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Act No. 3 of 1860
VACCINATION |
An Act to
promote general vaccination. | 3 of 1860
3 of 1874
10 of 1882
36 of 1926
12 of 1934
66 of 1959
G.N. 7 (7)/1964
E.L.A.O. 1974 |
[Commencement 12th
April, 1860] |
1. This Act
may be cited as the Vaccination Act. | Short title. |
2. In this
Act, unless the context otherwise requires- | Interpretation. |
"medical
practitioner" means a medical practitioner, registered under the Medical
Act; |
"Minister"
means the Minister responsible for Medical, Nursing
and Health Services; |
"parent"
includes the father or mother of a legitimate
child and the mother of an illegitimate child. |
3. It shall
be lawful for the Minister to appoint persons to act as vaccinators for the
various districts, parishes or towns within The Bahamas, or for any subdivision
of any such district, parish or town as the Minister may think fit to make, for
the purposes of this Act, whose duty it shall be from time to time, under and
subject to the provisions of this Act, to vaccinate such of the indigent poor
as may require their services for that purpose. | Minister may appoint
vaccinators. |
4. It shall
be the duty of each public vaccinator semi-annually to take the most effectual
means for giving to all persons resident within his district due notice of the
place and of the day and hours at which such vaccinator will attend to
vaccinate such poor persons, not having been already successfully vaccinated, as
may then appear there for that purpose, and also of the day and hour at which
such vaccinator will attend at such place to inspect the results of such
vaccination. | Vaccinators to give notice
within their district. |
5. In case
of any infant of tender age vaccinated under the provisions of this Act, it
shall be the duty of the person who shall have brought such infant to be
vaccinated to cause such infant on the eighth day following the day on which
the infant shall have been so vaccinated to be again brought before the
vaccinator by whom the operation was performed, or any other vacinator lawfully
acting for him; and in case of any person of years of discretion being
vaccinated as aforesaid, it shall be his duty on the eighth day as aforesaid to
come before the said vaccinator, or other person lawfully acting as aforesaid, in
order that he may ascertain by inspection the result of the operation; and any
person omitting or neglecting to comply with the requirements in this section
contained shall, unless a good and sufficient reason for such neglect be shown,
forfeit and pay a fine of forty cents. | Vaccinators to inspect the
result of vaccination. |
6. It shall
be the duty of each vaccinator and medical practitioner, immediately after the
vaccination of any person under the authority of this Act, to enter
upon the register sheet, to be furnished him for that, purpose as hereinafter
provided, the particulars required to be registered, according to the form in
the
Schedule to this Act, and after inspection on the eighth day as aforesaid when
the vaccinator so inspecting, if a duly qualified medical practitioner, by his
own signature in the proper column certify the result thereof, whether
successful or unsuccessful; but if such vaccinator shall not be a duly
qualified medical practitioner, it shall be his duty, when any vaccination
shall be unsucessful, to certify the same in the proper column, by his own
signature; but if successful, then to obtain the signature of some justice of
the peace, together with his own, certifying thereto. | Vaccinators to keep
register. |
7. Every
practitioner and medical practitioner shall, as soon as practicable after the
last day of June and December in every year, deliver or transmit by some safe
conveyance to the office of the Health Department and Registry of Records at
Nassau every such sheet upon which entries
shall have been made as aforesaid under the authority of this Act during the
half year ending on the said last day of the said months respectively. | Register to be transmitted
to the Health Department. |
8. For each
vaccination so performed, registered and certified as aforesaid, the vaccinator
performing the same, if a
duly qualified medical practitioner, shall be entitled to receive a fee of
eighty cents, and if not a duly' qualified medical practitioner, he shall be
entitled to receive a fee of forty cents, to be paid to such vaccinator out of
the Treasury, by warrant of the Minister for Finance on the certificate of the
Minister that such vaccinator's half yearly returns have been received, and
that the same in all respects conform to the provisions of this Act. | Fees of vaccinators. |
9. It shall
not be lawful for anyone, either during the prevalence of an epidemic of
smallpox or at any other time, to inoculate any person with
variolous matter, under any pretence whatsoever, and any person so offending
shall be liable to a penalty of twenty dollars. | Inoculation declared
unlawful. |
10. It
shall be lawful for the Minister to take the necessary steps for procuring, from
time to time, as may be required, a supply of genuine vaccine virus, and from
time to time to issue the same to the persons duly authorised as aforesaid to
perform vaccinations under this Act, and the necessary expenses connected
therewith shall be defrayed out of the Treasury by warrant in the usual manner. | Minister to procure vaccine
virus. |
11. It
shall be the duty of the Minister to prepare and have printed a set of
instructions for the information and guidance of magistrates, or other non-professional
persons, who may be appointed public vaccinators, a copy of which instructions
shall be forwarded by the Minister to each such person, and it shall be the
duty of every such non-professional vaccinator carefully to conform to the
principles and practice therein contained. | Minister to prepare
instructions for vaccinators. |
12. Every
registrar of births shall, on or within seven days after the registration by
him of the birth of any child not already vaccinated, give a notice, in
writing, to the parent, or, in the event of the death, illness, absence or
inability of the parent, to the person having the custody of such child, if
known to him, requiring such child to be duly vaccinated according to the
provisions of this Act, and such registrar shall in the first week in January, April,
July and October in every year, send a notice to the public vaccinator of his
district of the several births which shall have taken place in such district
during the preceding three months, and it shall be the duty of every such
vaccinator half yearly, to visit and remain a sufficient time in every part of
his district in which births may have been reported to him to have taken place,
in order to vaccinate and test the vaccination of all such children as may be
there brought to him to be vaccinated. | Duty imposed on registrar
of births. |
13. The
parent of every child born in The Bahamas shall within six months after the
birth of such child, or when by reason of the death, illness, absence or
inability of the parent, or other cause, any other person shall have the
custody of such child, such person shall, within six months
after receiving the custody of such child, take it or cause it to be taken to
the public vaccinator of the vaccination district in which it shall be then
resident, according to the provisions of any Act, to be vaccinated, or shall
within such period as aforesaid cause it to be vaccinated by some medical
practitioner, and the public vaccinator to whom such child shall be so brought
is hereby required, with all reasonable despatch, subject to the conditions hereinafter
mentioned, to vaccinate such child: | Children to be vaccinated
within six months after birth. |
Provided that, if
the public vaccinator shall not be residing at the particular part of the
district in which the parent or other person having charge of the child is
living, it shall, in such case, be held to be a sufficient compliance with the
terms of this Act to take, or cause the child to be taken, to the public
vaccinator on his visting the neighbourhood of the place in which such child
shall for the time being be resident. |
14. Upon
the same day in the following week, when the operation shall have been
performed by the public vaccinator, such parent or other person, as the case
may be, shall again take the child, or cause it to be taken to him, that
he may inspect it and ascertain the result of the operation, and, if he see fit,
take from such child lymph for the performance of other vaccinations; and in
the event of the vaccination being unsuccessful such parent or other person shall,
if the vaccinator so direct, cause the child to be forthwith again vaccinated
and inspected as on the previous occasion. | Public vaccinator to
ascertain the result of vaccinations. |
15. If any
public vaccinator or medical practitioner shall be of opinion that the child is
not in a fit and proper state to be successfully vaccinated, he shall forthwith
deliver to the parent, or other person having the custody of such child, a
certificate under his hand to the effect that the child is then in a state
unfit for successful vaccination, which certificate shall remain in force for
two months, and shall be renewable for successive periods for two months until
a public vaccinator or medical practitioner shall deem the child to be in a fit
state for successful vaccination, when the child shall with all reasonable
despatch be vaccinated, and a certificate of successful vaccination duly given
if warranted by the result. | Certificates to be given
when children are unfit for successful vaccination. |
16. At or
before the end of each successive period for two months, the parent or such
person as aforesaid shall take or cause the child to be taken to some public
vaccinator or medical practitioner, who shall then examine the child and give a
certificate to the effect aforesaid so long as he deems requisite under the
circumstances of the case. | Certificate to extend two
months. |
17. If any
such public vaccinator or medical practitioner shall find that a child whom he
has three timesunsuccessfully vaccinated is insusceptible of
successful vaccination, or that a child brought to him for vaccination has
already had the smallpox, he shall deliver to the parent or other person as
aforesaid a certificate under his hand to that effect, and the parent or such
person as aforesaid shall thenceforth not be required to cause the child to be
vaccinated. | Certificate of exemption. |
18. Every
parent or person having the custody of a child who shall neglect to take such
child or cause it to be taken to be vaccinated, or after vaccination to be
inspected, according to the provisions of this Act, and shall not render a reasonable excuse for his neglect, shall
be guilty of an offence, and be liable to be proceeded against summarily, and
upon conviction to pay a penalty of four dollars. | Penalty for neglecting
vaccination or inspection. |
19. If any
registrar of births, or vaccinator, or peace officer shall give information in
writing to a justice of the peace that he has reason to believe that any child
under fourteen years of age, being within the parish or district
for which the informant acts, has not been successfully vaccinated, and that he
has given notice to the parent or person having the custody of such child to
procure its being vaccinated, and that this notice has been disregarded, the
justice may summon such parent or person to appear with the child before him at
a certain time and place, and upon the appearance, if the justice shall find, after
such examination as he shall deem necessary, that the child has not been
vaccinated, nor has already had the smallpox, he may, if he sees fit, make an
order under his hand and seal directing such child to be vaccinated within a
certain time, and if at the expiration of such time the child shall not have
been so vaccinated or shall not be shown to be then unfit to be vaccinated, or
to be insusceptible of vaccination, the person upon whom such order shall have
been made shall be proceeded against summarily and unless he can show some
reasonable ground for his omission to carry the order into effect, shall be
liable to a penalty of four dollars: | Penalty for not having a
child vaccinated after notice and order of justice. |
Provided
that, if the justice shall be of opinion that the person is improperly brought
before him, and shall refuse to make any order for the vaccination of the child,
he may order the informant to pay to such person such sum of money as he shall
consider to be a fair compensation for his expenses and loss of time in
attending before the justice. |
20. In any
prosecution for neglect to procure the vaccination of a child, it shall not be
necessary in support thereof to prove that the defendant had received
notice from the registrar or any other officer of the requirements of the law
in this respect, but if the defendant produce any such certificate as
hereinbefore described or the register of vaccinations kept by the registrar as
hereinbefore provided, in which the certificate of successful vaccination of
such child shall be duly entered, the same shall be a sufficient defence for
him except in regard to a certificate of a child not being at the time of its
being granted in a fit state for vaccination when the time specified therein
for the postponement of the vaccination shall have expired before the time when
the information shall have been laid. | What proof unnecessary in
support of prosecution. What defence sufficient. |
21. All
penalties imposed by this Act shall be recovered summarily, and shall be paid
into the Treasury in aid of the general revenue. | Penalties recovered. |
22. A
sufficient number of forms for the registry of vaccinations according to the
form in the Schedule to this Act shall from time to time be procured at the
public expense and furnished to such vaccinators from the office of the
Minister. | Forms to be printed. |
SCHEDULE (Section 6) |
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BAHAMA ISLANDS.
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LIST OF PERSONS VACCINATED IN THE
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DISTRICT OF
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ISLAND, DURING THE SIX MONTHS
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ENDING JUNE 30, 1860.
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NO.
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WHEN
VACCINATED.
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NAME,
IF ANY.
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AGE.
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SEX.
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NAME OF PARENT OR
GUARDIAN.
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WHEN INSPECTED.
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RESULTS.
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SIGNATURE
OF WITNESS.
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REMARKS.
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SUCCESSFUL.
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UNSUC-
CESSFUL.
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1
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April 2, 1860
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John Jones
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6 mos.
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Male
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Wm. Jones
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April 9, 1860
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AB
Vaccr.
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C. D., J.P.
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2
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April 2, "
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Sarah Black
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8 "
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Fem.
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Rich. Black
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April 9, "
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A. B.
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R [i]*
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April 9, "
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Sarah Black
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8 "
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Rich. Black
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April 16, "
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A. B.
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Vaccinator
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C. D., J.P.
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3
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April 10, "
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Jane Sims
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1 year
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Wm. Sears
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April 13, "
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E. F., M. D.
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I hereby certify
that the above persons, enumerated in the column headed "Successful",
numbering ....... have been successfully vaccinated by me.
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A. B.
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............................................................
Public Vaccinator
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July 4th, 1860.
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[i]Cases unsuccessful in the first instance, when re-vaccinated,
to be designated, with a capital R, in the first column.
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