Singapore's New HIV Disclosure Law: No Disclosure Needed for Undetectable Viral Load
[ Back to News Page ] Dated: 30-Sep-2024
Background Information
Original News Title: “If 'undetectable viral load' is maintained for an extended period, HIV-positive individuals no longer need to notify their sexual partners of the infection risk” Report Source: Channel NewsAsia (CNA), March 7
Singapore has implemented new measures regarding public health and HIV transmission, including a revision of the HIV disclosure laws, which means that HIV-positive individuals who can control their viral load no longer need to disclose their status to sexual partners. This measure aims to encourage more people to get tested and seek treatment.
Additionally, the Infectious Diseases Act has been amended to introduce categories for public health threats and emergencies, allowing the government to take more effective actions in health crises. These changes reflect Singapore’s progress in public health management, aiming to better protect public safety while balancing scientific advances and human rights.
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HIV Disclosure Law Modification
Overview of New Regulations Individuals who are uncertain whether they are HIV-positive but suspect they may be carriers still have a legal obligation to disclose the infection risk to their sexual partners. However, in Singapore, those who can maintain an undetectable viral load before sexual activity for a certain period will no longer need to inform their partners of the potential risk of HIV transmission.
Specific Requirements
- Viral Load Requirement: HIV-positive individuals must maintain their viral load at an undetectable level, specifically keeping the virus level in their blood to no more than 200 copies per milliliter over at least six months, according to tests from authorized laboratories.
- Testing Time Requirement: The most recent test result showing an undetectable viral load should be within nine months before the relevant sexual activity.
- Adherence to Treatment: Individuals must consistently follow medical advice and adhere to HIV treatment until the time of sexual activity.
Law Passed The amendment to Section 23(1) of the Infectious Diseases Act and other modifications to the bill were passed unanimously in Parliament.
Maintaining Public Health Safeguards
Continued Legal Responsibility Ms. Rahayu Mahzam emphasized that any “irresponsible behavior” that could lead to HIV transmission is illegal in Singapore, and appropriate enforcement measures will be taken if necessary. Section 23(2) of the Infectious Diseases Act will remain in effect, requiring individuals who are unsure of their HIV status but believe they may be carriers to inform their sexual partners of the infection risk.
Encouraging Testing and Treatment The Ministry of Health considered the latest scientific evidence while reviewing the HIV disclosure laws to encourage early detection and treatment of HIV, aiming to maintain an undetectable viral load and thereby effectively control HIV transmission.
International Comparison Ms. Rahayu noted that Singapore is not the only country to amend related laws. Regions such as Sweden, Taiwan, and the United States have already eliminated the disclosure obligation for HIV-positive individuals with undetectable viral loads.
Singapore’s Latest Public Health Response Measures
Four Levels of Public Health Response
- Baseline Status: Routine disease prevention and control measures, along with public health monitoring.
- Epidemic Management: Measures such as temperature screening for new infectious diseases to prevent them from entering Singapore.
- Public Health Threat: Situations requiring more extensive or long-term control measures, similar to the "circuit breaker" measures during COVID-19.
- Public Health Emergency: Extremely severe public health crises that may require curfews or resource requisition measures.
Impact of Amendments Under the new amendments, the Minister of Health can now decide whether to declare a public health threat or a public health emergency based on the severity of the situation. This allows the Minister to exercise powers under the 1985 Resources Requisition Act (RORA) when declaring a public health emergency, ensuring public safety and health. Previously, this power was vested in the Minister for Defence.
