Singapore legislation
Section 25A
Section 25A
Disclosure by Director, medical practitioner and recipient of information
(1)
The Director may disclose any information relating to any person whom the Director reasonably believes to be infected with HIV Infection to —
any medical practitioner or other health staff who has been exposed to a risk of infection from HIV Infection; or
any first responder who has experienced a significant exposure to blood or other potentially infectious materials of any patient.
(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.
(3)
Subject to subsection (4), a medical practitioner may disclose information relating to any person whom the medical practitioner reasonably believes to be infected with 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.
(4)
The medical practitioner must not disclose any information under subsection (3) unless the medical practitioner —
reasonably believes that it is medically appropriate and that there is a significant risk of infection to the spouse, former spouse or other contact;
has counselled the infected person regarding the need to notify the spouse, former spouse or other contact and the medical practitioner reasonably believes that the infected person will not inform the spouse, former spouse or other contact; and
has informed the infected person of the medical practitioner’s intent to make such disclosure to the spouse, former spouse or other contact.
(5)
Where the medical practitioner is unable, by any reasonable means, to counsel or inform the infected person, the medical practitioner may apply to the Director to waive the requirements of subsection (4)(b) or (c) or both.
(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 there is a significant risk of infection to the spouse, former spouse or other contact.
(7)
A person, to whom any information relating to another person who is reasonably believed to be infected with HIV Infection has been disclosed under this section, must not disclose such information to any person other than the persons specified in subsection (8) or as provided in subsection (10).
(8)
The persons mentioned in subsection (7) are —
the infected person himself or herself;
a person who is authorised under section 25(1)(a) to consent to such disclosure; and
any person who is authorised to disclose such information under subsection (1), (3) or (6) or section 25(1).
(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.
(10)
A person, to whom any information relating to a person who is reasonably believed to be infected with 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.
(11)
The Director may approve the application under subsection (10) if the Director is satisfied that such disclosure is in the interests of public health or public safety.