveillance, etc.

56A.—(1) Any person who —

(a)	being required to be isolated in any place under the provisions of this Act or any regulations made thereunder, fails to proceed to that place or leaves or attempts to leave that place; or
(b)	being required to undergo or submit to surveillance, medical examination or medical treatment under the provisions of this Act or any regulations made thereunder, fails to undergo or submit to such surveillance, examination or treatment,

may be arrested without warrant by any police officer, or by any Health Officer authorised in writing in that behalf by the Director.

(2) The Director may issue any order under this Act or any regulations made thereunder for the isolation, surveillance, medical examination or medical treatment of a person arrested under subsection (1).”.

New section 57A

11. The principal Act is amended by inserting, immediately after section 57, the following section:

“Disclosure of information to prevent spread of infectious disease

57A.—(1) The Director may only disclose any information obtained by him under this Act to any person if this is necessary to enable that person to take steps to prevent the spread of a disease set out in the Sixth Schedule.

(2) A person to whom information under subsection (1) is disclosed may only disclose or use such information to the extent necessary for implementing any measure permitted by the Director for the purpose of preventing the spread of that disease, but not otherwise.

(3) Any person who contravenes subsection (2) shall be guilty of an offence.

(4) Subsection (1) is without prejudice to any right of disclosure under this Act or any other written law or rule of law.”.

Amendment of section 58

12. Section 58 (2) of the principal Act is amended by deleting the words “a fine not exceeding $2,000 or to imprisonment for a term not exceeding one month or to both” and substituting the words “a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both”.

Amendment of section 60

13. Section 60 (1) of the principal Act is amended by deleting paragraph (a) and substituting the following paragraphs:

“(a)	by delivering it to the person or to some adult member or employee of his family or household at his usual or last known place of residence;
(aa)	by leaving it at his usual or last known place of residence or business in an envelope addressed to the person;”.

Amendment of section 61

14. Section 61 of the principal Act is amended by deleting “$2,000” and substituting “$10,000”.

Amendment of section 63

15. Section 63 (2) of the principal Act is amended by deleting the words “costs and expenses incurred by the Director-General or the Director” and substituting the words “costs and expenses incurred by the Director-General, the Director, a Port Health Officer or a Health Officer”.

Repeal and re-enactment of sections 64 and 65

16. Sections 64 and 65 of the principal Act are repealed and the following sections substituted therefor:

“Obstruction of persons executing power, etc.

64. Any person who —

(a)	in any way hinders or obstructs or assists in hindering or obstructing any person in the exercise of any powers conferred by this Act or any regulations made thereunder; or
(b)	being required to provide any information or documents under this Act or any regulations made thereunder (including as a condition of any order, notice or requirement made or given), provides any information or document which he knows to be false or misleading,

shall be guilty of an offence.

General penalties

65. Any person guilty of an offence under this Act for which no penalty is expressly provided shall —

(a)	in the case of a first offence, be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both; and
(b)	in the case of a second or subsequent offence, be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.”.

Amendment of section 68

17. Section 68 of the principal Act is amended by deleting “$2,000” and substituting “$5,000”.

Amendment of section 72

18. Section 72 of the principal Act is amended —

(a)

by inserting, immediately after paragraph (g) of subsection (1), the following paragraph:

“(ga)

the prescribing of any measure, the prohibition of any act, or the imposing of a duty to do any act, necessary to prevent or control the spread of an infectious disease;”; and

(b)

by deleting “$5,000” in subsection (2) and substituting the words “$10,000 or to imprisonment for a term not exceeding 6 months or to both”.

New Fifth and Sixth Schedules

19. The principal Act is amended by inserting, immediately after the Fourth Schedule, the following Schedules:

“FIFTH SCHEDULE

Section 21A(1), (2) and (3)

Diseases in Respect of Which Acts Referred to in Section 21A Are Prohibited

Severe Acute Respiratory Syndrome (SARS).

SIXTH SCHEDULE

Section 57A(1)

Diseases in Respect of Which Information May be Disclosed by the Director to A Person to Enable Him to Take Steps to Prevent Spread of the Same

Severe Acute Respiratory Syndrome (SARS).”.

Savings

20. All orders made under sections 8, 15 and 16 of the principal Act immediately before the date of commencement of this Act shall, as from that date, continue to be valid and effective as if they were orders made under sections 8, 15 and 16 of the principal Act (as amended by this Act).

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