The following explanations are based on the hypothetical assumption that you, the reader, is an individual tested HIV positive or with a strong belief of being HIV positive.
Attend Counselling
If you are diagnosed with AIDS or HIV infection, you may be legally required to attend counselling sessions. Defaulting on these counselling sessions will make you liable for penalties. Penalties for defaulters can either be a fine, of no more than $10,000, or a maximum prison sentence of 2 years.
Informing HIV status when participating in sexual activity
Section 23(1) of the IDA requires HIV positive individuals to inform their partner, or partners, of the possibility and risk of HIV transfer through sexual activity. This section also requires the voluntary agreement of sexual partners of HIV infected individuals to accept that risk. Sifting through the legal jargon, you will have to inform any sexual partners of your HIV infection. Your partners must acknowledge and accept the risk of contracting HIV before engaging in any sexual activity with you.
This section of the IDA also applies to individuals yet to be medically diagnosed as HIV positive but possibly have HIV infection. You may have never been tested as HIV positive, but repeated exposures to infection have led you to believe you may have contracted HIV. If you fall into this category, there is an alternate set of laws to follow. At the time of your sexual activity, you must have tested negative for HIV. However, you must inform your sexual partner of the possibility of you having HIV infection and they must agree to the risk of sexual activity with you. Similarly, you must take precautionary measures to protect your partner from possibly contracting HIV from you.
Penalties for breaching these sections of the IDA are more severe. The maximum fine is $50,000 and the maximum sentence for imprisonment is 10 years.
Blood Donation
Individuals tested HIV positive are legally forbidden from donating blood, or any other activity which may cause others to contract HIV. Penalties for breaching this law is the same as those previously covered. The maximum penalty may manifest as a $50,000 fine or a prison sentence of 10 years.
Entry into Singapore
Foreign nationals looking for work in Singapore, regardless of length, are required to undergo HIV tests. Singapore’s Immigration Act bans any HIV positive foreigners from entering Singapore for employment. You will be legally banned from finding employment in Singapore. However, if you are entering on a short visitor’s pass, you will not be restricted by any laws from entering.
If you were tested HIV positive, there will undoubtedly be a thousand and one things on your mind. However, you must know these laws to avoid adding legal issues to your list of problems.
