CHAPTER
239
VENEREAL DISEASES |
ARRANGEMENT OF
SECTIONS |
SECTION |
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Persons permitted to treat venereal disease. |
Restrictions on advertisements, etc. |
Duty of person suffering from venereal disease to
place himself under treatment. |
Duty of medical practitioner to require patient
to continue treatment. |
Power of C.M.O. to require person suspected of
suffering from venereal disease to place himself under treatment. |
Information and warning to be given to patient by
medical practitioner. |
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Attendance of person suffering from venereal
disease. |
Penalty for infecting other persons. |
Wrongful communication of information. |
Proceedings to be held in camera. |
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Action against medical practitioner. |
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Power to restrict sale of specified medicines. |
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SCHEDULE - Forms. |
CHAPTER 239 |
VENEREAL DISEASES |
An Act
relating to venereal disease. | 21 of 1945
3 of 1946
G.N 7(10)/1964
E.L.A.O., 1974
5 of 1987 |
[Commencement 12th
July, 1945] |
1. This Act may be cited as the Venereal Diseases Act. | Short title. |
2. In this Act, unless the context otherwise requires- | Interpretation. |
"child"
means a person under fourteen years of age; |
"hospital"
means the Princess Margaret Hospital; |
"medical
officer" means a medical officer on the public establishment of The
Bahamas; |
"medical
practitioner" means a person registered under the
Medical Act. |
"Minister"
means the Minister responsible for Medical, Nursing and Health Services; |
"pharmacist"
means a person licensed under the Pharmacy Act and includes
chemist and apothecary; |
"prescribed"
means prescribed by this Act or by rules made thereunder; |
"prescribed
form" means a form substantially similar to the appropriate form set out
in the
Schedule to this Act or any variation thereof that may be prescribed; |
"venereal
disease" includes gonorrhoea, gonorrhoeal opthalmia, syphilis, soft
chancre, venereal warts, venereal granuloma and lymphogranuloma inguinale. |
3. No person other than a medical officer or a medical
practitioner or a person acting under the direction or instructions of a
medical officer or medical practitioner shall attend upon, treat or supply any
drug or medicine designed to alleviate or cure venereal disease to any person
suffering from or suspected to be suffering from venereal disease, or prescribe
any remedy therefor or give any advice in connection with the treatment
thereof, whether the advice is given to the person so suffering or suspected to
be suffering from such disease or to any other person on the former's behalf: | Persons permitted to treat venereal disease. |
Provided that this
section shall not apply to any pharmacist who dispenses to the patient of a
medical officer or a medical practitioner the prescription of such medical
officer or medical practitioner if such prescription is dated and bears the
usual signature or initials of such medical officer or medical practitioner. |
4. (1) No person shall by any advertisement or any
public notice or announcement treat or offer to supply any drug or medicine to
any person suffering or suspected to be suffering from venereal disease or
prescribe or offer to prescribe any remedy therefor or give or offer to give
any advice in connection with the treatment thereof. | Restrictions on advertisements, etc. |
(2) No person
shall dispose of or attempt to dispose of to any other person by sale, gift or
in any manner whatsoever, any medicines or medicaments for the prevention, cure
or relief of any venereal disease: |
Provided that
nothing in this section shall apply to any offer or recommendation made or
published by or with the sanction of the Minister or to any publication sent
only to medical practitioners or to wholesale or retail pharmacists for the
purposes of their business. |
5. (1) Every person suffering from venereal disease or
suspecting that he is suffering shall on becoming aware of or suspecting his
condition immediately consult a medical practitioner thereon, furnish his
correct name and address to such medical practitioner and, if on examination he
be found to be suffering from any such disease, place himself under treatment
by such medical practitioner or shall attend at the hospital, furnish his
correct name and address and if on examination he be found so to be suffering,
place himself under treatment by a medical officer thereat, until he shall be certified
in writing by such medical practitioner or such medical
officer to be cured of such venereal disease, or to be no longer liable to
convey infection, as the case may be. | Duty of person suffering from venereal disease to
place himself under treatment. |
(2) If any such
person desires to change his medical practitioner or if the medical
practitioner attending such person dies or for any reason is unable or
unwilling to attend him further, such person shall forthwith consult and place
himself under treatment by another medical practitioner and inform the latter of
the name of his last previous medical practitioner or shall forthwith attend at
the hospital and place himself under treatment thereat and inform the medical
officer of the name of his last medical practitioner. |
(3) Such medical
practitioner or medical officer consulted by any such person shall forthwith
send to the medical practitioner or medical officer last treating such person a
notice in the prescribed Form A. of the change made by the patient. |
6. Whenever a person suffering from venereal disease is
under treatment by a medical officer or a medical practitioner and fails to
obey his instructions then and in every such case such medical officer or
medical practitioner shall forthwith notify in writing the Chief Medical
Officer of such failure to obey his instructions. | Duty of medical practitioner to require patient to
continue treatment. |
7. (1) Whenever the Chief Medical Officer is aware or
has reasonable cause to suspect and believe and does suspect and believe that
any person is suffering from a venereal disease he shall, unless he is satisfied
that such person is under treatment therefor by a medical practitioner or
medical officer, forthwith serve or cause to be served on such person
personally a notice in writing in the prescribed Form B. addressed to such
person marked "confidential" and directing such person within three
days from the date of the service upon him of such notice to attend at the
hospital to undergo medical examination for the purpose of ascertaining whether
or not such person is so suffering and, if so suffering, to receive medical
treatment. | Power of C.M.O. to require person suspected of
suffering from venereal disease to place himself under treatment. |
(2) If any such
person shall fail, neglect or refuse to comply with the directions aforesaid a
magistrate, on application to him by the Chief Medical Officer or by some
person appointed by him for the purpose, may by order in writing addressed to a
peace officer direct such person so failing, neglecting or refusing as
aforesaid to be taken to the hospital for treatment or for examination by a
medical officer and shall also in the said order direct such person to submit
himself to such treatment or examination. |
(3) Whenever in
the opinion of a medical officer, after examination by him, any such person is
suffering from a venereal disease, the medical officer shall issue a
certificate in writing in the prescribed Form C. addressed to such
person setting out his findings on such examination and such person shall be
deemed to be a person suffering from a venereal disease and aware of his
condition within the meaning of this Act. |
8. (1) Every medical practitioner or medical officer
who attends, treats or advises any patient for or in respect of any venereal
disease from which the patient is suffering shall (except in the case of a
child)- | Information and warning to be given to patient by
medical practitioner. |
(a) by written
notice in the prescribed Form D. delivered to the patient- |
(i) direct
such patient's attention to the infectious character of the disease and to the
legal consequences of infecting others; |
(ii) warn
the patient against contracting any marriage until certified as cured of such venereal disease or to be no longer
liable to convey infection, as the case may be; |
(b) give such
patient such printed information relating to the disease and the duties of
patients as he may consider necessary. |
(2) In the case of
a child suffering from any venereal disease every medical practitioner or
medical officer who attends, treats or gives advice with respect to the child
shall give to the parent or guardian or other person in charge of such child
such directions and printed information as are prescribed. |
(3) Every patient,
parent or guardian to whom a written notice or printed information is delivered
under this section, shall give to the medical practitioner or medical officer
delivering the same a receipt therefor. |
9. (1) Subject to the provisions of this Act when any
patient as aforesaid becomes cured of or free from venereal disease or has
ceased to be liable to convey infection, any medical practitioner or medical
officer shall on being satisfied of the fact give such patient at his request a
certificate in the prescribed Form E. that to the best of his knowledge and
belief such patient is cured or is free from venereal disease or is no longer
liable to convey infection, as the case may be. | Certificate of cure. |
(2) Any medical
practitioner or medical officer who gives to any person such a certificate
knowing the same to be false in any material particular shall be liable on
summary conviction to a fine of four hundred dollars. |
10. (1) Whenever any person is sentenced to undergo and
is undergoing a term of imprisonment for any offence such person shall submit
himself to medical examination and be forthwith examined by the medical officer
appointed to the medical charge of the prison immediately on his admission to
the prison with a view to ascertaining whether or not such person is suffering
from a venereal disease. | Treatment of prisoners. |
For the purposes
of this section "prison" shall include the Industrial School and such
other place or places as may from time to time be appointed as places for the
detention of juvenile offenders, male or female, and "prisoner" shall
include juvenile offender. |
(2) (a) Whenever
such medical officer shall find, after medical examination as aforesaid, that
any such prisoner is suffering from a venereal disease, he shall cause such
prisoner to be medically treated for such venereal disease until such prisoner
during the term of his imprisonment becomes cured or no longer liable
to convey infection of the said disease, or until he is discharged in due course
of law. |
(b) On the
discharge of any such prisoner as aforesaid such medical officer shall certify
in writing to the Superintendent of Prisons or person in charge of such prison,
the Chief Medical Officer and to the prisoner, the fact that such prisoner is
either cured of such venereal disease or is no longer liable to
convey infection thereof, or is still suffering from a venereal disease in a
communicable form, as the case may be. |
(3) If such
medical officer shall certify that such prisoner, on being discharged from
prison, is still suffering from a venereal disease in a communicable form, such
prisoner shall be deemed to be a person suffering from a venereal disease and
aware of his condition under the provisions of section 5 of this Act. |
11. Every person required by this Act to attend upon a
medical officer or medical practitioner shall so attend at such place and at
such time as a medical officer or medical practitioner shall direct and shall
submit to examination or treatment, as the case may be. | Attendance of person suffering from venereal disease. |
12. (1) No person shall knowingly infect any other
person with a venereal disease or knowingly do or permit or suffer any act
likely to lead to the infection of any other person with such a disease. | Penalty for infecting other persons. |
(2) Any person
guilty of a contravention of this section shall be liable on summary conviction
to a fine of four hundred dollars or to imprisonment for
twelve months or to both such fine and such imprisonment. |
13. Every person who acts or assists in the
administration of this Act and every person present in any court when any
proceedings taken under this Act or an appeal therefrom are being heard, shall
preserve secrecy with regard to all matters and things which come to his knowledge
while so acting or assisting or present and shall not communicate any such
matter or thing to any person except in the performance of his duties under
this Act or in pursuance of any legal or official duty. | Wrongful communication of information. |
14. All proceedings under this Act or on appeal from
any judgment or order given under this Act shall be held in camera. | Proceedings to be held in camera. |
15. If any person found by a medical officer or a
medical practitioner to be suffering from a venereal disease gives him
information as to a contact, such information shall be deemed for the purposes
of the law relating to defamation to have been communicated in pursuance of a
statutory duty. | Savings. |
16. No action shall lie against a medical officer or
medical practitioner or any person appointed by the Chief Medical Officer for
the purposes of this Act for anything done by him or them in good faith in
pursuance of the powers conferred by this Act. | Action against medical practitioner. |
17. Any person who shall fail, neglect or refuse to
comply with the provisions of this Act for which no specific penalty is
provided shall be liable on summary conviction to a
fine of two hundred dollars or to imprisonment for twelve months. | Penalty. |
18. (1) The Minister may by Order declare that any
drug or medicine specified in such Order shall not be sold or supplied to any
person except on the prescription of a medical practitioner. | Power to restrict sale of specified medicines. |
(2) Every Order
made under this section shall be published in the Gazette and shall upon
publication have the force of law. |
19. The Minister may make rules with respect to- | Rules. |
(a) the forms
required under this Act; |
(b) the fees
payable to medical practitioners for services under this Act; |
(c) any other
matter or thing whether similar or not to those above mentioned in respect of
which it may be expedient to make rules for the purpose of carrying this Act
into execution. |
20. This Act shall apply to New Providence and to any
Out Island, town or settlement to which the Act or any of its provisions may be
extended by Order of the Minister. | Application.. |
SCHEDULE (Section 5) |
FORM A |
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CONFIDENTIAL
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THE VENEREAL
DISEASES ACT
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To:
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This is to notify
you that
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(name of patient)
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whom you were lately
treating for
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(nature of
disease)
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has requested me, in
your stead, to treat him and that I am now treating him for the said venereal
disease.
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Dated at
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Bahamas, this......................
day of........................, 19 ......
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..........................................................
Medical Practitioner or Medical Officer
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FORM B (Section 7) |
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CONFIDENTIAL
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THE VENEREAL
DISEASES ACT
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To:
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Whereas I am aware (or
have reasonable cause to suspect and believe and do suspect and believe) that
you are suffering from a venereal disease and that you are not under
treatment for the said disease by a medical practitioner or medical officer.
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Take notice that you
are hereby required within THREE DAYS from the date of the service of this
notice on you to attend at the Princess Margaret Hospital for medical
examination (for the purpose of ascertaining whether or not you are so
suffering) and (if found to be so suffering) for medical treatment therefor.
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Dated at Nassau,
Bahamas, this ............................ day of
................................ 19 ......
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....................................
Chief Medical Officer
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FORM C (Section 7) |
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CONFIDENTIAL
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THE VENEREAL
DISEASES ACT
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To:
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...............................
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...............................
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...............................
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This is to certify that
on the ............................ day of ............................. 19
...... you were medically examined at
........................................ by me and that my findings on such
examination were as follows:
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......................................
Medical Officer
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NOTE: Your attention
is drawn to the Venereal Diseases Act section 5(1) which is as follows:
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"5(1) Every person
suffering from venereal disease or suspecting that he is suffering shall on
becoming aware of or suspecting his condition immediately consult a medical
practitioner thereon, furnish his correct name and address to such medical
practitioner and if on examination he be found to be suffering from any such
disease, place himself under treatment by such medical practitioner or shall
attend at the hospital, furnish his correct name and address, and if on
examination he be found to be so suffering, place himself under treatment
thereat by a medical officer, until he shall be certified in writing by such
medical practitioner or such medical officer to be cured of such venereal
disease, or to be no longer liable to convey infection, as the case
may be."
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FORM D (Section 8) |
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THE VENEREAL DISEASES ACT
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To:
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Whereas
you have been found to be suffering form a venereal disease, to wit
....................
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You
are hereby notified that the disease is highly infectious and that should you
infect another or others with the said disease you may be liable on summary
conviction to a fine of four hundred dollars ($400) or to imprisonment for
any term not exceeding twelve (12) months or to both such fine and such
imprisonment:
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You
are hereby warned not to have sexual intercourse nor to contract a marriage
with any person until you have been granted a certificate of cure in
accordance with section 9 of the above Act:
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Enclosed
herewith is the following printed information relating to the venereal
disease from which you are suffering and to the duties of patients so
suffering as aforesaid.
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Dated
at Nassau, Bahamas, this .................... day of
............................... 19 ......
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..............................................................
Medical Practitioner or Medical Officer
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Received from
...........................................................................
the following printed information relating to the venereal disease known as
..........................................................
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Dated the
............................ day of ..........................................
19 ........
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FORM E (Section 9) |
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THE VENEREAL DISEASES ACT
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To:
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.................................
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.................................
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.................................
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This
is to certify that I have medically examined the above named
............................... and am satisfied that:
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(a) he
is cured of the attack of .......................................... the
venereal disease from which he has recently been suffering; or
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(b) he is no longer liable to convey infection from ....................................... the venereal disease from which he has recently been suffering; or
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(c) he is free from venereal disease.
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Dated
at Nassau, Bahamas, this .......................... day of
................................ 19......
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.................................................................
Medical Practitioner or Medical Officer
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