§ 51 — Confidentiality of information, etc.

51.—(1) Except in criminal proceedings for an offence under this Act, the Director-General and an authorised officer are not compellable in any proceedings to give evidence in respect of, or to produce, any document, information, electronic material or data storage device which has been obtained from any licensee or any other person in the course of carrying out any investigation or performing any duty or function under this Act.[Act 11 of 2023 wef 01/05/2023]

(2) The Director-General and an authorised officer must not disclose any medical information contained in the medical record of any individual, or information relating to the condition, treatment or diagnosis of any individual, that has come to the knowledge of the Director-General or authorised officer in the course of carrying out any investigation or performing any duty or function under this Act, unless the disclosure is made —(a)

under or for the purpose of administering and enforcing —(i)

this Act;

(ii)

the CareShield Life and Long‑Term Care Act 2019 (Act 26 of 2019);

(iii)

the Health Products Act (Cap. 122D);

(iv)

the Human Biomedical Research Act 2015 (Act 29 of 2015);

(v)

the Human Organ Transplant Act (Cap. 131A);

(vi)

the Infectious Diseases Act (Cap. 137);

(vii)

the Medical and Elderly Care Endowment Schemes Act (Cap. 173A);

(viii)

the Medicines Act (Cap. 176);

(ix)

the MediShield Life Scheme Act 2015 (Act 4 of 2015);

(x)

the National Registry of Diseases Act (Cap. 201B);

(xi)

the Termination of Pregnancy Act (Cap. 324); or

(xii)

the Voluntary Sterilization Act (Cap. 347);

(b)

for the purpose of making a complaint or providing information —(i)

under Part V of the Allied Health Professions Act;

(ii)

under Part V of the Dental Registration Act;

(iii)

under Part 7 of the Medical Registration Act;

(iv)

in respect of the matters in section 37(1) of the Nurses and Midwives Act;

(v)

in respect of the matters in section 20(3) of the Optometrists and Opticians Act;

(vi)

under Part VI of the Pharmacists Registration Act; or

(vii)

under Part IVA of the Traditional Chinese Medicine Practitioners Act; or

(c)

for any other purpose with the consent of the person to whom the information relates or the representative of that person.[Act 11 of 2023 wef 01/05/2023]

(3) Subject to subsection (4), an individual who is or was a member of a quality assurance committee appointed by a section 25 licensee is not competent or compellable —(a)

to produce before any court, tribunal, board or person any document in that individual’s possession or under that individual’s control that was created by, at the request of or solely for the purpose of, the quality assurance committee; or

(b)

to disclose to any court, tribunal, board or person any information that has come to that individual’s knowledge as a member of the quality assurance committee.

(4) Subsection (3) does not apply to a requirement made by any court, tribunal, board or person for the production of any document or the disclosure of any information in proceedings in respect of any act or omission by a quality assurance committee or by an individual as a member of a quality assurance committee, unless the Director-General directs otherwise.[Act 11 of 2023 wef 01/05/2023]

(5) A finding or recommendation by a quality assurance committee as to the need for change or improvement in relation to any licensable healthcare service provided, or any practice or procedure carried out, by the section 25 licensee that appointed the quality assurance committee is not admissible in any proceedings as evidence that the licensable healthcare service, practice or procedure (as the case may be) is or was inappropriate or inadequate.

(6) In this section —“medical information” means information about an individual that relates to the assessment, diagnosis, treatment, prevention or alleviation of an ailment, a condition, disability, disease or disorder or an injury affecting any part of the human body or mind;

“representative” —(a)

in relation to a deceased person, means his or her executor, administrator or next‑of‑kin;

(b)

in relation to an infant, means one of his or her parents or his or her guardian; and

(c)

in relation to a person (P) who lacks capacity within the meaning of the Mental Capacity Act (Cap. 177A), means —(i)

a donee of a lasting power of attorney which is granted by P under the Mental Capacity Act, and under which P confers on the donee authority to consent on P’s behalf to the disclosure; or

(ii)

a deputy who is appointed or deemed to be appointed for P by the court under the Mental Capacity Act, and who is conferred power to consent on P’s behalf to the disclosure.

—(1) Except in criminal proceedings for an offence under this Act, the Director-General and an authorised officer are not compellable in any proceedings to give evidence in respect of, or to produce, any document, information, electronic material or data storage device which has been obtained from any licensee or any other person in the course of carrying out any investigation or performing any duty or function under this Act.[Act 11 of 2023 wef 01/05/2023]

(2) The Director-General and an authorised officer must not disclose any medical information contained in the medical record of any individual, or information relating to the condition, treatment or diagnosis of any individual, that has come to the knowledge of the Director-General or authorised officer in the course of carrying out any investigation or performing any duty or function under this Act, unless the disclosure is made —(a)

under or for the purpose of administering and enforcing —(i)

this Act;

(ii)

the CareShield Life and Long‑Term Care Act 2019 (Act 26 of 2019);

(iii)

the Health Products Act (Cap. 122D);

(iv)

the Human Biomedical Research Act 2015 (Act 29 of 2015);

(v)

the Human Organ Transplant Act (Cap. 131A);

(vi)

the Infectious Diseases Act (Cap. 137);

(vii)

the Medical and Elderly Care Endowment Schemes Act (Cap. 173A);

(viii)

the Medicines Act (Cap. 176);

(ix)

the MediShield Life Scheme Act 2015 (Act 4 of 2015);

(x)

the National Registry of Diseases Act (Cap. 201B);

(xi)

the Termination of Pregnancy Act (Cap. 324); or

(xii)

the Voluntary Sterilization Act (Cap. 347);

(b)

for the purpose of making a complaint or providing information —(i)

under Part V of the Allied Health Professions Act;

(ii)

under Part V of the Dental Registration Act;

(iii)

under Part 7 of the Medical Registration Act;

(iv)

in respect of the matters in section 37(1) of the Nurses and Midwives Act;

(v)

in respect of the matters in section 20(3) of the Optometrists and Opticians Act;

(vi)

under Part VI of the Pharmacists Registration Act; or

(vii)

under Part IVA of the Traditional Chinese Medicine Practitioners Act; or

(c)

for any other purpose with the consent of the person to whom the information relates or the representative of that person.[Act 11 of 2023 wef 01/05/2023]

(3) Subject to subsection (4), an individual who is or was a member of a quality assurance committee appointed by a section 25 licensee is not competent or compellable —(a)

to produce before any court, tribunal, board or person any document in that individual’s possession or under that individual’s control that was created by, at the request of or solely for the purpose of, the quality assurance committee; or

(b)

to disclose to any court, tribunal, board or person any information that has come to that individual’s knowledge as a member of the quality assurance committee.

(4) Subsection (3) does not apply to a requirement made by any court, tribunal, board or person for the production of any document or the disclosure of any information in proceedings in respect of any act or omission by a quality assurance committee or by an individual as a member of a quality assurance committee, unless the Director-General directs otherwise.[Act 11 of 2023 wef 01/05/2023]

(5) A finding or recommendation by a quality assurance committee as to the need for change or improvement in relation to any licensable healthcare service provided, or any practice or procedure carried out, by the section 25 licensee that appointed the quality assurance committee is not admissible in any proceedings as evidence that the licensable healthcare service, practice or procedure (as the case may be) is or was inappropriate or inadequate.

(6) In this section —“medical information” means information about an individual that relates to the assessment, diagnosis, treatment, prevention or alleviation of an ailment, a condition, disability, disease or disorder or an injury affecting any part of the human body or mind;

“representative” —(a)

in relation to a deceased person, means his or her executor, administrator or next‑of‑kin;

(b)

in relation to an infant, means one of his or her parents or his or her guardian; and

(c)

in relation to a person (P) who lacks capacity within the meaning of the Mental Capacity Act (Cap. 177A), means —(i)

a donee of a lasting power of attorney which is granted by P under the Mental Capacity Act, and under which P confers on the donee authority to consent on P’s behalf to the disclosure; or

(ii)

a deputy who is appointed or deemed to be appointed for P by the court under the Mental Capacity Act, and who is conferred power to consent on P’s behalf to the disclosure.