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Video: Parliament amends Infectious Diseases Act so that HIV +ve people no longer need to inform sex partners of risk if undetectable viral load maintained


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On Thursday, 7 March 2024, after a discussion which saw pertinent questions being fielded by Workers' Party MP He Ting Ru and PAP MP Louis Ng, Parliament unanimously passed an amendment to Section 23(1) of the Infectious Diseases Act so that people living with the human immunodeficiency virus (PLHIV) would no longer be required to inform their partner of the risk of contracting HIV infection before sexual activity if the individual had maintained “an undetectable viral load for a certain period of time” preceding the sexual activity.
Senior Parliamentary Secretary for Health, Rahayu Mahzam, announced that a PLHIV was presumed to have zero risk of transmitting the infection if “certain conditions” had been met.
First, the PLHIV must have maintained a stable undetectable HIV viral load “consistently below 200 copies per ml of blood, for at least six months, based on test results from a recognised laboratory”. 
Second, their most recent undetectable viral load test result should be nine months or less before the sexual activity in question. 
And third, they must have adhered to medical treatment for HIV infection up to the time of the sexual activity. 
The HIV disclosure amendment aligned with medical advancements and Singapore’s public health objective to curb transmission by “shifting greater responsibility to individuals” to get tested and treated for HIV in order to achieve and maintain a stable undetectable viral load.  More details would be set out in subsidiary legislation to allow for “timely and responsive adjustments” should medical science change in the future. 
Prior to the amendment, Section 23(1) required a person living with HIV to inform their partner of the risk of contracting HIV infection before sexual activity took place. 
Doctors regularly informed patients of this legal obligation at the point of HIV diagnosis.
The previous requirement accorded “choice and protection” to the partner who could then decide whether to engage in sexual activity and to take precautions if so, such as through the use of condoms, thereby reducing the risk of spreading HIV. 
Rahayu reminded the House that “irresponsible behaviour” that could lead to the transmission of HIV remained an offence in Singapore, and appropriate enforcement action would be taken as required.
As such, Section 23(2) of the Infectious Diseases Act would remain. This legislation required people who did not know they had HIV but who had reason to believe they may carry the virus to inform their sexual partners of the risk of infection. 
That legal obligation would continue to deter irresponsible behaviour, “including from those who attempt to hide behind the ignorance of their HIV status”, she said. 
However, while there were safeguards in place, it was also important for HIV legislation to be “aligned with medical advancements in HIV treatment, in order to encourage early detection and treatment of HIV”, Rahayu explained. 
Even though HIV remained incurable, medical advancements in HIV treatment meant that a PLHIV and maintained a stable undetectable viral load over time, as a result of consistent adherence to their treatment, “cannot transmit HIV to their sexual partner”, she said. 
“The sexual partner therefore is not at risk of contracting HIV from these individuals.” 
Responding to MP Louis Ng’s (PAP-Nee Soon) queries about how the Health Ministry defines “undetectable viral load”, Rahayu emphasised that the criteria for the maintenance of an undetectable viral load were “rigorously determined” based on the latest scientific evidence and clinical knowledge, after consultation with HIV and infectious diseases experts.
From 2015 to 2023, seven people were convicted for failing to inform their sexual partners of the risk of getting HIV infection. Among them, four had undetectable viral loads at the time of their offence, she added. 
Singapore was not the first or only country to amend its disclosure law, she also noted. 
Other jurisdictions, such as Sweden, Taiwan and the United States, had removed the disclosure requirement for people living with HIV with no risk of transmitting the virus. 
Rahayu also emphasised that MOH was “not relaxing public health safeguards against HIV transmission” with the proposed amendments.
Rather, the ministry wais encouraging infected persons to come forward to be tested and treated, thereby better protecting their sexual partners.
Links:
https://the-singapore-lgbt-encyclopaedia.fandom.com/wiki/Earliest_cases_of_HIV/AIDS_in_Singapore

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Guest Not so sure
10 hours ago, Steve5380 said:

This is great!   Is good to see that Singapore can be progressive!

Progressive?  I am not sure in this regard.  Silience may not necessarily be the best policy, honesty does.    Now, It has simply given the perpetrator more legal defense in court.  It will take time to determine whether the move will cause an increase in infections.

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Seems some Guest(s) here didn't understand the concept of the amendment and what

 

"PLHIV and maintained a stable undetectable viral load over time, as a result of consistent adherence to their treatment"

 

 means...

 

Why should they require to defend themselves at a court  if they pass the above criteria and fall within the ambit of the new amendment?

 

It also seems that you prefer to add onto the stigma or People Living with HIV.

 

And how would the sex act of undetectable viral load PLHIV increase infections?

 

It seriously looks that you understood zero on the topic.

 

 

medical advancements in HIV treatment meant that a PLHIV and maintained a stable undetectable viral load over time, as a result of consistent adherence to their treatment, “cannot transmit HIV to their sexual partner”, she said. 
“The sexual partner therefore is not at risk of contracting HIV from these individuals.” 

 

 

On 3/8/2024 at 7:59 PM, groyn88 said:

Even though HIV remained incurable, medical advancements in HIV treatment meant that a PLHIV and maintained a stable undetectable viral load over time, as a result of consistent adherence to their treatment, “cannot transmit HIV to their sexual partner”, she said. 
“The sexual partner therefore is not at risk of contracting HIV from these individuals.” 

 

 

 

Edited by singalion
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4 hours ago, singalion said:

 

medical advancements in HIV treatment meant that a PLHIV and maintained a stable undetectable viral load over time, as a result of consistent adherence to their treatment, “cannot transmit HIV to their sexual partner”, she said. 
“The sexual partner therefore is not at risk of contracting HIV from these individuals.” 

 

 

This must be a disappointment for the Religious Conservatives!

 

It takes away from them the ability of making threats of danger from homosexual sex and promiscuity in general,  and the idiotic notion that HIV is a "punishment by God".

 

And it reinforces the positive opinion that the existence of antiviral medications is a gift of God to help the victims of HIV infection. :thumb: 

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