7. Section 20D of the principal Act is amended —| (a) | by deleting the words “is infected with the Human Immunodeficiency Virus” in the 4th, 5th and 6th lines of subsection (1) and substituting the words “HIV Infection”; | | (b) | by deleting the word “or” at the end of subsection (1)(f); | | (c) | by deleting the full-stop at the end of paragraph (g) of subsection (1) and substituting a semicolon, and by inserting immediately thereafter the following paragraphs:| “(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.”; and |
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| | (d) | by inserting, immediately after subsection (2), the following subsections:“(3) 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. |
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| (4) For the purposes of subsection (3), “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. |
| (5) Subject to subsection (6), 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. |
(6) The medical practitioner shall not disclose any information under subsection (5) 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. |
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| (7) 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 (6)(b) or (c) or both. |
| (8) The Director may approve the application made under subsection (7) 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. |
| (9) 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 (10) or as provided in subsection (12). |
(10) The persons referred to in subsection (9) are-| (a) | the infected person himself; | | (b) | a person who is authorised under subsection (14) to consent to such disclosure; and | | (c) | any person who is authorised to disclose such information under subsection (1), (3), (5) or (8). |
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| (11) Any person who fails to comply with or contravenes subsection (9) 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. |
| (12) 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) The Director may approve the application under subsection (12) if he is satisfied that such disclosure is in the interests of public health or public safety. |
(14) For the purposes of subsection (1)(a), the consent of the other person includes —| (a) | if such person has died, the written consent of that person’s spouse, personal representative, administrator or executor; | | (b) | if such 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 such 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.”. |
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