CHAPTER
231
HEALTH SERVICES |
ARRANGEMENT OF
SECTIONS |
SECTION |
|
|
Public Health Authorities
and Administration |
Establishment of Health Department. |
Supply of medicines, etc., at public expense. |
Payment of fees for treatment. |
|
Supreme Court may make an order charging real
property. |
Infectious Diseases |
Notices to be given of outbreak of infectious
diseases. |
Steps to be taken on notification of infectious
disease. |
Removal of infected articles for disinfection or
destruction and necessary powers. |
Isolation of infected persons and contacts and
other powers of a medical officer. |
Penalty for casting infected rubbish, etc., into
dust-bins. |
Disinfection, and notice to owners, of infected
house or giving up possession. |
Penalty for letting infected house. |
Penalty for making false statement on letting
infected house. |
Washing of infected clothing. |
Infected children not to be sent to school. |
Infected person not to take books, etc., from
library. |
Certain persons suffering from infectious
diseases may be removed to hospital. |
Penalty on exposure of infected persons or
things. |
Provision for preventing the infection of public
conveyances. |
Provision for dealing with infectious disease
suspected due to milk. |
Penalty for not burying infected corpse
promptly. |
Penalty for holding wake over infected corpse. |
Burial of persons dying in hospital of
infectious disease. |
Burial of corpse on default of relatives and
recovery of expenses. |
Anatomical examination of corpses of persons
dying of certain diseases. |
Prohibition of Certain
Trades to Persons Suffering from Infectious Diseases |
Infected persons not to exercise certain
callings. |
Rules |
|
|
Miscellaneous |
Application of Act to all buildings and vessels,
etc. |
General power of entry to premises. |
Penalties for various offences. |
Notices, authentication and service of. |
Method of recovering penalties and expenses. |
Legal proceedings by the Minister. |
Power of entry to examine or inspect. |
Evidence of persons authorized to perform
duties. |
When a commissioner is unable to adjudicate. |
Provisions of Act not to be in derogation of
other legal provisions and rights. |
|
Power to Minister to vary interpretation of infectious
disease, etc. |
|
Property vested in Treasurer. |
|
|
SCHEDULE - Trades prohibited to persons suffering from
Infectious Diseases. |
CHAPTER 231 |
HEALTH SERVICES |
An Act to
make provision for securing the public health. | 17 of 1914
28 of 1920
42 of 1926
9 of 1928
28 of 1947
23 of 1962
24 of 1962
39 of 1963
43 of 1964
E.L.A.O., 1974
19 of 1975.
24 of 1975
15 of 1976
4 of 1987
5 of 1987
S.I. 93/1991
20 of 1998 |
[Commencement 22nd
June, 1914] |
1. This Act may be cited as the Health Services Act. | Short title. |
2. In this Act unless the context otherwise requires- | Interpretation. |
"building"
includes the curtilage of a building; |
"business
premises" means an hotel, restaurant, shop, office, cruise ship and any
other premises where business is carried on; |
"Chief
Medical Officer" means the chief medical officer appointed in accordance
with the provisions of this Act; |
"cistern"
includes a tank, water-butt, jar, cask, barrel, tub or other receptacle used
for storing water; |
"contact"
means a person who, in the opinion of a medical officer, has been exposed to
infection from an infectious disease; |
"dairy"
includes any farm, farmhouse, cow-shed, milk-store, milk-shop, milk-cart,
pasture, road or other place from which milk is supplied or in which milk is
kept for purposes of sale; |
"dairyman"
includes any cow-keeper, purveyor of milk or person in charge of a dairy; |
"day"
means the period between the hours of six o'clock in the morning and six
o'clock in the evening; |
"Department"
means the Health Department established under section 3; |
"disinfecting"
and "cleansing" respectively include fumigating for the purpose of
destroying noxious insects and rats, lime-washing and all other measures from
time to time prescribed; |
"district"
means any one of the districts into which the Out Islands are divided under the Local
Government Act, or any other area in which a government medical officer is
directed by the Minister to carry out his duties; |
"dust-bin"
means any bin, tub or other receptacle for the deposit of dust, sweepings,
rubbish or refuse matter; |
"earth-closet"
means a closet in which dry earth, lime or other matter is used for covering
and deodorising human excreta; |
"health
officer" means any member of the Health Department authorised by the
Minister to act as a health officer and includes a commissioner so authorised; |
"hospital"
means a health care institution owned and operated by the Government; |
"house"
includes schools, also factories and other buildings in which persons are
employed and the curtilage of a house; |
"house
gutter" includes eaves-gutter and any other gutter upon, or attached to
any dwelling-house or building whatsoever; |
"human
consumption" includes use in the preparation of food or drink for human
consumption; |
"infectious
disease" means any of the following diseases namely: plague, smallpox,
yellow fever, cholera, diphtheria, typhoid fever, scarlet fever, scarlatina,
mumps, measles, german measles, typhus fever, whooping cough, hydrophobia,
trachoma, puerperal fever, relapsing fever, dysentery, cerebrospinal fever,
acute poliomyelitis, influenza, tuberculosis, acquired immune
deficiency syndrome (AIDS) and pneumonia; |
"isolation
station" includes any house, part of a house, tent, vessel or other place
in which any patient or contact is isolated; |
"larvae"
includes pupae; |
"master"
means in the case of a building or part of a building, a person in occupation
of or having the charge, management or control of the building, or part of the
building, and in the case of a house the whole or part of which is let out in
separate tenements or rooms, or in the case of a lodging house the whole of
which is let to lodgers, includes the person receiving the rent payable by the
tenants or lodgers either on his own account or as the agent of another person,
and in the case of a vessel means the master or other person in charge thereof; |
"medical
officer" includes the Chief Medical Officer and a district medical
officer; |
"medical
officer of health" means any medical officer appointed to be a medical
officer of health and includes the Chief Medical Officer and a district medical
officer; |
"medical
practitioner" means a duly qualified medical practitioner within the
meaning of the
Medical Act or any Act passed in amendment thereof or substitution therefor: |
"Minister"
means the Minister responsible for Public Health; |
"noxious
insects" includes mosquitoes, fleas, flies and other insects which may be
from time to time prescribed; |
"owner"
means the person for the time being receiving the rent of the premises in
connection with which the word is used, whether on his own account or as agent
or trustee for any other person, or who would so receive the same if such
premises were let; |
"pail
closet" means a movable receptacle for human excreta; |
"patient"
means a person whom a medical officer or medical practitioner believes or
suspects to be suffering from an infectious disease; |
"place of
public resort" includes any library, building, place or conveyance to
which for the time being the public are entitled or permitted to have access
either without any condition or upon condition of making any payment, and any
building or place which is for the time being used for any public or religious
meeting or assembly or as an open court; |
"prescribed"
means prescribed for the time being by the Minister by Order published in the Gazette; |
"public
place" includes any park, market, market place, street, highway, road,
bridge, wharf, pier, jetty, lane, footway, square, court, alley of passage,
whether a thoroughfare or not; |
"rules"
means rules made under this Act; |
"sanitary
conveniences" includes urinals, water-closets, earth-closets, pail
closets, privies and any similar conveniences or receptacles for human excreta
or urine, together with the structure comprising such convenience or receptacle
and the fittings and apparatus connected therewith; |
"suffering
from an infectious disease", "liable to retain infection,"
"exposed to infection," "injurious to health,"
"dangerous to health" and "infected" respectively mean so
suffering, so liable to retain, so exposed, so injurious, so dangerous or
infected, in the opinion of a medical officer or in any district where there is
no medical officer in the opinion of a commissioner; |
"town"
means any area in New Providence or in any Out Island now known or commonly
called a town or hereafter declared by the Minister by notice in
the Gazette to be a town for the purposes of this Act and includes the
City of Nassau and its suburbs as defined in any Act; |
"vessel"
includes any ship, boat and every description of vessel used in navigation; |
"village"
means any area containing ten or more houses used for human habitation beyond
the boundaries of the town, no one of which houses is more than fifty yards
from the house nearest to it, together with the area within fifty yards of each
such house; and it includes any area with houses thereon beyond the boundaries
of a town from time to time declared by the Minister by notice in the Gazette
to be a village for the purposes of this Act. |
Public Health
Authorities and Administrations |
3. (1) There shall be established a Health Department
which shall comprise a Chief Medical Officer who shall be the principal adviser
and chief executive officer of the Minister and such other
medical, public health, nursing and other officers as may from time to time be
authorized by Parliament. | Establishment of Health Department. |
(2)
Notwithstanding the provisions of any other Act, no person shall be appointed
to the office of Chief Medical Officer, specialist or medical officer in the
Department unless he holds a medical or surgical degree or diploma of a
university or like institution in the Commonwealth or of a university or like
institution of a foreign country recognised by the Minister for the purposes of
this section: |
Provided that in
the case of the Chief Medical Officer, the person appointed shall have had at
least five years experience in his profession and shall possess such public
health qualifications as the Minister may approve. |
4. Subject to any rules prescribed by the Minister
under section 29, medical and surgical attention and requisites shall be
supplied by the Department at the public expense to- | Supply of medicines, etc. at public expense. |
(a) such poor
and indigent persons as may need and apply for them; |
(b) the inmates
and staff of the prisons and of the industrial schools; |
(c) the members
of the police force; |
(d) the
patients in the leper asylum. |
5. (1) The Minister shall by rule prescribe the fees to
be paid by persons who are admitted to hospital as paying patients
for medical or surgical treatment. | Payment of fees for treatment. |
(2) The Minister
may, by rule or otherwise, attach to the giving of medical or surgical
treatment in hospital such conditions as to payment as may be deemed reasonable
and having regard to the special circumstances of any individual case. |
6. A magistrate on the application of the Minister or
some other person authorised by him upon its being proved that any
person is or has been in receipt of medical or other relief from a hospital,
and that such person or the parent, child or husband of such person is able to
contribute to the cost of such relief, may make an order upon such person or
upon such parent, child of husband to contribute such sum either by weekly
payments or otherwise and whether in respect of past or future relief as the
magistrate may deem reasonable in view of all the circumstances of the case. | Magistrate's powers. |
7. The Supreme Court on its equity side may in its
discretion on the application of the Minister make an order charging any real
property vested in any person who shall have died in hospital (or who shall
have been removed from hospital within a month prior to his death) in respect
of the cost of maintenance supplied to such person to such an amount and
subject to such conditions as the court in its discretion may deem fit and may
order such charge to be enforced by sale of the property or otherwise as it may
deem fit: | Supreme Court may make an order charging real
property. |
Provided that no
such order shall be made unless the same shall be applied for within the period
of six months from the death of the person in whom the property was vested. |
Infectious
Diseases |
8. (1) Where an inmate of any house is suffering or
suspected to be suffering from an infectious disease, the following provisions
shall have effect, that is to say- | Notices to be given of outbreak of infectious
diseases. |
(a) the head of
the family to which such inmate (in this section referred to as the patient)
belongs, and in his default the nearest relative of the patient present in the
house, or being in attendance on the patient, and in default of such relative,
every person in charge of or in attendance on the patient, and in default of
any such person the master of the house, shall, as soon as he becomes aware or
suspects that the patient is suffering from an infectious disease- |
(i) forthwith call in a medical practitioner to visit the
patient or give notice, verbal or written to the Chief Medical Officer, medical
officer of health, district medical officer, commissioner or peace officer; |
(ii) immediately
after the death of the patient unless the patient was attended at the time of
his death by a medical practitioner, give notice of such death to the Chief
Medical Officer, medical officer of health, district medical officer,
commissioner or peace officer. |
In
any such notice there shall be stated the full name and the age and sex of the
patient, a description of the situation of the house, and the infectious
disease from which the patient is suffering or is suspected to be suffering,
and, in the event of the death of the patient, the infectious disease of which
the patient is believed or suspected to have died, and the date and hour of the
death; |
(b) every
medical practitioner attending on or called in to visit the patient shall
forthwith, on becoming aware of or suspecting that the patient is suffering
from an infectious disease, give to the Minister, the district medical officer
or a commissioner a certificate stating the full name and the age and sex of
the patient, a full description of the situation of the house, and the
infectious disease from which in the opinion of such medical practitioner the
patient is suffering or is suspected by him to be suffering, and in the event
of the death of the patient he shall also give a certificate to the Minister,
the district medical officer or a commissioner stating, in addition to the
above particulars, the infectious disease of which in his opinion the patient
has died or is suspected by him to have died and the date and hour of the
death; |
(c) the head
master or head mistress of any school suspecting that any child in his or her
school is suffering from any infectious disease shall notify the same to the
Minister, the district medical officer or a commissioner. |
(2) Every person
required by this section to give any notice or certificate, who fails forthwith
to give the same shall be liable on summary conviction to a penalty of ten
dollars: |
Provided that, if
a person is not required to give notice in the first instance but only in
default of some other person, he shall not be liable to any penalty if he
satisfies the magistrate that he had reasonable cause to suppose that the
notice had been duly given. |
(3) The Minister
may prescribe forms for the purpose of certificates to be given in pursuance of
this section, and if such forms are so prescribed they shall be used in all
cases to which they apply, and all information and particulars required by such
forms shall be given by the person required to give the certificate. The Minister
shall gratuitously supply such forms of certificate to any medical practitioner
residing or practising in New Providence or an Out Island district who applies
for the same; and every medical practitioner shall be paid for
such certificate duly sent by him in accordance with this
section a fee of eighty cents. |
9. Any peace officer receiving any notice under section
8 of this Act shall forthwith report the same to the medical officer or
commissioner of the district in which the case or suspected case or the death
as the case may be has occurred. In New Providence such
report shall be made by a peace officer to the Chief Medical Officer or medical
officer of health. | Steps to be taken on notification of infectious
disease. |
10. (1) The Minister may do all or any of the
following things- | Removal of infected articles for disinfection or
destruction and necessary powers. |
(a) provide in
any suitable place proper premises for the disinfection or destruction of any
bedding, clothing or other articles which have become infected by any
infectious disease; |
(b) provide the
necessary carriages, vessels or other means of conveyance of any such bedding,
clothing or other articles to such premises and the necessary apparatus and
attendance for such disinfection or destruction; |
(c) destroy, or
disinfect and return after disinfection, any such bedding, clothing or other
articles free of charge. |
(2) If satisfied- |
(a) that any
house or part of a house is in such a filthy or unwholesome condition that the
health of any person is affected or endangered thereby; or |
(b) that the
cleansing and disinfecting of any house or part of a house, and of any article
therein or the destruction of such article would tend to prevent the occurrence
or check the spread of any disease, |
a health
officer may serve notice on the master of such house or part thereof or, if the
house or part thereof is unoccupied, on the owner thereof that the same and any
such articles therein will be cleansed and disinfected, or the articles
destroyed, at the cost of such master or owner unless within such time as the
health officer may specify from the service of the notice he
informs the health officer, that he will, within the time fixed by the notice,
himself cleanse and disinfect the house or part thereof and any such articles,
or destroy such articles, to the satisfaction of the health officer. |
(3)(a) Such house
or part thereof and such articles may be cleansed and disinfected or such
articles may be destroyed by the health officer if- |
(i) in the
opinion of the Chief Medical Officer or his deputy, or a health officer, the
necessity for cleansing and disinfecting the house or part thereof or any
article therein likely to retain infection, or for destroying such article is
urgent; |
(ii) within
such time from the service of the notice as may be fixed therein, the person on
whom it is served does not inform the health officer of his intention to
cleanse and disinfect or destroy as aforesaid; |
(iii) having
given such information as aforesaid such person fails to have the house or part
thereof and any such articles cleansed and disinfected, or the articles
destroyed within the time fixed in the notice; |
(iv) the master
or owner before or after such notice gives his consent; |
(v) the
Minister is of opinion that the master or owner is unable effectually to
cleanse and disinfect the house or part thereof and any such articles therein. |
(b) Any expenses
thereby incurred by the Minister shall be recoverable in a summary manner from
the master or owner unless in the opinion of the Minister the master or owner
is from poverty or any other cause unable to pay such expenses, in which case
they may be paid out of the Consolidated Fund by warrant in the usual manner. |
(4) For the
purpose of carrying into effect this section the health officer may enter by
day on any premises. |
11. (1) Subject to the terms of any rules made under
this Act when a medical officer believes or suspects any person to be suffering
from an infectious disease the following steps may be taken with the approval of
the Minister- | Isolation of infected persons and contacts and other
powers of a medical officer. |
(a) the medical
officer may cause the patient to be isolated in the same house or part of a
house in which the patient then is until he is satisfied that the patient is no
longer infectious, if in his opinion, such house or part of a house is so
situate as to permit of the effectual isolation of the patients therein, and
such house or part of a house during such isolation shall be deemed to be an
isolation station. If in the opinion of the medical officer the patient cannot
be effectually isolated in such house or part of a house, he may cause the
patient to be removed to an isolation station or hospital and to be there
isolated until the medical officer in charge of such isolation station or
hospital is satisfied that the patient is no longer infectious; |
(b) the medical
officer may cause the immediate attendants of any such patient and other
contacts to be isolated in the same house or part of a house in which the
patient is isolated or in some other isolation station and for such
period of time as he shall think fit; |
(c) the medical
officer may cause the clothes and bedding of all patients and contacts and all
articles which in his opinion have been infected or exposed to infection by
patients or contacts to be disinfected or destroyed as he shall think fit. |
(2)(a) A contact
may be liberated or exempted from isolation by a medical officer subject to his
undergoing surveillance by the medical officer if the medical officer is
satisfied that it is reasonably probable that the contact will duly comply with
the following conditions, by which conditions the contact shall be bound and
with which he shall comply in every particular upon being liberated or exempted
from isolation, and if, in the case of small-pox, the contact will submit
himself for vaccination, if in the opinion of the medical officer it is
desirable- |
(i) during the
period of surveillance the contact shall reside at such place and remain within
such area as the medical officer may from time to time direct; and |
(ii) during
the period of surveillance the contact shall present himself to the medical
officer for medical examination and supervision at such place and at such hours
and as often as the medical officer may from time to time direct. |
(b) If after such
liberation or exemption the contact fails, in the opinion of the medical
officer, in any particular to comply with any of the conditions of this
subsection, the medical officer may cause the contact to be placed and detained
in isolation in an isolation station for the period prescribed in paragraph (b)
of subsection (1) of this section, but the contact shall not be thereby
released from liability to a penalty for' contravention of this subsection, as
the case may be. |
(3) No person
unless authorised by a medical officer, shall enter any house or part of a
house in which a patient has died of an infectious disease, before such house
or part of a house shall have been disinfected, or shall enter or quit any
isolation station in which a patient or contact is isolated; any person so
entering or quitting any such house, part of a house, or isolation station,
shall be liable to be dealt with as a contact, in addition to any penalty which
he may incur for any contravention of this subsection. |
(4) A medical
officer shall have the following powers- |
(a) to enter
any house or part of a house in which a patient is or has been, for the purpose
of destroying noxious insects or rats therein, and of preventing or guarding
against the entry or escape of noxious insects or rats therein or therefrom; |
(b) to enter
any other house or part of a house which in his opinion is within the range of
infection from a house or part of a house in which a patient has been for the
purpose of taking any steps he may deem necessary for disinfecting and
screening any such house or part of a house. |
(5) Any verbal or
written direction or order of a medical officer
under this section may be executed by any person duly authorised by him. |
(6) Any expenses
incurred in removing a patient or contact to, or maintaining him in, a hospital
or isolation station, or in disinfecting or screening any house or part of a
house shall be payable out of the Consolidated Fund by warrant in the usual
manner. |
(7) If any
bedding, clothing or articles are disinfected by or with the approval of a
health officer and any of them suffer any damage thereby the Minister shall
compensate the owner for the same and he shall also compensate the owner for
any bedding, clothing or articles destroyed and the amount of any such
compensation, in case of disagreement, shall be fixed by a stipendiary and circuit
magistrate from whose decision there shall be no appeal. |
(8) Any person who
contravenes any of the provisions of this section, or obstructs the execution
of the powers given by this section, or obstructs the execution of any
directions given by a medical officer under this section, shall be liable on
summary conviction to a penalty of fifty dollars or to
imprisonment for one month. |
12. (1) Any person who casts, or causes or permits to
be cast, into any dust-bin any rubbish or refuse matter which he knows to be
infected by any infectious disease without previous disinfection to the
satisfaction of a medical officer of health shall be liable on
summary conviction to a penalty of twenty-five dollars, or to imprisonment for
fourteen days and, if the offence continues, to a further penalty of five
dollars for every day during which the offence so continues after the notice
hereafter in this section mentioned. | Penalty for casting infected rubbish, etc., into
dust-bins. |
(2) The Minister
shall cause notice of the provisions of this section to be served on the master
of any house or part of a house in which there is a person suffering from an
infectious disease and on the request of such master shall provide for the
removal and disinfection or destruction of the aforesaid rubbish or refuse at
his expense. |
13. (1) Any person who ceases to occupy any house or
part of a house, in which any person has within six weeks previously been
suffering from an infectious disease and either- | Disinfection, and notice to owners, of infected house
or giving up possession. |
(a) fails to
have such house or part of a house and all articles therein liable to retain
infection disinfected to the satisfaction of a medical officer of health as
testified by a certificate signed by him, or such articles destroyed; |
(b) fails to
give to the owner or master of such house or part of a house notice of the
previous existence of such disease; |
(c) on being
questioned by the owner or master of such house or part of a house, or by any
person negotiating as principal or agent for the hire of such house or part of
a house, as to the fact of there having within six weeks previously been
therein any person suffering from an infectious disease, knowingly makes a
false answer to such question, |
shall be
liable on summary conviction to a penalty of fifty dollars or to
imprisonment for one month. |
(2) The Minister
shall give notice of the provisions of this section to the occupier of any
house in which he is aware that there is a person suffering from an infectious
disease. |
14. (1) Any person who knowingly lets for hire any
house or part of a house, in which any person has been suffering from an
infectious disease without having such house or part of a house and all
articles therein liable to retain infection, disinfected to the satisfaction of
a medical officer of health as testified by a certificate signed by him or, as
regards the articles, destroyed, shall be liable on summary conviction to a
penalty of one hundred dollars or to imprisonment for two months. | Penalty for letting infected house. |
(2) For the
purposes of this section the keeper of any house or part of a house used as an
inn, boarding house or hotel or apartment house shall be deemed to let for hire
part of a house to any person admitted therein as a guest. |
15. Any person letting for hire, or showing for the
purpose of letting for hire, any house or part of a house, who, on being
questioned by any person negotiating as principal or agent for the hire of such
house or part of a house, as to the fact of there being, or within six weeks
previously having been, in such house any person suffering from any infectious
disease, knowingly makes a false answer to such question, shall be liable on
summary conviction to a penalty of fifty dollars or to
imprisonment for one month. | Penalty for making false statement on letting infected
house. |
16. (1) Any person who takes or sends to any public
wash house or to any laundry or place where clothes are washed, for the purpose
of being washed, any bedding, clothing or other things which he knows to have
been exposed to infection from any infectious disease, unless they have been
disinfected to the satisfaction of a medical officer of health as testified by
a certificate signed by him, shall be liable on summary conviction to a penalty
of twenty-five dollars or to imprisonment for fourteen days. | Washing of infected clothing. |
(2) The Minister
shall give notice of the provisions of this section to the occupier of any
house in which he is aware that there is a person suffering from an infectious
disease. |
17. (1) No person being the parent or person having
the care or charge of a child whom he knows or suspects to be suffering from
any infectious disease shall permit such child to attend any school, and no
person being the parent or having the care or charge of a child who, in the
opinion of a medical practitioner, has been suffering from an infectious
disease or has been exposed to infection from an infectious disease, shall
after a notice from a medical practitioner that the child is not to be sent to
school permit such child to attend any school without having procured from a
medical practitioner a certificate that in his opinion such child may attend
school without undue risk of communicating such disease to others. A medical
practitioner upon giving a notice under this subsection shall forthwith report
to the Minister the giving of such notice and the names and addresses of the
child and of the person to whom such notice has been given. | Infected children not to be sent to school. |
(2) Where any part
of a building is occupied as a dwelling and any other part thereof is used as a
school, factory, store, shop or place of public resort or meeting and it is
certified by a medical practitioner that any person is or has been suffering
from an infectious disease in the part occupied as a dwelling, the Minister may
declare the whole of such building to be infected, and may direct the owner,
occupier or manager of such factory, store, shop or place, or in the case of a
school, the manager or principal of such school, to close such part of the
building until such person has been removed from the building and the building
has been cleansed and disinfected to the satisfaction of a medical officer of
health as testified by a certificate signed by him. |
(3) Where a
medical officer of health certifies that an infectious disease exists in any
part of a district the Minister may declare by notice in the Gazette
such part to be infected and prohibit the attendance at any school of children
resident within the infected area or order the manager or principal of any
school within or without the infected area to close such school or to exclude
certain children from attendance at such school. |
(4) The medical
officer of health of the district in which a school is situate may require the
principal of the school to furnish him within a reasonable time fixed by him a
complete list of the names and addresses of the pupils in or attending at the
school. |
(5) If any person
acts in contravention of or fails to comply with this section or any order,
direction, prohibition or requisition under this section he shall be liable on
summary conviction to a penalty of fifty dollars or to imprisonment
for one month. |
18. (1) If any person knows that he is suffering from
an infectious disease he shall not take any books, review, magazine or paper,
or use, or cause any book, review, magazine or paper to be taken for his use
from, or enter any public or circulating library. | Infected person not to take books, etc., from library. |
(2) A person shall
not permit any book, review, magazine or paper which has been taken from a
public or circulating library, and is under his control, to be used by any
person whom he knows to be suffering from an infectious disease. |
(3) A person shall
not return to any public or circulating library any book, review, magazine or
paper which he knows to have been exposed to infection from an infectious
disease or permit any such book, review, magazine or paper which is under his
control, to be so returned, but shall give notice to the Minister that the
book, review, magazine or paper has been so exposed to infection, and the
Minister shall cause the book, review, magazine or paper to be disinfected and
returned to the library or to be destroyed. |
(4) The Minister
shall pay to the proprietor, librarian or other person in charge of the library
from which the book, review, magazine or paper is procured the value of any
book, review, magazine or paper destroyed under the provisions of this section. |
(5) If any person
acts in contravention or fails to comply with this section, he shall be liable
on summary conviction to a penalty of fifty dollars or to
imprisonment for one month. |
19. (1) When a medical officer suspects that a person
is suffering from an infectious disease who, in such medical officer's opinion,
is unable to provide himself with proper lodging or accommodation, or is unable
to take proper precautions, by effectually isolating himself or otherwise to
prevent the spread of the disease by him, or is unable to provide himself with
necessary nursing, treatment or attendance, he may direct such person to be
removed to a hospital. The medical officer shall in every such case report to
the Minister who shall cause the removal to be effected at his expense. | Certain persons suffering from infectious diseases may
be removed to hospital. |
(2) When the
medical officer in charge or having the supervision of a hospital believes or
suspects that a person who is in hospital is suffering from any infectious
disease, and is of opinion that the person on leaving the hospital would be
unable to provide himself with proper lodging or accommodation, or to take
proper precautions, by effectually isolating himself or otherwise, to prevent
the spread of the disease by him, or to provide himself with necessary nursing,
treatment or attendance, he may direct such person to be detained in a hospital
during such time as he shall think necessary. |
(3) A verbal or
written direction in either of the above cases may be carried into execution by
any health officer; and any person obstructing the execution of or disobeying
the direction shall be liable on summary conviction to a penalty of fifty
dollars or to imprisonment for one month. |
20. Any person who- | Penalty on exposure of infected persons or things. |
(a) while
suffering from an infectious disease wilfully or without proper precautions
against spreading the disease exposes himself in any public place or place of
public resort, or while so suffering enters any public conveyance without
previously notifying to the owner or driver thereof that he is so suffering; |
(b) being in
charge of any person so suffering, so exposes such sufferer; |
(c) gives,
lends, sells; transmits or exposes without previous disinfection, any bedding,
clothing or other articles which have been exposed to infection from any such
disease, |
shall be
liable on summary conviction to a penalty of twenty-five dollars or to
imprisonment for one month and a person who while suffering from any infectious
disease, enters any public conveyance without previously notifying to the owner
or driver that he is so suffering shall, in addition, be ordered by the court
to pay such owner and driver the amount of any loss and expenses they may incur
in carrying into effect the provisions of this Act with respect to disinfection
of the conveyance: |
Provided that no
proceedings under this section shall be taken against persons transmitting with
proper precaution any bedding, clothes or other article for the purpose of
having the same disinfected. |
21. (1) A person shall not hire or use any public
conveyance, other than a hearse, for conveying the body of a person whom he
knows to have deed from an infectious disease, without previously notifying to
the owner or driver of the public conveyance that such person died from an
infectious disease. | Provision for preventing the infection of public conveyances. |
(2) If any person
suffering from any infectious disease, or the body of any person who has died
from any infectious disease is conveyed in such public conveyance the owner or
driver thereof, as soon as it comes to his knowledge, shall give notice to the
Minister and shall forthwith cause such public conveyance to be disinfected
under the superintendence of a health officer. |
(3) If any person
acts in contravention of or fails to comply with any of the provisions of this
section he shall be liable on summary conviction to a penalty of fifty
dollars or to imprisonment for one month. |
(4) It shall be
the duty of the Minister when so requested by the owner or driver of any such
public conveyance to provide for the disinfection of the same at the expense of
the owner or driver. |
22. (1) If a medical officer of health suspects that
any person is suffering from infectious disease attributable to milk supplied
from any dairy, or that any cow the milk of which is supplied from such dairy,
is affected with tuberculosis, or that the consumption of milk from such dairy
is likely to cause infectious disease to any person such medical officer of
health, if authorised by an order of the Minister, shall have power with or
without assistance to inspect the dairy and the animals therein, and if on such
inspection the medical officer of health is of opinion that any cow therein or
any cow the milk of which is supplied from such dairy is affected with
tuberculosis or if he is of opinion that any infectious disease is caused or
likely to be caused from consumption of the milk supplied from such dairy, he
shall report thereon to the Minister and the Minister may thereupon serve on
the dairyman notice to appear before a magistrate within such time, not less
than twenty-four hours after the service of such notice, as may be specified in
the notice, to show cause to the satisfaction of the magistrate why an order
should not be made for the destruction of any such cow or requiring him not to
supply any milk from such dairy or keep any milk therein for the purposes of
sale until the order has been withdrawn by the magistrate. | Provision for dealing with infectious disease
suspected due to milk. |
(2) If the
dairyman appears in obedience to such notice and in the opinion of the
magistrate he fails to show such cause, or if the dairyman does not appear upon
proof satisfactory to the magistrate of service of the notice on the dairyman,
the magistrate may make the said order and he shall forthwith give notice of
the order to the Minister and he shall forthwith withdraw the said order upon
receipt of a certificate from the Minister that he is satisfied that the milk
supply has been changed or that the cause of the infection has been removed. |
(3) If any person
refuses to permit the medical officer of health or his assistants, on the
production of the order of the Minister under this section, to inspect any
dairy or the animals therein, or after the magistrate has made an order under
this section, supplies any milk or keeps any milk for the purpose of sale in
contravention of the order, or sells it for consumption, he shall be liable on
summary conviction to a penalty of fifty dollars or to
imprisonment for one month: |
Provided that the
dairyman shall not be liable to an action for breach of contract if the breach
be due to an order made under this section. |
23. Any person who, without the sanction in writing of
a medical practitioner, retains unburied on any premises for more than twelve
hours the body of any person who has died from any infectious disease shall, on
the complaint of the Minister, be liable on summary conviction to a penalty of
fifty dollars or to imprisonment for one month. | Penalty for not burying infected corpse promptly. |
24. It shall not be lawful to hold any wake over the
body of any person who has died from an infectious disease, and the master of
any premises or part of any premises who permits or suffers any such wake to
take place in such premises or part thereof, and every person who attends to
take part in such wake shall be liable on summary conviction to a penalty of
fifty dollars or to imprisonment for one month. | Penalty for holding wake over infected corpse. |
25. (1) If a person dies in hospital or isolation
station from any infectious disease, it shall not be lawful for any person,
without the permission of the medical officer in charge of or having the
supervision of such hospital or isolation station, to remove the body from such
hospital or isolation station except for the purpose of forthwith burying the
same; and the body when so removed shall be forthwith taken direct to the place
of burial and there forthwith buried. | Burial of persons dying in hospital of infectious
disease. |
(2) If any person
acts in contravention of this section he shall be liable on summary conviction
to a penalty of fifty dollars or to imprisonment for one
month. |
(3) Nothing in
this section shall prevent the removal of a dead body from a hospital or
isolation station to a mortuary, and such mortuary shall, for the purpose of
this section, be deemed part of such hospital or isolation station. |
26. (1) Where either- | Burial of corpse on default of relatives and recovery
of expenses. |
(a) the body of
a person who has died from any infectious disease is retained in a room in
which persons live, sleep or work; or |
(b) the body of
a person who has died of an infectious disease is retained without the sanction
in writing of a medical practitioner on any premises for more than twelve
hours; or |
(c) any dead
body is retained in any house so as to endanger the health of the inmates
thereof, or of any adjoining or neighbouring house or building, |
a medical
officer of health may direct that the body be buried immediately, or within a
time limited by him. |
(2) Unless the
relatives or friends of the deceased undertake to bury and do bury the body
within the time so limited, it shall be the duty of the Minister to bury such
body, and any expenses so incurred may be recovered by him in a summary manner
from any person legally liable to pay the expenses of such burial. |
(3) If any person
obstructs the execution of any direction given by a medical officer of health
under this section, he shall be liable on summary conviction to a penalty of fifty
dollars or to imprisonment for one month. |
27. (1) When a medical practitioner in attendance on a
person is of opinion that such person presents symptoms of yellow fever,
cholera or plague, he shall have power on the death of such person, if he
suspects that the death of such person was caused by yellow fever, cholera or
plague, to make an anatomical examination of the dead body of such person for
the purpose of ascertaining the cause of death if so directed by the Minister. | Anatomical examination of corpses of persons dying of
certain diseases. |
(2) Where a
medical officer of health suspects that any person, the cause of whose death
has not been certified by a medical practitioner, has died of yellow fever,
cholera or plague, he shall have power at any time to enter any premises and
view the body of such person. If upon such view he finds grounds for such
suspicion he shall have power to make an anatomical examination of the said
body for the purpose of ascertaining the cause of death, if so directed by the
Minister. |
(3) In either of
such cases the medical practitioner or the medical officer of health as the
case may be shall have power to cause the body to be removed to some convenient
place, if he thinks fit, for the purpose of making such examination; and such
removal shall be at the expense of the Minister. |
(4) Any person who
obstructs the execution of any of the powers conferred by this section shall be
liable on summary conviction to a penalty of fifty dollars or to
imprisonment for one month. |
Prohibition of
Certain Trades to Persons Suffering from Infectious Diseases |
28. (1) A person who knows or suspects that he is
suffering from an infectious disease shall not carry on or be engaged in any of
the trades or callings specified in theSchedule to this Act or any
other trade or calling which the Minister may from time to time by Order
prohibit him from carrying on. | Infected persons not to exercise certain callings. |
(2) An employer
shall not knowingly employ any person suffering from an infectious disease in
any such trade or calling. |
(3)
If the Minister suspects that any person engaged in any of such trades or
fallings is suffering from an infectious disease he may by his authorised
officer enter upon the premises, where any such trade or calling is carried on
and examine the persons employed. |
(4) For the
purposes of this section the term "infectious disease" shall mean any
of the following diseases, namely, plague, small-pox, yellow fever, cholera,
diphtheria, typhoid fever, scarlet fever, typhus fever, tuberculosis, dysentery
and puerperal fever. |
(5) If any person
acts in contravention of this section he shall be liable on summary conviction
to a penalty of fifty dollars or to imprisonment for one
month. |
Rules |
29. Subject to the provisions of this Act the
Minister may make rules for sanitary purposes and particularly for all or any
of the following objects- | Rules. |
(1) regulating
the washing of any clothes or other things whether they have been exposed to infection
from infectious disease or not in such manner as to prevent the washing thereof
from being dangerous or prejudicial to public health; |
(2) (a) guarding
against and preventing. the outbreak, spread or recurrence of infectious
disease generally and particularly for this purpose for- |
(i) house
to house visitation; |
(ii) appointing
places for the burial of the bodies of persons who have died from any
infectious disease, and for providing for and regulating the interment, burning
or burial at sea of such corpses so as to prevent any injury or danger to
health; |
(iii) the
provision of medical aid, maintenance and accommodation for patients and
contacts; |
(iv) the
removal, detention, segregation and isolation of patients and contacts, and for
the appointment, control and management of hospitals and isolation stations for
the receipt of patients and contacts; |
(v) compelling
contacts to report themselves to a medical officer at such times and places and
during such periods as the medical officer may direct or as may be provided by
such rules, for the purpose of observation or examination by him, and generally
to place
contacts under the surveillance and control of a health officer; |
(vi) the
isolation, disinfection and destruction of houses, tents, vans, sheds or
similar structures used for human habitation, suspected of being infected by
infectious disease or which have been exposed to infection from such disease or
which are within the range of infection from such disease; |
(vii) the
removal, detention, disinfection and destruction of clothes, bedding or. any
article suspected of being infected by infectious disease or which has been
exposed to infection from such disease; |
(viii) promoting
the cleansing, ventilation and disinfection of premises and vessels; |
(ix) declaring
any part of The Bahamas to be an infected area infected with infectious disease
and for prohibiting or regulating the passage of persons or things from such
infected area to other parts of The Bahamas; and for providing for the
isolation or surveillance of persons and the disinfection or destruction of
things arriving in other parts of The Bahamas from such area; |
(b) the
Minister may by rules made under subparagraph (a) of this paragraph annul the
whole or any part of section 11 of this Act or vary or amend the provisions of
the said section or substitute other provisions therefor; |
(3) prescribing
forms to be used under the provisions of this Act and any rules made
thereunder; |
(4) regulating
the admission of patients to hospital; |
(5) the
administration of outdoor relief; |
(6) the
internal management of hospitals; |
(7) regulating
the conduct of doctors, nurses, patients and visitors in hospitals and
maintaining discipline therein; |
(8) fixing the
charges payable by patients in or attending hospital; |
(9) the
engagement, training and examination of student nurses; |
(10) the
rendering of pathological and other such services to private practitioners or
other members of the public and prescribing scales of charges therefor; |
(11) prescribing
the persons empowered to issue bills of health to masters of ships, fixing the
fees to be paid for the same and providing for the liability of ships' agents
therefor; |
(12) generally
for the better execution and carrying out of the provisions of this Act. |
30. Any rules made under section 29 of this Act may
apply to the whole of The Bahamas or to any Out Island district thereof
specially named therein. | Application of rules. |
Miscellaneous |
31. The provisions of this Act shall apply to every
building, vessel, tent, van, shed or similar structure used for human
habitation in like manner as nearly as may be as if it were a house; but
nothing in this Act shall extend to any land, house, building, vessel, tent,
van, shed or similar structure belonging to Her Majesty or to any inmate
thereof, nor to any vessel belonging to any foreign government. | Application of Act to all buildings and vessels, etc. |
32. (1) A health officer specially authorised in that
behalf may enter in the day on any part of any premises for the purpose of
carrying out any of the objects of this Act, and such
entry may be made with such workmen and servants as may be necessary for the
execution of any work to be done. | General power of entry to premises. |
(2) If a
magistrate is satisfied by information on oath- |
(a) that there
are reasonable grounds for such entry and that there has been a refusal or
failure to admit to such premises, and either that reasonable notice, written
or verbal, of the intention to apply to a justice of the peace for a warrant
has been given, or that the giving of notice would defeat the object of the
entry; |
(b) that there
is reasonable cause to believe that there is on the said premises some
contravention of this Act or any rule made under it and that an application for
admission or notice of an application for the warrant would defeat the object
of the entry, |
the
magistrate may by warrant under his hand authorise a health officer with such
servants or workmen as the case may require, to enter the premises, if need be
by force, with such assistance as he may require and there execute his duties
under this Act. |
(3) Any person
obstructing the execution of any such warrant, or of any warrant granted by a
magistrate in pursuance of any other provision of this Act and authorising the
entry by a health officer with his servants or workmen into any premises shall
be liable on summary conviction to a penalty of fifty dollars or to
imprisonment for one month. |
33. (1) Any person who- | Penalties for various offences. |
(a) wilfully
obstructs any officer of the Minister or any person duly employed in the
execution of this Act or of any of the rules; |
(b) destroys,
pulls down, injures or defaces any rule, notice or other matter put up by
authority of the Minister, or any board or other thing upon which such rule,
notice or matter is placed or inscribed; |
(c) wilfully
damages any work or property belonging to the Minister, |
shall be
liable on summary conviction to a penalty of fifty dollars or to
imprisonment for one month. |
(2) Where the
occupier of any premises prevents the owner thereof from obeying or carrying
into effect any provision of this Act or of any of the rules, a magistrate, on
complaint, shall by order require such occupier to permit the doing of any
thing or the execution of any work which appears to the magistrate necessary
for the purposes of obeying or carrying into effect such provisions of this Act
or of the rules, and if within twenty-four hours after service on him of the
order such occupier fails to comply therewith he shall be liable on summary
conviction to a penalty of twenty-five dollars for every day during the continuance
of such non-compliance. |
(3) If the
occupier of any premises, when requested by any health officer to state the
name and address of the owner of the premises, refuses or wilfully omits to
disclose or wilfully misstates the same, he shall (unless he shows cause to the
satisfaction of the magistrate for his refusal) be liable on summary conviction
to a penalty of fifty dollars or to imprisonment for one month. |
34. (1) Notices, orders and such other documents under
this Act, unless otherwise provided in this Act, shall be in writing, and when
issued by the Minister, shall be sufficiently authenticated if signed by the
Minister or any health officer, or by the officer by whom the same are given or
served. | Notices, authentication and service of. |
(2) Any notice,
order or other document required or authorised to be served under this Act may
be served by delivering the same or a true copy thereof either to the person to
whom it is addressed at his usual or last known place of abode or business, or
where addressed to the owner or occupier of the premises then to some adult
person on the premises or, if there is no such person on the premises who can
be so served, then by affixing the same or a true copy thereof on some
conspicuous part of the premises: |
Provided that any
such notice may in cases of emergency be given verbally to the person on whom
this Act requires or authorises the same to be served. |
(3) Any notice or
other document required or authorised for the purposes of this Act to be served
on or given to the Minister shall be deemed to be duly served or given if in
writing delivered at the office of the Minister; and any notice or other
document to be so served on or given to a health officer, medical officer or
medical practitioner shall be deemed to be duly served or given if in writing
delivered at the office or residence of, and addressed to, such officer or
practitioner. |
(4) Any notice by
this Act required to be served on or given to the owner or occupier of any
premises may be addressed by the description of the "Owner" or
"Occupier" of the premises (naming them) in respect of which the
notice is served or given without further name or description. |
35. (1) All offences and penalties under this Act and
the rules shall be prosecuted and recovered in accordance with the law for the
time being in force regulating the procedure before magistrates. | Method of recovering penalties and expenses. |
(2) All expenses
directed by this Act to be recovered in a summary manner shall be recovered in
accordance with the law for the time being regulating the recovery of debts
before magistrates: |
Provided that if
the amount sought to be recovered exceeds the
pecuniary jurisdiction of a magistrate the same shall be sued for and recovered
in the Supreme Court only. |
36. The Minister may appear before any court or in any
legal proceedings under or arising out of this Act by a health officer or by
any person authorised in writing generally or in respect of any special
proceedings so to appear. | Legal proceedings by the Minister. |
37. When the Minister has by virtue of this Act or the
rules, power to examine or enter any premises whether a house, building, ship,
tent, van, shed, structure or place, open or enclosed, any officer authorised
by him may enter or examine with such workmen and servants as may be necessary
for the execution of any work to be done. | Power of entry to examine or inspect. |
38. If in any proceedings in any court any question
shall arise whether any person is a medical officer of health, a medical
officer, a medical practitioner, a health officer, or any person
authorised to perform any duty under this Act, his own evidence thereof or any
other evidence of his having acted in such capacity shall be deemed sufficient
until the contrary be proved. | Evidence of persons authorised to perform duties. |
39. Where a commissioner is unable from interest or
any other cause whatsoever to hear and determine any proceedings taken under
this Act or the rules, the powers and duties imposed and conferred on him by
this Act may be exercised in an Out Island district by a circuit
justice while on circuit, and for this purpose he is hereby invested with
original jurisdiction. | When a commissioner is unable to adjudicate. |
40. All powers, rights and remedies given by this Act
shall be in addition to and not in derogation of any other powers, rights and
remedies conferred by any Act, law or custom and all such other powers, rights
and remedies may be exercised and put in force in the same manner and by the
same authority as if this Act had not been passed: | Provisions of Act not to be in derogation of other
legal provisions and rights. |
Provided that no
person shall be punished for the same offence both under the provisions of this
Act and under any other Act or law. |
41. Any person who wilfully commits an offence against
this Act or any rules made thereunder for which no special penalty is provided
by this Act or any rule made thereunder, shall be liable on summary conviction
in the case of a first conviction for such offence to a fine not exceeding one
hundred dollars or to imprisonment for a term not exceeding one month and in
the case of a second or subsequent conviction for such offence to a fine not
exceeding five hundred dollars or to imprisonment for a term not exceeding six
months. | General penalty. |
42. (1) The Minister may from time to time by Order- | Power to Minister to vary interpretation of infectious
disease, etc. |
(a) vary the
list of diseases included in the definition of infectious diseases in this Act
by striking out any disease therefrom or adding any disease thereto; |
(b) declare
that the expression "infectious disease" in any section of this Act
shall not apply to any disease named in the Order. |
(2)
It shall be lawful for the Minister- |
(a) to order
any cargo, or portion of a cargo, which the Minister may consider to be in
putrescent state, or which might in his opinion, be likely to promote the
spread of disease, to be destroyed and also, if deemed necessary, to order the
unloading of the cargo of any vessel, and to order, direct and regulate the
manner in which the place where any such cargo as last aforesaid shall be
landed and stored; |
(b) during the
existence in The Bahamas of any formidable epidemic, endemic, infectious or
contagious disease to make such provision for the dispensing of medicines, and
for affording to poor and indigent persons afflicted by or threatened with such
epidemic, endemic, infectious or contagious disease, such medical and other
necessary aid as may be required. |
43. Any expenses incurred in carrying out the
provisions of this Act other than the provisions for the carrying out of which
any money shall have been granted by the annual Appropriation Act shall be
payable out of the Consolidated Fund by warrant in the usual manner. | Expenses. |
44. (1) All immovable property which immediately prior
to the seventh day of January 1964 was vested in the
Health Board under the provisions of section 5 of the Medical Department Act, 1931
is hereby vested with effect from such date in the Treasurer to be held by him
in trust for Her Majesty in right of Her Government of the Bahama Islands for
the purposes of this Act. | Property vested in Treasurer. |
(2) All movable
property which immediately prior to the said date was vested in the said Health
Board or any member of the Medical Department for and on behalf of the Governor
is hereby vested in the Minister for the purposes of this Act. |
45. Nothing in this Act contained shall affect any
contract that was valid and subsisting immediately prior to the seventh day of
January 1964 and which had been entered into by the Health Board or any local
Health Board (abolished by the Health Services Amendment
Act, 1963, on the said date) and any such contract shall be deemed to be a
contract entered into by the Minister on behalf of the Government of The Bahamas. | Contracts. |
46. All persons who immediately prior to the seventh
day of January 1964 were in the service of the Medical
Department of the Colony or the Health Board which was abolished on the said
date shall for the purposes of any other enactment be deemed to be in the
service of the Health Department established under the provisions of this Act
and on the same conditions and without any break in service. | Serving officers. |
SCHEDULE (Section 28(1)) |
Baker. |
Barber, or any similar
trade or calling in which the person employed necessarily comes into contact
with other persons. |
Boatmen and stevedores on
any boat carrying passengers or cargo. |
Bootmaker. |
Butcher. |
Cook, or any trade or
calling in which the person employed handles or comes in contact with articles
of food or drink, drugs, medicines or tobacco in any form. |
Dairyman, or any
situation or calling in which the person employed comes in contact with cows or
other animals kept for the purpose of furnishing milk. |
Domestic servant. |
Fishmonger. |
Licensed hackney carriage
driver. |
Makers for sale of
baskets, mats, hats and other straw goods. |
Nurse. |
Tailor, dressmaker or any
trade or calling in which the person employed manufactures, handles or comes in
contact with wearing apparel. |
Washer. |