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PUBLIC HEALTH BILL 2017

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H.B. 7, 2017.]


 


 

 

PUBLIC HEALTH BILL, 2017

 

 

MORA.NDUM

 

This Bill seek,;; to replace, update and align to the Constitution the law relating to Public Health. The present Public Health Act was passed in 1924 and needs updating to meet the current health challenges and needs of the population.   The Bill seeks to introduce the following new featm·es among others:

 

        Introduction oL\Imual  National HealthFormns to be convened by the Public

Health Advisory Board to discuss pertinent public health matters.

 

        Provincial and DistJict Health administJ·ation.

 

        Rights and duties iu Public Health to align with section 76 of the Constitution.

 

        Emergency treatment.

 

        Updated the lists of Notifiable disease to include en1erging conditions such as Viral haemorrhagic fevers and Yellmv Fever.

 

        Prevention  and control of Non Communicable Diseases.

 

        Compulsory immtmisation of children and incapacitated persons.

 

        Water safety and sanitation including  waste management.

 

        Intemational Health Regulations (2005).

 

        Establishment   and objects of public health fuuds.

 

        Declaration of a State of Public Health Emergency.

 

        Penalties for non-cmnpli<.mce.

 

The individual clauses of the proposed Bill explain in greater detail the reasoning beltind tltis Bill.

 

Part I contains provisions of short title and  interpretations

 

Clause 1 provides for the title and date comn1encen1ent of the Bill. Clause 2 contains important tenns,  definitions used throughout the Bill.

 

Part II contains administrative provisions of the public health system. It provides for the  National, Provincial and  District Health Administration

Clause 3 provides for the Ministry responsible for public health and its fm1ctions. Clause 4 provides for the establishment  and functions of the Advisory Board of

Public Health.

 

Clauses 5 and 6 provide for theAtmual National Health Consultative Fmum and its conduct respecti vcly.

Clause 7 provides for the appointment and functions of the Chief Health Officer. Clause 8 provides for the appoinlulent  and fuuction  of National  and assistaut

National Health Oflicers. These are Directors  and Deputy Directors appointed by the

Health Services Bom·d.

 

Clauses 9, 10, 11 and 12 provide for the appoiutJnent of Provincial Health Officers, other officers, members of the provincial health teams and ftmclions of the provincial health tea111s respectively.


 

ii

 

Clause 23 provides for the requirements and procedure for removal of Director

Health Services and environmental health officers.

 

Clause 24 provides for the powers of the Minister where Local authorities fail to

appoint Director Health Services or environmental health officer.

 

Clause 25 provides for combined appointments where one is allowed to hold several positions at the same time.

 

Clause 26 outlines the duties of local authorities.

 

Clause 27 provides for the powers of the Minister in the event of local authorities failing or refusing to perform duties as outlined in the Act.

 

Clause 28 mandates the Minister to develop Public Health Human Resources policies and guidelines.

 

Clause 29 gives the Minister Powers to make regulations relating to Human Resources to ensure among other things that adequate resources are available for education and training of health care personnel.

 

Part III contains issues of Health Services

 

Clause 30 spells out the principles of public health and practice which must guide public health policy and practice.

 

Clause 31 imposes a duty to avoid harm to public health on every person.

 

Clause 32 provides that no health practitioner or establishment may refuse a person emergency treatment and the penalty for such refusal.

 

Clause 33 gives a duty on health practitioners to provide users with full knowledge of services available.

 

Clause 34 gives a requirement that consent must be given by clients or patients.

 

Clause 35 provides for requirements for experiments and research in the Health service.

 

Clauses 36, 37 and 38 provide duty to disseminate information, obligations to

keep records and confidentiality issues.

 

Clause 39 provides for access to health records by health care providers.

 

Clause 40 provides for laying of complaints against health care providers and workers.

 

Clause 41 provides for compulsory immunisation of children and incapacitated persons.


 

Clause 42 imposes a duty on health  care users vvith regards to adherence to rules and provicling accurate information.

 

Clause 43 gives  health  care users  rights  to participate in any decision affecting their personal health  and treatment

 

Clause 44 provides for rights  of health  personneL

 

Pm1IV contains provisions dealing with  infectious diseases

Clauses 45, 46, 47, 48, 49 provide for notification of infectious diseases. Clauses 50 up  to  60 provide for  the prevention and  suppression of Infectious

diseases. Issues include inspection of infected premises, provision of isolation hospitals,

mortuaries, measures to be adopted by local  authorities in case of infectious disease, conveyance of infected persons in  public   conveyance, hovv to  deal  vvith infected dvvelllngs, removal  and burial of bodies of persons who have died of infection.'! disease.

 

Clause 61 provides for regulations regarding infectious diseases.

 

Clause 62 provides for a system of reciprocal notification as to outbreaks affecting both animals and man between  the Ministry and the Veterimuy  Department.

 

Clauses 63 up  to 70 contain special provisions regarding formidable epidemic diseases and conditions of public health importance. The issues include notification of fonnidable epidemic diseases, duties  of local authmities to report  and appointlnent of epidemic cormnittees.

 

Clause 66 gives the Minister powers to deal \Vith fonnidable diseases in the event that a local  authority fails.

 

Part V contains provisions regarding Sexually Transmitted Diseases or Infections

 

Clause 72 provides for the duties of medical practitioners who attend  to patients infected \Vith sexually transmitted diseases or infections.

 

Clause 73 imposes a duty to health  directors of health  and Government medical officers  to report  STis.

 

Clauses 74 to 76 provide for the exmnination of STis. treatment proceedings and contributions and facilities for diagnosis and treatment of ST!s.

 

Part VI contains International  Health Regulations provisions

 

Part Vll contains provisions dealing with  Non Communicable Diseases

 

Clause 83 provides for the measures to be taken  by theifinister control  Non Communicable Diseases.

 

Clause 84 provides that the Minister may declare Non Cormnunicable Diseases and conditions of public  health impmtance.

 

Part VII  contains Water and Food Supplies provisions

 

Clause 85 impose a duty on local  authorities to fumish water supplies.

 

Clause 86  provides for  the approval   by the Minister of any  water  works.  The

1\-'linister may put up a committee to enquire inquire into the expediency of sanctioning any proposed \Vater work or scheme  if any person  objects to such scheme.

 

Clause 88 gives  the  Chief  Health Officer  Powers  to inspect and  examine any source  of water supply.


 

Clause 89 provides that the Minister may make  and impose on local  authorities the duty of enforcing regulations in respect of water supplies.

 

Clause 90  provides for  the  prohibition of  sale  of  tmwholesome, diseased or contaminated articles  of food,

Clause 91 provides for the regulations regarding sale of milk and articles offood, Clause 92 gives theJinisterpowers

orders  include requiring the medical examination and training of any person  handling

food  articles,

 

Part lX contains provisions on Infant and Young Child Nutrition

 

Clauses 94 and 95 provide for the interpretation of terms  and  regulations the

Minister may make regarding infant  and young  child nutrition,

 

Pm1X contains provisions on Slaughter Houses

 

Clauses 96 up to 99 provide for the licensing of slaughter houses.

 

Clause 100 prohibits the sale of meat, which has not been slaughtered in a slaughter house.

 

Clause 101  provides for  the  inspection of  meat  by  any  local authority in coordination with the Ministry of Health  and the Veterinary department and the fees thereof

 

Part X [ contains provision on Sanitation and Housing

 

Clause 102 imposes a duty to every local authority to maintain clean and sanitary conditions at all times.  The  clause  further ensures  that local  authorities should  take all lawful, practical and reasonable measul"es to prevent  erection of dwellings that are injurious and dangerous to health.

 

Clauses 103 to 109  provide for nuisances in liable  to be injurious or dangerous to health,

 

Clause 110 provides to demolition of mrfit dwellings, i,e, those dwellings proved as nwsances.

 

Clause 111 provides for  prohibition in respect of back  to back  dwellings and rooms  without  through  ventilation.

 

Clause 112 provides for the regulations the 1\Jinister may make  and the powers he or she may confer  and duties  imposed to local  authourities in respect  to sanitation and housing.

 

Part XU contains a provision dealing with  Public Health Emergencies

 

Clause 113 provides for the declaration of a state of public health emergency and the regulations the.ifinister

for the Civil Protection Act [Chapter  10,06],

 

Part XIII  Public Health Funds provisions

 

Clause 114 provides for  the  establishment and  objects  of public  health  funds, The Fund(s) shall be for specific  public  health  purposes,

 

Clauses 115 up  to 117 provide for the contributions and use,  composition and administration of the public  health  funds,

 

Part XIV contains general provision


 

PUBLIC HEALTH BILL,  2017

ARRANGEMENT OF SECTIONS PART!

 


 

 

5'ection

 

1.  Short title.

2.  Interpretation.


PRELIMlNl\RY


 

PART II

 

ADMTh'ISTRATIO}J  OF PUBLIC HEALTH  SYSTEM

 

Sub-Part A: National health  system  administration

 

3.  Ministly  responsible for health.

4.  Advisory Board of Public Health.

5.  Annual National Health Consultative Forum.

6.  Conduct of Annoa:l National Health Consultative Forum.

7.  Chief Health Officer.

8.  National health officers and Assistant National health officers.

 

Sub-Part B: Provincial health  system administration

 

9.  Provincial Health Administration.

10. Other officers at provincial level.

11.  Provincial  or Metropolitan  Health Team.

12. F1mctions of Provincial  and Metropolitan Health Team.

 

Sub- Part C: District  Health  system Administration

 

13.  Distlict  Health officer.

14. Functions of District Health officer.

15.  Other officers at district level.

16.  Distlict Health Team.

17. Health Centre committee.

18.  Local Authorities in nrral areas.

19. Local authorities to appoint Director health services.

20.  Duties of Director health.

21.  Gove111111ent medical officers to be Director health services in tural districts.

22.  Local authorities to appoint environmental  health officers.

23.   Removal of Director health services and environmental  health officers.

24.  Local  authorities  failing  to appoint  Director  health  services  or environmental health officer.

25.  Cmnbined appointments.

26.  Duties of local authorities.

27.  Defaulting local authorities.

28.  Public Health Human Resources.

29.  Regulations  Relating to Hmmm Resources.


 

PART III

 

HEALTH  SERVICES

 

Section

30.   The obligation to report on implementation on rights in public health.

3 L   Principles of public health and practice.

32.   Duty to avoid hann  to public health.

33.   Emergency treatlnent

34.   User to have full k:nmvledge of services available.

35.   Consent of user.

36.   Health service for experimental  or research purposes.

37.   Duty to disseminate infonnation.

38.   Obligation to keep records.

39.   Confidentiality.

40.    Access to health records by healthcare provider.

4L    Laying of complaints.

42.   Compulsory immmllsation of children and incapacitated persons.

43.   Duties of users of health services.

44.   Participation in decisions.

45.   Rights of health personneL

 

PART IV

 

It,1-pECTIOUS DISEASES

 

Sub-Part A: Notification  of infectious diseases

 

46.  Notifiable diseases.

47.  Notification of infectious disease.

48.  Notification by medical practitioners.

49.  Local authorities to transmit return of notifications.

50.  Re!,rulations for notification of infectious  disea."::es.

 

Sub-Part B: Prevention and Suppression of Infectious  Diseases

 

51.  Inspection  of infected  premises  and examination  of persons  suspected  to be suffering from infectious disease.

52.  Provision of isolation hospitals, mortuai-ies, disinfecting stations and ambulances by local authorities.

53.  Removal to hospital of infected persons.

54.  Infected persons sent for treatment from other distdcts.

55.  Measures to be adopted by local authority in case of infectious disease.

56.  Power of local authority to make order in relation to disinfection  and personal hygiene.

57.  Exposure of infected persons or things.

58.  Conveyance  of infected persons in public conveyances.

59.  Infected dwe111ngs not to be evacuated or let Mthout  previous disinfection.

60.  Removal of bodies of persons who have died of infectious disease.

6 L  Removal and bmial of bodies of persons who have died of infectious disease.


 

 

Section

 

62.  Regulation.,;; regarding infectious diseases.

 

63.   Reciprocal notification and  consultation behveen  Ivlinistry  and  Veterinary

Department.

 

Sub-Part C: Special Provisions Regarding  Formidable Epidemic  Diseases and

Conditions  ofPublic Health importance

 

64.  Intetpretation of sub-part.

65.  Notification of suspected cases of fonnidable epidemic diseases and conditions of public health impm1ance.

66.  Local  authorities to report  notification of fonnidable epidemic  diseases  and conditions of public health importance  by expeditious means.

67.  Powers  of Minister where local  authority  fails  adequately to deal  with  any formidable  epidemic disease or condition or event of public health concen1.

68.  Re!,rulations regarding formidable  epidemic diseases and conditions or events of public health concem.

69.  Appointment  of epidemic committees.

70.  Advances to local authorities.

7L  Refunds to local authorities.

 

PARTV

 

SEXL'ALLY TRANS.MI1TED DISEASES  OR  INFECTIONS

 

72.  Application of Part V

73.  Duties of medical practitioners.

74. Duties of Director of health services and Govermnent medical officers or health practitioners to report, and powers of district administrator.

75.  Examination by medical practitioners.

76.  Proceedings  to be in camera and reports not to be published.

77.  Contributions  and facilities for diagnosis and treatment of infectious diseases.

 

 

PART VI

 

INTERNATIONAL HEALTH REGULATIONS

 

78.  Publication  of Intemational Health Regulations and amendments thereto.

79.  Power to carry out and apply Intemational Health Regulations.

80.  Re!,>,tdations.

81.  Pmver to apply regulations to any infectious disease.

82.  Jurisdiction.

83.  National Focal Point for lntemational Health Regulations.

 

PART VII

 

NoN Cotv1MUNICABLE DISEASES

 

84.  Prevention  and control of non-comnmnicable diseases

85. -finister importance.


 

PARI' VIII

 


 

 

Section


WATER AND FOOD  SUPPLIES


 

86.  Duty oflocal authority to furnish water supplies.

87.  Water works not to be cormnenced until approved by State.

88.  Local authority to maintain existing water supplies in good order.

89.  Powers to in."::pect \Vater  supplies.

90.  Regulations.

91.  Sale of unwholesome,  diseased or contaminated  articles of food prohibited.

92.  Regulations  regarding sale of milk and articles of food.

93. 11nister's

 

PART IX

 

INFA'f\,1A 'D   y OlJNG CHrLD NUTRJTION

 

94.  Intetpretation in Paat.

95.  Regulations in respect of infant and young child nubltion.

 

PART X

 


 

 

96.  Intetpretation in Part.


SLAUGH1ER HousEs


97.  Licensing  of slaughter-houses by local authorities.

98.  Local authority may refuse licences and appeals against refusals.

99.  Licence required for use of premises as slaughter-house.

100. Cancellation  of licence.

101. Prohibition  against sale of meat which has not been slaughtered in a slaughter­

hom;e.

102. Inspection of meat and fees for inspection.

 

PART XI

 

SANITATION A.NTI HousiNG

 

103. Duties oflocal authorities.

104.  Nuisances prohibited.

105.  Notice to ren1ove nuisance.

 

106. Local authorities failing to deal with nuisances.

107. Penalties in relation to nuisances.

108. Court may order local authority to execute \Vorks ln ce11ain cases.

109. Examination of premises.

110. Persons making cmnplaint of nuisance.

111. Demolition  of unfit dwellings.

112. Prohibitions  in respect  of back-to- back dwellings  and rooms  without  through ventilation.

113. Health care waste management.


 

 

Section

 

114.  Sanitation technologies.

115.  Regulations.

 

PART XII

 

PlJBLIC  HEALTH El\IIERGENOES

 

116. Declaration of a State Of Public Health Emergency.

 

PART XII!

 

PuBLIC llEALIH FL'NDS

 

117. Establishment and objects of public  health  funds.

118.  Contributions to and use of public  health funds.

 

119.  Composition of public  health  funds.

120. Administration of public  health  funds.

 

PART XIV

 

GENERA.L

 

121. Domicile of persons for purposes of this Act.

122. Contracts in respect of dwellings not to be affected.

123.  Savings as to recovery of damages.

124. Protection of State and local  authorities.

125. Accmmtability and Protection of officers.

126. Powers of entry and inspection of premises and penalties for obstruction.

127. Penalties for fraudulent conduct in com1ection with certificates under  this Act.

128. The duty to remedy  breach.

129.  Penalties were not expressly provided.

 

130.  Burden of proof  as to knowledge of infection or risk.

 

131.  Defect in fmm not to invalidate.

132.  Service of notices.

 

133.  Powers of local  authority outside  its district.

134.  Provisions of this Act in relation to other laws.

 

135.  Scope  and application of proclamations and regulations.

136.  Application of Act to State.

 

137.  Regulations.

138.  Savings and Transitional Provisions.

 

139.  Repeal  of Chapter 15:09.

 

FIRST  SCHEDULE: Provisions Applicable to Board. SECOND SCHEDULE: Ancillary Powers of Board.


 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BILL

 

 

 

To provide for public health; to provide for the conditions for improvement of the health and quality of life and the health care for all people in Zimbabwe;  to provide for the rights, duties,  powers and functions of

5                   all  parties in the public  health system,  to provide  for measures  for administration of public health; to repeal the Public Health Act [Chapter

15:09];  and to provide for matters connected therewith.

 

WHEREAS the Constitution  provides as follows:

 

"29 Health services

 

10                          ( 1) The State must take all practical measures to ensure the provision t fbasic. accessible and adequate health  services  throughout Zimbabwe.

(2) The  State  must  take  appropriate,fair and  reasonable measures t1_1   ensure that no person  is refitsed emergency medical treatment at any healrh institution.

( 3) The State must take all preventive measures vvithin the limits ofthe resources

15           available toil,including education and public awareness programmes, against the pread of disease."

 

"44 Duty  to respect fundamental human rights and freedoms

 

The State  and every  person, including juristic  pers!."JflS, and every  institution and agency of the  government at every  level  must  respect, protect, promote  and  ji.t!fil the

20           rights and freedoms set out in this Chapter.''

 

 

H.B. 7, 2017.]

 

Printed  by the Government Printer,  Harare.


 

"76 Right to health care

 

(1)  Every  citizen  and  permanent resident  of Zimhah1+·e has the  right  tf"J have access  to basic  healrh-care services, including reproductive healrh-care  services.

(2)  Every  person  living  with  a chronic illness  has the  right  to have  access to

basic  healthcare services for the illness.                                                                                           5

 

( 3) No person may he refused  emergem.v institution.

(4) 7he  State  must  take  reasonable legislative and other  measures, within  the limits of the resources available to it. to achieve the progressive realisation of the rights setoutinthissection."    10

 

"81 Rights of children

 

( 1) Every child, that is to say every boy and girl under the age ofeighteen years, has the right-

(Jl to education, health  care services, nutrition and shelter;

 

(2)A child '>                                                                                                                           15

 

"82 Rights of the elderly

 

People over the age of seventy  years  have the right-

 

(b} to receive  health  care and medical assistance from the 5'tate;

 

and the State  must  take  reasonable legislative and other  measures, lvithin  the limits  of

the resources available to it, to achieve the progressive realisation of this right.'':                 20

 

NOW, THEREFORE, be it ENACTED  by the  Parliament  and the President  of

Zimbabwe.

 

PARI" I

 

PREU1viiNARY

 

1 Short title and date of commencement                                                          25

 

This Act may be cited as the Public Health Act, 2017.

 

 

2 Interpretation

 

(l) In this Act-

"adult"means a person of  eighteen years of age or over;

"appropriate  Minister··. in relation to a local authority or a body or authority      30 refened to  in  subsection (2),  means   the  Minister responsible for achninistering the Act by or under  which that local  authority,  body or authority was established;

"approved  veterinary  surgeon" tneans a veterinary surgeon approved  by the

Director of Veterinary Services;                                                                                 35

"assistant national health officer" tneans a person appointed to be an assistant national health officer in terms of section 8;

'"Board'"means the Public Health Advisory Board established tmder section4;

'"building"includes any stnKhrre whatsoever for \Vhatever purpose used;

'"burial ''means burialln earth, interment or any other form of sepulchre. or the      40

cremation or any other mode of disposal of a dead body;


 

"carcass'' includes <.my part of a carcass;

"Chief Health Officer" means the person referred to in section 7(1);

''child "means a person less than eighteen years of age;

"communicable disease" means  a disease  that can be transmitted  from  one

5                                  person to another;

"cost"or "expenditw·e ", when used in connection with the re1noval, detention, accommodation, maintenance or treatment of  persons,   means  cost calculated  in  accordance with the tmiff  of charges  approved  by the

:rv:linister and based as nearly as tnay be on average cost or, if there is no

10                                such tariff, means actual cost; "district''. in relation to-

( a)   a municipal council, town  council  or  local  board,  means  the municipal area, town area or local government area, as the case 1nay be;

15                                (b)   a mral district cmmdl, means the council area or, where the Minister has in terms of subsection (2) declared a greater or lesser area to be a disblct  in relation to such rural disblct  council,  such greater or lesser area;

(c)   any other body or authmity  declared to be local authority in tenns

20               of subsection  (2),  tneans the area declared in tenns  of subsection

(2) to be a distJict in relation to such body or authority; "d\velling"tneans any house, romn, shed, hut, cave, tent, vehicle, vessel or boat

or any other structure or place whatsoever, any portion \Vhereof is used

by any human being for sleeping or in which any hmnan being dvvells;

25                      ''environmental health officer''1neans a person registered as an enviromnental health officer <mder any law relating to the registration of environmental health officers;

"food" or "article  of food",  other than dairy produce as defined by the Dairy

Act [Chapter  18:08],  means any animal product, fish, fruit, vegetables,

30             condiments,   confectionery, beverages  and  <.my  other  article  or thing whatsoever, other than   medicines, in any form, state or stage of preparation which is intended or ordinarily used for human consumption;

"guardian"1neans any person having, by reason of the death, illness, absence or inability of the parent or any other cause, the custody of a child;

35                       "health impact assessment"means assessing the health impacts of policies, for the promotion and protection of public health;

'health institution "n1ean.,.;; the whole or part of a public or private establishment, facility  building  or place,  whether for profit or not, that is operated  or designed  to  provide  inpatient or outpatient treatment, diagnostic or

40                                therapeutic interventions, nursing, rehabilitative, palliative, convalescent

preventive or other health service;

''health practitioner''tneans any person in respect of whose profession or calling a register is kept in terms of the Health Professions Act [Chapter 27:19];

''hospital  or place of isolation'' means  any special  hospital or any premises

45                                or portion  thereof  set  apart  and  used  solely  for  the  admission  and accommodation of persons suffering from infectious disease:

"Human Rights Commission"tneans the HmnanRights Connnission established nuder section 242 of the Constitution;


 

"infected", in relation to-

 

(a)   an infectious  disease,  means suffering  from, or in the incubation stage or contaminated  with the infection of that disease;

(b)   a sexually transmitted disease, means any form or stage of infection referred to in paragraph (a),                                                                                                                              5

vvhether the disease vvas transmitted  through sexual intercourse  or not; "infectious  disease" means any cmmnunicable  disease caused by pathogenic

microorganisms,  such as bacteria,  viruses, parasites or fungi that can be

spread, directly or indirectly, from one person to another as specified in section46.        10

'1nternational Health Regu1ations ''means the International Health Regulations adopted by the Fifty eighth World Health Assembly at Geneva on the 15th June, 2007, to which the State is a party and any amendment  thereto to which the State becomes a party;

"isolated" means the segregation,  and the separation from and interdiction  of      15 communication  with others, of persons \Vho are or are suspected of being infected;

"land "includes any right over or ln respect of land;

''local authority"1neans-

 

(a)   a municipal council or tmvn council; or                                                         20

(b)   'my-

(i)   a local board; or

(ii)   a rural district counciL or

(iii)   any other body or authority;

"Director  health  services"  means  any health  officer  appointed  by the local       25

authority to head health services designated in terms of subsection (2) to be a local authority for the purposes of this Act;

"medical observation,.means the segregation  and detention of persons lmder medical supervision;

"medical  officer of health" means any medical officer of health appointed by       30

a local authority;

"medical practitioner ''n1eans a person \'vho is registered as such tmder any law relating to the registration of medical practitioners;

''medical surveillance "means the keeping of a person undennedical supervision.

Persons under such surveillance  may be required by the local authority      35

or any other duly authorised officer to remain within a specified area or to attend for 1nedical examination  at specified places and titnes;

"Minister''means the Niinister responsible for health or any other Minister to vvhom the President may, from time to time, assign the adininistration of tis

"national health officer" means a person appointed to be a national health officer in terms of section 8;

"non-communicable disease ''means a disease which is not contagious or passed from person to person;

"notifiable",  in relation to any disease, 1neans required  to be notified to any      45

person or authority in terms lf thls Act; "occupier",  in relation to any premises, 1neans-


 

 

(a)   any person in actual occupation  of those premises; or

(b)   any person legally entitled to occupy those premises; or

(c)   any person having the charge or management  of those premises;

and includes the agent of any such person when he or she is absent from

5                                  Zimbabw'e or his whereabouts are tmkno\vn. In the case of premises used as a school, the expression "occupier"includes the principal or person in charge of the school;

"owner", in relation to any premises, means-

 

(a)   the person in \'vhose nalne the title to those premises is registered,

10                                         and includes the holder of the stand licence; or

(b)   if such a person or holder is dead, insolvent, mentally disordered or defective or a minor or under any legal disability, the person in whom the adminisbationofthatperson's or holder's estate is vested, vvhether as executor, guardian or in allY other capacity \Vhatsoever: or

15                                (c)   if the pre1nises are tmder lease,  the registTation whereof is in law necessa:ty for the validity of such lease, the lessee;

when an owner as herein defined is absent from Zimbabwe or his or her whereabouts are unknoW11, the expression;

"owner" includes an agent of such owner or any person receiving or entitled

20           to receive rent in respect of the premises;

"premises" mea:t1s a:tly building  or tent, together  with the land on which the same is situated and the adjoining land used in connection therewith, and includes allY vehicle, conveyalice, ship or boat;

"public building"means-

25                                (a)   <.my church, cha.pel, meeting-house or premises used for divine worship; (b)   any theatre, opera-house, hall, exhibition buildings or premises open

to members of the public, whether with or without payment;

(c)   any hotel or boarding-house, or lodging-house in which five pel OilS

or more, exclusive of members of the falnily or the servants of the

30                 owner or occupier, may obtain meals or sleeping accommodation for payment;

(d)   any hospital,  school  or institution,  in which five persons or more are or are intended to be gathered at one tilne;

"public health" means the science  and alt of disease prevention,  prolonging

35                                life  and  promoting health  and  wellbeing through organised efforts and  informed choices  of society,  state  and  non-state organisations, comnnmities  and incli viduals for the sanitation  of the enviromnent,  the control of comn1unicable diseases  and non-commtmicable disea.,;;es, the organisation  of health services  for the early diagnosis,  prevention  and

40                                1nanagement of disease, the education  of individuals  in personal health

and the development  of the social  machinery  to ensure everyone   has living conditions adequate for the tnaintenance or improvement of health;

"public health risk"means-

(a)   an auimal, structure, substance or other thing or conduct that-

45                                           (i)   is, or is likely to become, a breeding ground or source of food for designated pests; or

(ii)   harbours,  or is likely  to become  something  that  harbours, designated pests;


 

or

 

(b)    any substance that is, or is likely to be, hazardous  to human health; or

 

(c)    that  contributes to,  or is likely  to contribute to communicable or non-communicable disease in  hmnans or the  transmission of  an infectious condition to humans;        5

"rateable property'', in  relation to a local  authority, means  property which nnder  any  enactment is liable  to  be assessed by the local  authority for any general  rate leviable by it;

''nrral district'', ln relation to a rural local authority,  means any area outside  an

urbau district  which is under the jwisdiction of that rural local authority,       10

and "rural  area"has a corresponding meaning;

''sanitary convenience "n1eans any-

 

(a)    latrine, urinal, water-closet, aqua-privy, earth-closet, pit-closet, borehole-latrine or chemical-closet; or

(b)    other device  approved by  an enviromnental health  officer;                     15

vvhich is  being,  has  been  or is intended to be  u.-;ed for  the  disposal  of human  waste;

"Secretary"means the Permanent Secretary of the Ministry;

"school'' means  <.my  public  or private establishment for  creches,   nursedes,

early  childhood development centres,  primary or secondary or higher       20 education, and includes a hostel  or boarding-house kept for housing the pupils at any such establishment, and includes a Sunday  school;

''school ''means a pre-school, primary school  or secondary school;

"hostel'', in relation to a school,  means any  building  used  for  the  boarding accommodation of pupils  or students attending such school;                                                                              25

''sexually  transmitted disease "means any infectious and comn1unicable disease that is nonnally transmitted through sexual  intercourse and includes but is not limited  to-

(a)    chancroid;

 

(b)    chlamydia;                                                                                                             30

 

(c)    gonorrhea;

 

(d)    gnmuloma inguiuale;

(e)   syphilis;

(f)   candidiasis:

 

(g)    viral hepatitis;                                                                                                       35

(h)    herpes simplex;

(i)   human immunodeficiency virus;

(j)   hU111ao papillomavincs; (k)    molluscum contagiosmn;

(I)   scabies;                                                                                                                    40

 

(m)    trichomoniasis;

"trade premises ''1neans any premises used or intended to be used for c:.m·ying on any trade or business;

"urban  district", in relation to an urban local  authority,  1neans the area under

the  jurisdiction of that  urban  local  authority, and  "urbao area" has  a      45

corresponding 1neaning;


 

 

"zoonotic  disease" means  any infectious  disease  of anitnals  that can cause disease when transmitted to humans.

 

(2) With the approval of the appropriate Iviiirister, the Minister may by statutory instrument designate a mral district council or local board or any other body or authority

5         to be a local authority for the purposes of this Act, and-

 

(a)     may, in the case of a rural district council, declare a greater or lesser area than the council area to be a district in relation to such rural district council;

(b)    shall, in relation to such other body or authority, specify the area which shall be a district in relation to such body or authority.

 

10                                                                              PART[]

 

AD11IN1STRI\TION OF THE PuBLIC HEALTH  SYSTEM

 

Sub-Part A: Natimwl  health system administration

 

3 Ministry Responsible for public  health

 

(1) The Ministry shall be under the control of the Iviinister,

 

15                     (2) The functions of the Ministry shall, subject to this Act be-

 

(a)     to protect, promote, improve and maintain the health of the population:

and

(b)    to detennine the policies and measures  necessary  to protect,  promote, improve and maintain the health and well-being of the population: and

20                      (c)      to take measures to implement and monitor implementation of Zimbabwe's inten1ational obligations and com1nitments in the field of health; and

(d)    to equitably  prioritise and allocate resources to the health services  that the State can provide; and

(e)     to  enhance collaboration among   state and  non-state actors and

25                               communities;  and

(i)    to inform educate and empower the population about health issues; and

(g)      to take measures for the prevention, limitation or suppression of infectious, communicable  and non-communicable diseases within Zimbabwe;  and

(h)    to advise and assist local authorities in regard to matters affecting public

30             health: and

(i)     to, within the limits of available resources, endeavour to-

(i)  ensure the provision of appropriate essential health services and functions, \vhich rrmst at least include primary health care services, to tbe population;

35                                 (ii)   prevent and guard against the introduction  of disease from outside the Zimbabwean  borders;

(iii)   promote or cany  out researches  and investigations in connection with the prevention or treatment of human diseases;

and

40                      (j)     to provide for a competent public health workforce;  and

(k)    to mobilise and allocate adequate funding and other resources from public and pri vale sources to accomplish the objects of this Act: and

(!)     to prepare and publish rep01ts and statistics or other information relative to the public health; and


 

(m)   to, with other state authorities, enforce laws and regulations that protect public health and safety; and

(n)    to administer the provisions of this Act.

 

 

4  Advisory Board of Public Health

 

(1) The Advisory  Board  of Public  Health,  established by section  4 of the        5

Public Health Act, [Chapter  15:09] shall continue in existence under this Act subject to amendments  tnade under this Act.

 

(2)  The Advisory  Board  of Public  Health  shall  consist  of the following members,  who shall  be appointed  by the Minister and  who shall,  subject  to any regulations  \vhich may be made rmder subsection (11), hold office for three years and                                                                                                    10 who shall be eligible for reappointment  for only one more tenn-

(a)      a chairperson,  who shall  not be a medical  practitioner  and who  shall preside at meetings of the Board;

(b)    a deputy chairperson,  who shall not be a medical practitioner  and who

shall preside at meetings of the Board in the absence of the chairperson;       15

 

(c)      one  member,  who  shall  be a medical  practitioner, to represent the

Zimbabv,re _Medical Association;

 

(d)    one member to represent local authorities;

(e)      one member to represent  bodies who perform  the functions  of medical

aid societies;                                                                                                                     20

(f)     one member, who shall be a medical practitioner, to represent missionary bodies carrying  out activities in the field of public health;

(g)    one member, who shall  be a registered  nurse or mid-\vife, to represent the Zimbabwe  Nurses Association;

(h)    one member, who shall be a dental practitioner, to represent the Dental       25

Association  of Zimbabwe;

(i)     one member, who shall be a registered pharmaceutical chemist, to represent the Pharmaceutical Society of Zimbabwe;

(i)    one  member  to represent  the  Zimbabwe Red  Cross.  the  Saint  John Ambulance  Association,  the Saint John Ambulance  Brigade  and other                                                       30 similar bodies;

(k)    one member to represent trade unions;

(1)    one member  to represent  the women's  voluntary  associations  carrying out activities in the field of public health;

(m)   one member to represent allied health practitioners as ddined in section       35

32 ofthe Health Professions Act [Chapter  27:19];

(n)    one member to represent veterinary public health professionals as ddined in the Veterinary Surgeons Act [Chapter  27:15];

(o)    one member  to represent  environmental  health  practitioners    or other similar personnel working in the field of en\.rironmental health;                                                        40

(p)    one member to represent laboratorv practitioners as defmed in the Health

Professions Act [Chapter  27:19];

(q)    one member to represent traditional health practitioners;

(r)      one member to represent the business community;

(s)      one member to represent people with disability;                                                    45


 

 

(t)    such additional members, not exceeding t\:vo, as the 1.i1inister may appoint to represent  non-state  institutions,  comm1.mity members  and users of public health services;  and

(u)    a legal  practitioner  registered  in terms  of the Legal  Practitioners Act

5                                  [Chapter 27:07J;

(v)    such additional members, not exceeding two, as the :tvtinlster may appoint to represent Goverrnnent :Ministries dealing with matters related to public health:

 

Provided that the nister,

10      there is a bahmce in representation between men and wmnen.

 

(3) The chairperson  and deputy chairperson shall be of opposite genders.

 

(4) Before making an appointment in tenus of subsection (1) the Iviinister may. in his or her discretion. call upon a body which. whether itself or in conjtmction with other bodies, is entitled to be represented in te1ms of that subsection, to nominate such

15      nwnber of persons as the,finister

available for appointment  as members of the Board:

 

Provided that the Iviinister may. where he or she has called for nominations in terms of this subsection in respect of any appointment to the Board and no nominations have beentnade in respect of such appointment  within such period as he or she tnay

20     determine \'vhen calling for such nomina.tions, appoint any person to be a me1nber of the Board \Vhether or not, in his or her opinion, the person so appointed is able to represent the views of the body whose nominations  were called for.

 

(5) On the expiry of the period for which an appointed member has been appointed to the Board. he or she shall continue to hold office until he or she has been

25     re-appointed  or his or her successor has been appointed:

 

Provided that a member shall not continue to bold office in tem1s of this subsection for n10re than six months.

(6) A member may vacate his or her office and his or her office shall become vacant upon his or her-

30                      (a)      death; and

(b)    resignation  bv notice to the Minister; and

(c)    separation from the organisation or constituency he or she represents on the board.

 

(7) Whenever a vacancy arises on the Board. the Ivlinister may appoint a person

35      to fill the vacancy in accordance Mth the provisions of subsection (l):

 

Provided that a person appointed in term.":: of this subsection may be appointed to hold office for such period, being less than three years, as the :rvfinister may detennine.

 

(8) The functions  of the Advisory Board on Public Health shall be to-

(a)      advise the }Ainister on all matters relating to public health in Zimbabwe;

 

40                      (b)    identify priorities for public health;

(c)     review progress on all matters of public health;

(d)     carry out or commission assessments  and research;

 

(e)     review and provide input on laws, regulations  and codes of practice on public health; and

45                      (f)    host the Annual National Health consultative Forum;


 

(9) The  Board  shall  hold  an Annual  National  Health  Consultative Forum bringing together public and private stakeholders to promote and facilitate interaction, communication and the sharing ofinfmmation on national health issues and pe1forrnance of the health system.

(l0) The Board or any committee thereof shall have the power to conduct an        5

inquiry into any matter relating to public health refe1red to the Board by the l'vfinister and, for that purpose, the powers, rights 'md privileges of the Board or its committees shall  be the same  as those  conferred  upon  commissioners  by the Commissions  of Inquiry Act  [Ciwpter   /0:07], other than the power to order a person to be detained

in custody, and sections  9 to 13 and 15 to 19 of that Act shall apply, with necessary      10

changes, in relation to the conducting of such an inquiry and to any person summoned to give evidence, or giving evidence,  before the Board or <.my of its committees and, in addition, the members of the Board and its committees  shall be deemed to be persons authorised  by the fvfinister in tenns of the Act.

(ll) It shall be the duty of the Board, either by itself or by a committee thereof,       15 to make a full, faithful and impartial inquiry into any matter refen·ed to it in terms of subsection ( ll) and the Board shall make recommendations to the Minister in accordance

with the findings of the inquiry.

 

(12) The Miuister may make such regulations as he or she may deem expedient

to give force  and effect to the provisions  of this section  and such regulations  may      20

provide for all or any of the following matters-

(a)     the procedure ofthe Board, the convening of its meetings and the quorum thereof;

(b)    the  establishment of committees of the Board,  their  procedure and functions  and the manner in which persons  \Vith special knowledge  or                                         25 skill may be co-opted to serve on such committees;

(c)    the allmvances payable to members of the Board and of its committees.

 

(13) The Miuister may appoint a person, who may be an officer in the Public

Service, to be legal adviser to the Board.

 

(14) The Board may co-opt  any person to attend its meetings  and a person       30

co-opted shall participate  at the deliberations  of the Board  but shall have no vote.

 

(15)  T11e First Schedule applies to the qualifications of memberof the Board, their terms and conditions of office. vacation of office, suspension  and dismissal, and the procedure to be followed by the Board at its meetings.

(16) The Second Schedule applies to the ancillary powers of the Board.                 35

 

5  Annual National Health Consultative Forum

 

(1)  Pursuant to section 4(9) the Board shall 'mnually, on a date and at a venue to be notified not less than three months beforehand in the Gazette, organise, convene and host an Annual National Health Consultative Forum to discuss any issue or issues

of concen1.                                                                                                                                 40

 

(2)  The notice  of intention  to organise,  convene  and host the Fonun  shall include the following-

(a)     the proposed  venue or venues  and the proposed  date or dates for the

Fonun;   and

(b)    the proposed agenda for the forum;  and                                                                 45

(c)      an invitation  to relevant  stakeholder  organisations and  other  persons interested in public health issues to submit-


 

 

(i)   suggestions for topics  to be included in the agenda  for discussion at the Fonun;  and

(ii)    lists  of proposed particip,mts at  the  Fonun, specifying for  each proposed  participant what credentials he or she possesses has that

5                                            may be of bene1it to the Forum's deliberations.

 

(3)  The Secreta:tiat of the Board shall have the following tenus of reference­ (a)        to draw up a proposed agenda  for the Fonnn;  and

(b)     to  advise the  Board on  the  financial, organisational and  logistical

requirements for convening and hosting  the Fonun;  and

10                     (c)     to solicit  financial  support  or sponsorship frmn  the State, the private  and parastatal sectors  and civil society organisations to enable the forum  to be convened.

 

(4)  After publishing a notice in tetms  of subsection (1) the Secreta:tiat shall­ (a)       draw up a proposed final agenda for the Forum:   and

15                     (b)    select  from  the lists  referred to in subsection (2)(c)(ii) a proposed final list of participants at the Forum;   and

(c)     transmit its proposals made  under  paragrapha (a) and (b) to the Board, whose  decision on these issues  shall  be final.

 

 

6  Conduct of Annual National Health Consultative Forum

 

20                      (l) For  the  purpose of conducting an Annual  National Health  Consultative

Forum the Secreta:tiat of the Board  shall have the following terms  of reference- (a)                to ensure  the smooth and efficient  conduct of the Forum;   and

(b)    to keep minutes of or record  the proceedings of the Forum,  or to cause

the proceedings of the Forum  to be 1ninuted  or recorded.

 

25                      (2) The conclusions of every Annual  National  Health Consultative Forum shall be e1nbodied in written resolutions for presentation to the Board  and the :rv:linister.

 

 

7  Chief  Health Officer

 

(I) The Permanent Secretary in the Ministry responsible for health shall be the

Chief Health Officer.

 

30                     (2) No person shall be eligible for appoinhnent as the Pennanent Secretary for health  unless  he or she-

( a)     is fully  qualified for regish·ation  as a medical practitioner in terms of the

Health Professions Act  [Chapter 27:19];  and

 

(b)    possesses a post graduate qualification in public  health.

 

35                      (3) It shall  be the responsibility of the Chief Health Officer  to- (a)               prepare  strategic plans for the 1Jlnistry annually; and

(b)    ensure  the implementation of the national health  policy  at the national

level; and

 

(c)      liaise  with  health  authorities in  other  countries and  with  international

40                               bodies;  and

 

(d)    issue and promote adherence to norms  and standards on health  matters;

and


 

(e)     promote  adherence  to norms  and standards  for the training  of human resources for health; and

(f)     identify national health goals and priorities and monitor the progress of their implementation; and

(g)   co-ordinate health and rnedical services during public health emergencies; and       5

(h)    participate in inter-sectorial  and inter-ministerial collaboration;  and

(i)     promote health and healthy lifestyles; and

(1)    promote community participation in the planning, provision and evaluation and management of health services.

 

8  National health officers and assistant National health officers                    10

 

(1) There shall  be as many national  health officers as may be determined  by the Health Service Board, after consulting the Minister:

 

Provided that no person may be appointed  as a national health officer unless he or she is a practitioner  registered  by any of the councils established  by the Health Professions Act [Chapter 27:19].               15

 

(2) There  shall  be  as many  assistant national  health  officers  as may  be detennined by the  Health Service Board, after consulting the IVlinister:

 

Provided that no person may be appointed as an assistant national health officer unless he or she is a practitioner  registered by any of the cormcils established  by the Health Professions Act [Chapter 27:19].                                                                                                                                                                      20

 

(3) Every National  health officer and assistant  national health officer of the IVlinistry may, with the authority and on behalf of the Chief Health Officer, discharge any of the duties or functions  of the Chief Health Officer.

 

(4)Any duties imposed or powers conferred by this Act on Govennnentrnedical officers may be canied out or exercised by the Chief Health Officer or any National                                                    25 health officer of the Ministry.

(S)There shall be other National officers of Health such as national pathologists and other officers as may be necessary for the purposes of this Act whose offices shall be public oflices aud form part of the Health Service.

 

Sub-Part B: Provincial health system administration                                     30

 

9  Provincial Health Administration

 

(I) There shall be, for every province,  a Provincial Health Officer appointed by the Health Service Board.

 

(2) No person shall be eligible for appointment  as a Provincial Health Officer mlless he or she-                                                                                                                                                                      35

(a)    is fully qualified for registration  as a medical practitioner in terms of the

Health Professions Act [Chapter  27:19]; and

(b)    possesses a post graduate qualification in public health.

 

(3) 'Ihe Provincial Health Officer functions shall be as follows-

 

(a)    prepare strategic plans in confon11ity  \Vith the national health policy for       40

the province annually; and

(b)    work in collaboration \Vith the Provincial  Council; and

(c)    plan and manage the provincial health information system; and


 

 

(d)    participate in  interprovincial and  inter-sectoral co-ordination and collaboration;  and

(e)    co-ordinate and rnonitor health services during public health ernergencies affecting the province; and

5                        (f)    consult \:vith communities  in the province regarding health rnatters; and (g)    control the quality of health services and facilities in the province; and (h)    promote community participation in the planning, prm.rision and e\.raluation

of health services in the province.

 

1o    Other officers at provincial level

10               The Health Service Board shall appoint the follmving officers for every province who together with the Provincial Health Officer shall constitute the Provincial Health Executive the-

(a)     Provincial  Epidemiology  and Disease Control Officer; and

(b)    Provincial Environmental  Health officer; and

 

15                     (c)      Provincial  Nursing Officer; and

(d)    Provincial Health Services Administrator;  and

(e)     Provincial Accountant; and

(i)    Provincial Family and Child Health Officer; and

(g)    Provincial Pharmacist;  and

20                      (h)    Provincial Nutritionist; and

(i)     Provincial Health Promotion officer; and

(j)     Provincial Laboratory  Scientist; and

any other provincial health officer as may be deemed necessary.

 

 

11 Provincial or Metropolitan Health Team

 

25                      (1) A Team to be known as the Provincial  or Metropolitan  Health Team must be established in every province.

 

(2)The Provincial or Metropolitan  Health Team shall consist of the following persons-

(a)     the Provincial Healtb Officer; and

30         (b)    all members  of the Provincial   Health Executive  appointed  in terms of section 10: and

(c)      the chairperson and in charge ofthe provincial hospital; and

(d)    all district health executives ofthe province; and

 

(e)      a nominee of every teaching hospital or college of medicine operating in

35                                the province; and

(f)    a nominee of every religious body sponsoring  a mission hospital; and

(g)     nominees of civ·il society organisations  operating in the province, as the

Provincial health Off1cer may determine; and

(h)     one representative frorn each local authority in the province; and

40                      (i)     any other persons deemed necessary  by the provincial Health Officer:

whose costs shall be bon1e from the organisation frmn which the officers come from.


 

12     Functions of the Provincial and Metropolitan Health Team

 

(1) The Provincial  or Metropolitan  Health Team must advise the Provincial health officer on-

(a)    policy  concerning any  matter  that  will  protect,  promote, irnprove

and maintain  the good  health  of the population  within  the province,         5

including-

(i)   responsibilities for health within the province  by individuals,  the public and pri\.rate sector;

(ii)   targets, priorities,  norms and standards  with the province relating

to the equitable prm.rision and financing of health services;                      10

(iii)    efficient co-ordination  of health services  \Vithin the province  and neighbouring  prm.rinces;

(iv)   human resources  planning,  production,  management and development;

(v)   development, procurement  and use of health technology within the       15

provmce;

(vi)    equitable fmancial  mechanisms  for the funding  of health services within the province;

(vii)    the design and implementation of programmes within the province to prm.ride for effecti\.re referral of users between health establishments                                             20 or health care providers to enable integration  of public and private health establishments;

(viii)    financial and  other  assistance received by the  province from foreign  governments  and intergovernmental  or nongovernmental organisations:                     25

Provided that all such financial assistance must be received through the l'vfinistry accounting officer;

(ix)   the  conditions applicable to receiving  such  assistance and  the mechanisms which \:vill come frorn the Ministry accounting officer;

(x)   ensuring compliance with these conditions;                                                 30

(xi)    epiderniological  surveillance  and monitoring  of prm.rincial trends with regard to major diseases and risk factors for disease;

(b)     proposed legislation  relating  to health matters  vvhen it is introduced  to

Parlimnent;

(c)     nom1s and standard'for tbe establishment  of health institutions.                      35

 

(2) 'Ihe Provincial Health Officer shall detennine the procedure on meetings, based on guidelines to be given by the Chief Health officer.

 

(3) All members must ensure they attend all meetings whenever they are called unless good cause shown as to why m1y tnetnbers cmnmt attend.

 

Sub Part C: District Health system Administration                                       40

 

13     District health officer

 

(l) There shall be for every district, a District health officer appointed by the

Health Service Board.

 

(2) No person shall be eligible for appointment as a Dishict health officer unless

m  -


 

 

(a)      is fully qualified for registration  as a medical practitioner in tenns of the

Health Professions Act [Chapter 27:19];and

(b)    possesses a post graduate qualification in public health.

 

 

14     Functions of District health officer

 

5                  The district health officer must-

 

(a)     prepare strategic plans in conformity  with the national health policy for the District annually;

(b)    work in collaboration with the  District Health Team;

 

(c)     plan and manage the District health information system(DHIS);

10                     (d)   participate in  inter  District and  inter-sectorial  co-ordination  and collaboration;

(e)      co-ordinate and rnonitor health services during public health ernergencies affecting the District;

(f)     consult \:vith communities  in the District regarding health matters;

15                     (g)    control the quality of health services and facilities in the district;

(h)   promote community participation in the planning, prm.rision and e\.raluation of health services in the District;

 

 

15     Other  officers at district level

The Health Service Board shall appoint the following officers for every District

20       together  with the District  Health  Officer  who shall  constitute  the District  Health

Executive-

 

(a)      Government Medical Officer;

(b)    District Environmental  Health officer; (c)      District Nursing Officer;

25                      (d)    District Health Services Administrator; (e)    District Accountant;

(i)    District Pharmacist;

(g)    District Nutritionist;

(h)    the District Health Promotion Officer;

30         (i)     the District Lab Scientist:

(j)     the Hospital Matron; and

(k)    any other District health officer as deemed necessary.

 

 

16     District Health Team

 

(1) A team to be known as the District Health Team must be established  in

35      every district.

(a)      The District Health Team shall consist of­

(i)   the District Health officer; and

(ii)   all members ofthe District Health Executive appointed in terms of section 15;

40                               (iii)   the chairperson ofthe Community Health Council and in charge of the district hospital;


 

(iv)    all EHT's  and nurses in charge of rural health centre;

(v)   a nominee of every religious body sponsoring a mission hospital; (vi)   nominees of ci\.ril society organizations  operating in the province,

as the District medical officer may determine;

(vii)    one representative from the relevant local authorit y.                                   5

 

(2) The Dishict  Health Team functions shall be to-

 

(a)      advise the District medical officer in coming up with mechanisms for the involvement of communities  in health at all levels of the health system;

(b)    raise awareness and identify needs and priorities for health;

(c)      act as a communication and information  channel between conn11tmities     10

and health systems;

(d)    mobilize, plan and monitor resource allocations for health; (e)                mobilize community  and social actions for health;

(f)    hold providers accountable for services;

 

(g)    support enforcement  of public health laws and standards.                                  15

 

17    Health Centre committee

 

(1) Every rural health centre, shall establish a health centre committee  which shall include representatives  of health \Vorkers and representatives  of the communities in which they operate.

(2) 'Ihe functions  of the health centre committees  shall be to­                                 20

( a)      inform, educate and empm:ver mernbers of the cornm1.mity on health matters; (b)    use information  gathered  from  the communities  to plan, monitor  and

evaluate health programrnes;

(c)      coordinate health programmes in the area serviced by the health centre;

(d)     represent comm1.mities and their interests before relevant authorities;             25

 

(e)      support local  health   care  planning activities,  including resource mobilisation;

(f)      support local community  based workers in health;

(g)    perform such other functions  and duties as the Minister rnay assign.

 

18    Local Authorities in rural areas                                                                  30

 

(1) Where  no local  authority  exists for  the  whole or part of a district,  the dishict  administrator,  acting <mder the instructions  of the Chief Health Officer shall be regarded for the purposes of this Act, as the local authority for that area and 1nay, subject to subsection (2), exercise any po\vers \Vhich a local authority may exercise in

te1ms of this Act.                                                                                                                                      35

(2) A distdct  administrator  acting in terms of subsection (1)  may not­ (a)   make any permanent appointrnent; or

(b)    incur any capital expenditure;

without the express approval of the l'vfinister.

 

19    Local authorities to appoint  Director  health services                               40

 

(1) Every local authority shall when required by the l'viinister, after consultation

\vith the appropriate Minister. appoint a health practitioner as Director health services to the local authority, whose appointment shall be subject to the approval of the 1\finister.


 

 

(2) In the making  of such  appointment,  preference  shall  be given,  except in special circumstances in particular cases, to health practitioners holding degrees, diplmnas  or certificates in public health or state medicine  granted after examination and registrable in Zimbab\ve as well as in the country \vhere they were obtained.

 

 

5      20     Duties of Director health services

Every  Director health  services shall  keep  himself  or herself  informed as to the public  health  and sanitary circumstances of his or her district, and shall make such inspections and inquiries as 1nay be necessary for this purpose.  In addition, he or she shall  furnish  the local  authority \Vlth all information in respect  of such

10     inspections and inquiries, and shall also furnish to the Chief Health  Officer special reports,  when required, relating to the public  health  or sanitation and hygiene  of his or her district.

 

 

21    Government medical officers to be Director health services  in rural districts

15                In any area \Vhere no Director health services has been appointed. a Government medical officer designated by the Chief Health Officer by statutory instrument shall be the Director health services for the area specified in such statutory instrument and shall carry out the duties imposed by section 20 on a Director health services, furnishing the infonnation referred to in that section to the Chief Health Officer.

 

 

20     22     Local authorities to appoint  environmental health officers

Every local authority may, 'md when required by the Minister, after consultation with the appropriate  Minister, shall appoint environmental  health officers to assist in carrying out the provisions of this Act within its disblct,  who shall be subject to the supervision  of the Director health services.

 

 

25     23    Removal of Director health services and environmental health officers

No Director health services or environmental health officer appointed by a local authority may, except Mth his or her own consent, or in confonnit)'  with any enactment relating to retiretnent on account of age or ill-health,  or contract govenring his or her appointment,  be removed from office, or have his or her salary or his or her emolmnents

30      reduced,  without the sanction of the Minister first being obtained:

 

Provided that it shall be competent for a local authority to suspend a Director health services or environmental  health officer for incapacity, neglect or misconduct, pending the s<.mction of the :rvlinister to dismiss and in the event of such sanction being granted, the said Director health services or environmental health officer shall be deemed

35      to have been renuwed from office from the date of such suE;pension.

 

 

24    Local authorities failing to  appoint Director health services or environmental health officer

 

(l) If  any  local  authority fails  to  appoint  a Director health  services or enviromnental  health officer within six months  after being required  to do so by the

40      :rvlinister, the Mnister 1nay appoint a Director health services or enviromnental  health officer, as the case may be, to the local authority, and may fix the remuneration to be paid by the local authority to such officer or enviromnental  health  officer and may, in case of default of payment of such remuneration by the local authority, direct that the same be paid out of the Consolidated Revenue Fund, and that the amount be recovered


 

by deduction fi"om any subsidy or other moneys payable out of the said fund to such local authmity.

 

(2) Where the IVlinister appoints, in terms of subsection (1), a civil servant to be Director health services  or environmental  health officer, as the case may be, to a

local authmity, he or she may-                                                                                                            s

(a)     fix the remuneration to be paid to the officer in respect of such appointment; (b)    in the case  of default  of pavment  of such  remuneration by the local

authority,  direct  that the amount  be recovered  by reduction  from  any subsidy or other moneys payable out of the Consolidated  Revenue Fund

to such local authority.                                                                                                  10

 

 

25     Combined appointments

(l) Subject to subsection (2), nothing in this or any other Act contained shall be constnled  as precluding any person frmn holding at the same time an appointlnent as-

(a)    Government medical officer and Director health services to one or more       15

local authorities; or

(b)     Director health services to two or more local authorities;  or

 

(c)     Environmental health officer for the State and one or more local authorities.

 

(2) Despite subsection (I), no person shall hold any combination of appointments refen·ed to in subsection (l)(a), (b) or (c) for more than tln·ee years without relinquishing                                                   20 any appointment that cam;es him or her to hoi d more than a single appointment.

 

 

26     Duties of local authorities

 

Every  local  authority  shall  take all ia>Vful and necessary  precautions  for the prevention  of the occurrence,  or for dealing  with the outbreak  or prevalence,  of any infectious  or communicable  diseases,  and shall exercise the pmvers and perform the                                                                                       25 duties conferred. or imposed on it by this Act or by any other enactment.

 

 

27     Defaulting local  authorities

 

(1) Whenever  upon the report of the Chief Health  Officer it appears to the

Minister that the public health of any locality is in danger, by the failure or refusal on

the part of any local authority to exercise the powers or perform the duties devolving       30

upon it under any enactment, or to take the lm-vful and necessary steps to obtain pm.vers to implement by-la\-vs or regulations to ave11the d...mger, the11nister

an inquiry to be held, at which the local authority shall have an opportunity  of being heard, call upon the local authority forthwith to exercise any such p(nvers or to perform properly any such duties to avert any danger and if the local authority fails to comply,                                                                                                  35 the :rvlinister 1nay exercise such powers or pe1forrn such duties, and 1nay authorize any person to take all necessary steps for that purpose in the same manner as if he or she

were the local authority.

 

(2) Any  expenditure incurred by  the  State  under  subsection (l)  may  be recovered-      40

(a)     by action in a competent  court against the local authority in default; or

(b)    by levying a special rate upon all rateable property within the district of the local authority in default; or


 

(c)     by deduction from  any subsidy, grant or other moneys  payable by the

State to the local authority in default; or

(d)    by all three or any two such methods of recovery.

 

 

28    Public  Health Human Resources

 

5                        (1) The lvfinister shall develop policies and guidelines for, and to monitor the provision,  distribution,  development  and utilization  of, human resources  within the public health system,

 

(2) The policies and !,>uidelines contemplated in subsection  (l) must among other things facilitate and advance-

10                     (a)      the adequate distribution of hnman resources:

(b)    the provision of appropriately trained staff at all levels of the public health system to meet the population's health care needs; and

(c)     the effective and efficient utilisation, functioning, management and support of htunan resources \Vithin the public health system:

 

15    29    Regulations Relating to Human Resources

 

(1) The1inister

public health system in order to-

(a)      ensure that adequate resources are available for the education and training of health care persormel to meet the human resources requ.ire1nents of the

20           public health system:

(b)   ensure the education and training of health care persmmel to meet the requirements  of the public health system;

(c)      create ne\v categories of health care persormel to be educated or trained;

(d)    subject to the Education Act [Chapter 25:04] and legislation relating to

25                                higher and tertiary education, identify shmtages of key skills, expertise and competencies  within the public health system and to prescribe strategies for the-

(i)   recruitment  of health care personnel from other countries; and

(ii)   education  and training  of health  practitioners  or health  workers

30                 to make  up the deficit in respect  of scarce  skills,  expertise  and cmnpetencies;

(e)    prescribe  strategies for  the recruitment and  retention  of health  care persom1el within the public health system;

(f)    en."::ure the existence of adequate htunan resources planning, development

35                                and management struchlTes at public, provincial and district levels of the public health systems;

(g)    ensure the availability  of institutional  capacity at public, provincial and district levels of the public health system to piau for, develop aud nnmage provision of health care services;

40        (h)    ensm'e the definition 'md clarification  of the roles and ftmctions  of the authorities  at national, provincial and local levels with regard to the planning, production  and management of human resources;

(i)    subject to the hnmigrationAct [Chapter 4:02], determine the circumstances nnder which health care personnel may be recruited from other countries

45                               to provide health services,


 

PART III

 

HEALTH  SERVICES

 

30     The obligation to report on implementation on rights in public health

 

The  Minister must  report  to  Parliament annually on  progress made  on ilnpletnentation of the rights in relation to public health set out in the Constitution.                                                        5

 

31    Principles of public  health and practice

 

(1) Subject to this Act, the following principles must guide public health policy and practice-

(a)     respect for human rights and adherence to both rights and responsibilities;

(b)    promotion  of justice, equity and gender equity;                                                    10

(c)     protection of  the best interests of vulnerable groups of minors;

(d)    promotion of health and of access to the social determinants  of health as central to development;

(e)      transparency, accmmtability  and sustainability;

(f)    precaution and  protection of public health when there is uncertainty  or       15

incomplete infonnation about a public health  risk;

(g)    prmnotion of  partnership between state  and  non-state actors   and cormnmllty;

(h)     ethical conduct of health service provider  ;

(i)     community  participation    role in decision.":\  and actions affecting  their       20

health;

(j)     recognition, respect and  promotion of  indigenous and  traditional knowledge, practices and systetns;

(k)    promotion of access to information  and education for public health; and

(I)      respect for international  commitments in public health.                                       25

 

(2)  The  public  health  principles of public  health  management set  out in subsection (l) shall-

(a)      serve as the general framework within which plans for the management of public health shall be fonnulated;

(b)    serve as guidelines  for the exercise  of any function  concerning  public       30

health management  in tenus of this Act or any other enacbnent.

 

32     Duty to avoid harm to public  health

(1) Every person has the duty to avoid harm to public health, that is to say­ (a)        every person has the duty to-

(i)   exercise due diligence and take reasonable precautions  under their       35

control to avoid, control or mitigate a public health risk; and


(ii)

 

 

 

' )

 
(iii'•

provide public information  on any harmful effects to health of any products he or she is promoting; and

report a suspected health risk to the relevant health authority as soon

as he or she becomes aware of it; and                                                             40


(iv)   actively promote compliance with this Act, its regulations and related codes of practice, guidelines or administrative  orders.


 

 

(2) The lvfinister may, by statutory instrument,  specify-

 

(a)      events, occurrences or things that constitute public health risks; (b)    the measures for application  ofthe duty to avoid harm;

(c)      the projects and activities which require a health impact assessment  to

5                                  be  conducted prior to licensing or implementation;

(d)    the procedure for conducting the health impact assessment;

(e)    the contents of a health irnpact assessment report;

(f)    the issue and registration of development  certificates;

(g)     otiences  and penalties in relation to health impact assessments;

10                     (h)    the time period within which any person who has acted in violation  of this section must rernedy the hann he or she has caused;

(i)     any other matter related to the foregoing.

 

(3) In the exercise of his or her pm.vers in terms of this section,  the :rvlinister must act in consultation  \\ith  the J\-linister responsible  for environmental  matters on

15      co-ordination  Mth  environmental  impact  assessments  as set out in   Part XI of the Enviromnental Management Act [Chapter 20:27], and may consult any other relevant authority or person.

 

33    Emergency treatment

 

(1) No health practitioner, health practitioner in charge of a health institution,

20     health worker or health establish1nent shall refuE;e a person emergency medical treatment

 

(2) Where a health facility realises a patient seeking medical services appears to be having a contagious infection such institution tnust ellSUTe such person is placed in an isolation  facility  Mthin  the institution  <.md must forthwith  inform  the relev<.mt authorities  where it is a case of public concern.

 

25                      (3) Where a person receives treatment pursuant to subsection (1) such health institution  must take necessary measures to ensure the patient settles their b111.

 

(4) Any health practitioner,  health practitioner in charge and institution  who fails to comply with subsection (1) shall be guilty oLm offence 'md liable to a fine not exceeding level eight or imprisonment  not exceeding one year or both such fine and

30      such ilnprisomnent.

 

34     User to have full knowledge of services  available

 

(1) Every health practitioner shall inform a user of-

(a)     the user's health status except in circumstances where there is substantial evidence that the disclosure of the user's health status would be contrary

35                                to the best interests of the user;

(b)    the range  of  diagnostic procedures and  treatment options  generally available to the user;

(c)      the benefits, risks, costs and consequences generally associated with each option; and

40                      (d)    the user's  right to refuse health services  and explain  the implications, risks, obligations of such refusal.

 

(2) The health practitioner concemed shall, where possible, inf01m the user as contetnplated in subsection (1) in a language that the user tmderstands and in a mam1er which takes into account the u<:>er's level of literacy.


 

(3) Any health practitioner  who fails to comply with subsection  (1) shall be guilty of an offence and liable to a fine not exceeding level eight or imprisonment  not exceeding one year or both such fine and such imprisonment

 

35    Consent  of user

 

(l) For the pmposes of this section "informed consent "means consent fm·the        5

provision of a specified health service given by a person with legal capacity to do so and who has been informed as contemplated in section 34.

 

(2)Ahealth service shall not be provided to a user without the user's infonned consent unless-

(a)      the user is unable to give informed consent and such consent is given by      10 a person mandated by the user in writing to grant consent on his or her behalf or authorised  to give such consent in terms of any law or court

order;

(b)    the user is unable to give informed consent and no person is mandated or authorised to give such consent, and the consent is given by the spouse or                                                  15 partner of the user or, in the absence of such spouse or partner, a parent, grandparent, an adult child or a brother or a sister of the user, in the specific

order as listed:

(c)    the provision of a health service without informed consent is authorised

in terms of any law or court order;                                                                             20

(d)    failure to treat the user, or group of people which includes the user will, in the reasonable opinion of the health practitioner, result in a serious risk to public health; or

(e)      any delay in the provision ofthe health service to the user might result in

his or her death or irreversible  damage to his or her health and the user       25

has not expressly or by conduct refused that service.

(3) A health  practitioner  shall take all reasonable  steps to obtain  tbe user's informed  consent

(4) Any health practitioner  who fails to comply with subsections  (2) and (3)

shall be guilty of an offence and liable to a fine not exceeding level ten or imprisonment       30

not exceeding one year or both such fine and such imprisonment.

 

36    Health service for experimental or research purposes

 

(1) No pernonshall be subjected to medical or scientific experiments or the extraction or use human tissue \-vlthout the informed consent of the u."::er and the authorisation of the delegated authority set up for that pmpose through :mAct of Parliament.                                                                                                                 35

 

(2)Any health practitioner who fails to comply with subsection (1) and subsection (4) shall be guilty of an offence and liable to a fine not exceeding  level fomteen  or ilnprisonment not exceeding five years or both such fine and such imprisomnent.

 

(3) Before a health institution  provides a health service for experimental  or research purposes to any user and subject to subsection (4), the health institution must                                                     40 infonn the user in the prescribed tnatmer that the health service is for experitnental  or research purposes or part of an experimental  or research project.

 

(4)Ahealth institution may not provide any health service to a user for a pmpose contemplated ln subsection (3) unless-

( a)     the user;                                                                                                                             45

(b)    the health practitioner primmily responsible for the user's  treatment;


 

 

(c)     the head of the health institution in question and Health Service Board: (d)    any other person to whom that authority has been delegated:

 

has given prior \Vfitten authorisation for the provision of the health service in question.

 

37     Duty  to disseminate information

 

5                  The Health Service Board established under section3 of the Health Service Act

[Chapter 15:16] and every person to whom it has delegated its ftmctions under section

6 of that Act shall after consultation  \Vith- (a)      the Minister;  and

(b)     the Chief Officer of Health;  and

10                     (c)      where necessary other relevant Ministries;

 

ensure that appropriate,  adequate and con1prehen.;;ive infonnation is disseminated  on the health services for which it is responsible,  which must include-


(i) (ii)

15                              (iii)

(iv) (v) (vi)


the types and availability ofhealtb services;

the organisation of health services;

operating schedules and timetables of visits;

procedures for access to the health services;

other aspects of health services which may be of use to the public:

procedures for laying complaints.


 

38     Obligation to keep records

 

20                    (I) The obligation  to keep  and maintain  records  imposed  on Medical  Aid

Societies and private hospitals under section 15 of the Medical Services Act [Chapter

15: /3] shall apply with the necessary changes to all health institntions.

 

(2) Any health practitioner in charge and 'my officer directly responsible for the keeping of any such records in any such health institntion  that fails to keep and

25     maintain record,;; pursuant to subsection (1)  shall be guilty of an offence and liable to a fine not exceeding level  thirteen and imprisonment  for a period not exceeding hvo years.

 

39     Confidentiality

 

(1) All info1mation concen1ing a user, including inf01mation relating to his or

30      her health status, treatment or stay in a health establishment  is confidentiaL

 

(2) Subject to section 40, no person may disclose any information contemplated in this section tmJess provided for in law, or-

(a)     the user consents to that disclosure in writing; or

(b)    a court order or any law requires that disclosure; or

35                      (c)      non-disclosure  of the infonnation represents  a serious  threat to public health.

 

(3) Where any person contravenes subsection (2) such person shall be guilty of an offence an liable to a fine not exceeding level eight or imprisonment  not exceeding one year or to both such fine and such imprisonment.


 

40    Access to health records by healthcare provider

 

(1) A health practitioner may examine a user's health records for the purposes


of-


 

 

(a)     treatment \:vith the authorisation  of the user; and

(b)   study, teaching or research with the authorisation ofthe user, head of the         s health establishrnent  concerned  and the relevant  health research  ethics committee.

 

(2) lfthe study, teaching or research contemplated in subsection (1 )(b) reflects


or obtains no infonnation as to the identity of the user concen1ed, it is not necessary

to obtain the authorisations  contemplated in that subsection.                                                      10

 

(3) Any health practitioner  who does not comply with the provisions  of this section shall be guilty of 'm offence 'md liable  to a fine not exceeding level eight or imprisonment  not exceeding hvo years or to both such fine and such imprisonment.

 

41    Laying  of complaints

 

(1) Without derogating from the powers to investigate and adjudicate misconduct      15 cases provided for under section 17 of the Health Service Act [Chapter 15:/ 6] or any otherlaw-

(a)      any person  aggrieved  by the conduct of health care personnel  has the right to complain  and to have the matter investigated  and redressed  by

an appropriate authority;                                                                                              20

(b)    every health establishment shall formulate a procedure for the laying and redress of complaints  against the conduct of any person associated with that establishment.

 

(2) The procedures for laying complaints must-

(a)    be  displayed  by all  health  establishments in a manner  that  is visible       25 fOr any person  entering  the establishment  and the procedure  must  be communicated  to users on a regular basis;

(b)     in the case of a private  health  establishment, allow  for the laying  of complaints;

(c)    with the head of the relevant establishment,  include provisions for the       30 acceptance and acknowledgment of every complaint directed to a health establishrnent, whether or not it fillls \:vithin the jurisdiction or authority ofthat establishment;

(d)    allow for the referral of any complaint that is not within the jurisdiction or authority ofthe health establishment to the appropriate bodv or authoritv.                                                35

 

(3) Any person who does not comply "ith the provisions of this section shall be guilty of an offence and liable to a fine not exceeding level eight or ilnprisonment not exceeding six months or to both such fine and such imprisonment.

 

42    Compulsory immunisation of children and incapacitated persons

 

Wllere there are compelling reasons of public health specifically regarding minors       40

and legally incapacitated individuals, the Minister shall by notice in the Gazette declare the date on which compulsmy  immunisation shall take place,

 

43    Duties of users of health services

 

(l)A user must-


 

 

(a)      adhere to the rules ofthe health establishment  when receiving treatment or using health services at the health establishment;

(b)   provide the health practitioner with accurate infonnation pertaining to his or her health status and-co-operate ;,;vith health practitioners when using

5                                  health se1vices

(c)    treat health practitioners  and health workers with dignity and respect

 

44     Participation in decisions

 

(1)A user has the rightto participate in any decision affecting his or her personal health and treatment.

 

10                     (2) If the informed consent of the user is given by a person other than the user. such person must, if possible, consult the user before giving the required consent.

 

(3)  If a user is unable to participate in a decision affecting his or her per onal health and treatment, he or she must be inf01med after the provision of the health service in question.

 

15     45     Rights of health personnel

 

( l) Health care personnel1nay not be unfairly discri1ninated again.;;t on account of their health status.

 

(2) Despite subsection  (1) but subject to any applicable law, the head of the health  establislunent  concerned  may in accordance  \Vith any guidelines  detennined

20       by the Minister  impose  conditions  on the service that may be rendered  by a health practitioner or health worker on the basis of his or her health status.

 

(3) Subject to any applicable law, every health establishment  must implement measures to minimise-

(a)     inJury or damage  to the person  and property  of health care personnel

25                                working at that establishment;  and

(b)    disease transrnission.

 

(4)Ahealth practitioner may refuse to treat a user who is physically or verbally abusive or who sexually harasses him or her.

 

PART IV

 

30                            INFECTIOUS DISEASES

 

Sub-Part A: Notffication of infectious diseases

 

46     Notifiable diseases

 

For the purposes of this Act, the term "infectious  disease" includes  any of the follmving diseases-

35                      (a)     chicken-pox; (b)    diphtheria; (c)         erysipelas;

(d)    pyraemia and septicaemia;

(e)    scarletfever;

40                      (f)     typhus fever; (g)    plague;


 

(h)    cholera;


(i)


typhoid or enteric fever (including para-typhoid fever);


(J ) undulant or Malta fever;


(k)


epidemic  cerebro-spinal  meningitis  (or  cerebro-spinal  fever or spotted fever);              5


(1)     acute poliomyelitis;

(m)leprosy; (n) anthrax: (o) glanders;

(p)    rabies;                                                                                                                   10

(q)   trypanosomiasis (or sleeping sickness);

(r)     yellov,r fever;

(s)    viral haemorrhagic  fevers;

 

and  all fonns  of tuberculosis  and such other  infectious  or connnunicable diseases including sexually transmitted diseases as the Minister may declare, by statutory in.":\tnunent                                     15 to be infectious diseases either throughout Zilnbabwe or in any pmt of Zimbabwe.

 

47    Notification of infectious disease

 

(1) Whenever any child attending any school, otphanage or other like institution, or any person residing in any hotel, bom·ding-house or other like institution, is knmvn

to be suffering from any infectious disease, \Vhether such infectious disease is specified      20

in  this Part or not, the principal  or person in charge  of such  school,  orphanage  or other like institution,  or the manager  or proprietor or person in charge of such hotel, boarding-house or other like institution shall forth"ith send notice thereof to the local authority of the district, and shall fumish to the  Director of health services, on his or

her request, a list of scholars or residents thereat, together \Vith their addresses.                 25

 

(2)Any  person who fails to give any notice required by subsection (1) shall be guilty of m1 offence and liable to a fine not exceeding level eight or to imprisomnent for a period not exceeding slx months or to both such fine and such imprisonment

 

(3) In any prosecution  under this section the onus of sho\'Ving that he or she

\Vas una\vare that the patient was suffering from a notifiable infectious  disease shall      30

be on the person charged.

 

 

48    Notification by medical practitioners

 

(1) If a patient suffering, to the kno\vledge of the medical practitioner attending him or her, from an infectious disease dies therefrom, such medical practitioner shall immediately fumish to the local authority of the disllict aud District medical officer a                                                                                          35 written ce11ificate containing the appropriate pm1iculars relating to the patient's illness

and cause of death.

 

(2)Any medical practitioner who fails to fumish a certificate of notification as required by this section shall be guilty of an offence and liable to a fine not exceeding

level five or to imprisomnent for a period not exceeding three months or to both such      40

fine and such i1nprisomnent, <.md in <.my  prosecution  under this section the onus shall be on the medical  practitioner  charged to show that he or she was unaware that the patient was suffering from or the deceased had died of an infectious disease.


 

 

49    Local authorities to transmit return of notifications

 

(1) In the time of an outbreak,  every local authority shall, at the end of each week and on the form prescribed,  transmit to the Chief Health Officer particulars  of all cases of infectious  diseases and of all deaths from infectious  diseases notified to

5         it during the week, and all information which it 1nay possess as to the outbreak  or prevalence of any infectious,  communicable  or preventable disease in its district.

 

(2) Any Director of health services or local authority as the case may be who does not comply with the provisions of this section shall  be guilty of an offence and liable to a fine not exceeding level eight or imprisonment  not exceeding hvo years or

10      to both such fine and such imprisonment.

 

50     Regulations for notification of infectious diseases

 

(l)The Minister may, in respect of the notification of diseases, make regulations


as to-

 

 

15

 

 

 

 

 

 

20

 

 

 

 

 

 

 

25


 

 

(a)

 

 

(b)

(c)

 

 

 

(d) (e)

(f)


 

 

co-ordination  in the notification of diseases of zoonotic origin to the relevant veterinary authority;

providing clear circumstances under which information may be disclosed;

the duties of owners or occupiers of land, owners or managers of mines, employers of labour and all chiefs or headmen or others in regard to reporting the occurrence of such diseases, whether infectious or otherwise, as may be prescribed in the regulations;

the duties on patients to adhere to treatment  and to prevent wilful and intentional transmission  to others;

the hospitalisation, isolation and quarantine, of infected persons;

the duties of rnedical practitioners and other persons in regard to the reporting or notification of such disease, whether infectious or otherwise, as may be prescribed in the regulations;


(g)    the circumstances  in which notification of particular infectious diseases shall not be required;

(h)    imposing a duty of confidentiality on persons involved in the administration

30             of any notification where personal identit}ring information is included; (i)          the duties of a local authoritv in respect of the keeping of registers and

records of such notifications;

(i)     the duties of registrars of deaths in respect of furnishing the local authority with notification of returns of deaths notified with such registrars;

35                      (k)    the creation of a notitiable  diseases register containing non named data for monitoring,  analysing  and reporting  on the incidence  and patterns of notifiable conditions  and evaluating the eff1cacy of management  and treatrnents;

(1)    the creation of a contacts tracing mechanism;

40                      (m)   providing for powers and measures for the response to notifiable diseases that set a continuum from small interventions  to strong powers based on the level ofthreat to public health, including-

(1)  contact tracing;

(ii)   vaccination;

45                               (iii)   measures to isolate and address the sources of epidemics; (iv)    observed home treatment;


 

(v)   medical counselling;

(v1)  facility treatment services;

(n)    provision of adequate medical supplies;

(o)    the fees payable to medical practitioners  in respect of such notitications,

and the circumstances in which fees shall or shall not be payable; the forms        5

to be used and the particulars  to be furnished  by medical  practitioners when making such notifications;

(p)    the forms to be used and the particulars to be furnished by local authorities and  other  persons  when transrnitting  returns  and reports  to the Chief Health Officer;                          10

(q)    and, generally, for the better carrying out and attaining the objects and purposes of this Part.

 

(2) Regulation made under this section shall carry a penalty not exceeding level eight or to imprisonment for a period not exceeding one year or to both such fine and

such imprisonment.                                                                                                                     15

 

Sub-Part B: Prevention and Suppression of Infectious Diseases

 

51     Inspection of  infected premises and  examination of  persons suspected to be suffering from infectious disease

 

Director  health services of any urban or rural area or any n1edical practitioner

duly authorised  thereto  by the local authority  may at any reasonable  time enter and      20

inspect any premises in \vhich he or she has reason to believe that any person suffering or \Vho has recently suffered from any infectious disease is or has recently been present, or any inmate of which has recently been exposed to the infection  of any infectious disease, and tnay medically  examine any person in such premises for the purpose of

asce1iaining \'vhether such person is suffering or has recently suffered from <.my such      25

disease.

 

52     Provision of isolation hospitals, mortuaries, disinfecting stations and ambulances by local authorities

 

Any local authority may, and if required by the l'vfinister after inquiry, at which

the local authority shall have 'm opportunity of being heard, shall, provide and maintain      30

either separately or jointly with another local authority or with a hospital authority or with the State-

(a)      suitable  hospitals  or places  of isolation  for  the  accommodation  and treatment of persons suJJering from infectious diseases;

(b)    mortuaries or places for the reception of dead bodies pending the carrying       35

out of any post-mortem  examination  ordered  by a lawful authority,  or until removal for interment;

(c)     disinfecting and cleansing stations, plant and equipment for the cleansing of  persons  and the disinfection  of bedding,  clothing  or other  articles which  have been exposed to, or are believed to be contaminated  with,                                                                                             40 the infection of any infectious disease, or which are dirty or 1/erminous;

(d)    vehicles  for  the conveyance  of persons  suffering  from  any infectious disease or for the removal of any infected bedding, clothing or other articles;

(e)    any other accommodation, equipment or articles required for dealing with       45

any outbreak of an infectious disease.


 

 

53   Removal to hospital of infected persons

 

Where, in the opinion of the medical officer of health, any person certified by a medical practitioner to be suffering from an infectious disease is not accommodated or is not being treated  or nursed in such manner  as adequately  to guard against the

5         spread of the disease, such person may, on the order of the Director of health services,

be removed  to a suitable  hospital  or place of isolation  and there detained  until the Director of health services or any medical practitioner  duly authorised thereto by the local authority or by the :N:linister is satisfied that he or she is free frmn infection or can be discharged  without danger to the public health:

 

lO                      Provided that  the cost  of the  renuwal of such  patient  and  of his  or her maintenance at the hospital may be recovered by the local authority from the said patient or his or her estate or, in the case of a minor, from his or her parent or guardian, if it can be shown that the said patient or his or her estate or, in the case of a minor, his or her parent or guardian is in a position to defray such costs.

 

15       54     Infected  persons  sent for treatment from other districts

 

In the case of any patient suffeting from any infectious  disease being sent into the district of any local authority for isolation  and treatment in any hospital or place of isolation maintained  by such local authority from any other district. whether urban or rural, the first-mentioned  local authority  may recover from  the local authority  of

20     the district sending the patient the cost of maintenance,  nursing and treatment  of the patient, and the cost of bttrial in the event of the death of the patient.

 

55     Measures  to  be adopted  by  local  authority in case  of infectious disease

 

Where  a person suffering from an infectiou"  disease is Mthin  the district of a

25     local authority, it shall be the duty of that authority to ensure that adequate measures are taken for preventing the spread of the disease, including, \'vhere necessary, provision for the accommodation,  maintenance,  nursing and medical treatment of the patient in a hospital or place of isolation  until he or she has recovered or is no longer a danger to the public or, in the event of the death of the patient, provision for the removal and

30      burial of the body.

 

56    Power of local authority to make order in relation to disinfection and personal hygiene

 

(I) When  it appears  from  the cer1ificate of the Director  of health  services or a health  officer or any medical  practitioner  that the cleansing  or disinfection  of

35      any premises or any article is necessary for preventing  the spread or eradicating  the infection  of any infectious  disease,  or otherwise for preventing  danger to health, the local authority may give written notice to the o\\mer or occupier of such premises or to the owner or person in charge of such mticle requiring hiln or her to cleanse or disinfect such premises or article in such manner <.md vvithin such ti1ne as 1nay be specified by

40      and to the satisfaction  of the local authority giving such notice.

 

(2) If the person to whom such notice is given fails to comply there\Vith, the local authority shall cause such premises or articles to be cleansed or disinfected, and the costs incurred shall be deemed to be a debt due to the local authority by the person in default.

 

45                     (3) \Vhere the o\'vner or occupier of any such premises, or the O\\mer or person in charge of m1y such article, is indigent or otherwise unable, in the opinion of the local authority, to carry out properly the cleansing or disinfection of such premises or article,


 

the local authority may itself carry out any necessary cleansing or disinfection free of charge.

 

(4) Where any article dealt with by a local authority  under this section is of such a natrue that it canoot be disinfected,  the local authority may, on the order of a district administrator,  district officer or ju.-.tice of the peace, cause such mticle to be                                                                                        5 destroyed and no compensation shall be payable in respect of any mticle so destroyed.

 

(5) When any article is da:tnaged during disinfection by the local authority, no compensation shall be payable by the local authority if suitable methods of disinfection have been employed and due care and all reasonable  precautions  have been taken to

prevent unnecessm·y or avoidable dmnage.                                                                                       10

 

(6) Compensation shall not be payable in respect of the deprivation of the occupation or use of any premises or the use of any article occasioned by disinfection if no undue delay has occurred.

 

(7) A Director of health services may order any person who has been certified

by a Director of health services,  or other health practitioner,  or by a11  environmental       15 health officer, to be in such condition of personal hygiene as to pose the risk of spreading disease or parasites, to take appropriate remedial action, including bathing or showering

and cleaning of his her irmnediate surrmmdings,  goods and effects.

 

(8) An order made under this section may be addressed to any duly authorised officer of a local authority or any police of1icer. Any person vvho vvilfully obstructs the                                      20 execution  of. or fails or refuses to cmnply \Vith, any such order shall be guilty of an offence and liable to a fine not exceeding  level four or to imprisonment  for a period

not exceeding three n10nths or to both such fine m1d such ilnprisomnent.

 

57    Exposure of infected persons  or thing

 

Any person who-                                                                                                                         25

(a)    while  knowingly  suffering  from  any notifiable  infectious  disease,  or such other infectious  disease as the lvlinister may declare by statutory instrument  to be a disease for the purposes of this section, wilfully  or negligently exposes  himself or herself in such manner as to be likely or

liable to spread such disease in any street,  public place, public building,       30 shop, inn. hotel, church or other place  used, frequented  or occupied  in comrnon by persons other than the rnernbers of the fiunily or household

to which such infected person belongs; or

(b)     being in charge of any person, and knm:ving that such person is so suffering,

so exposes such Sllfferer; or                                                                                         35

(c)    knowingly gives, lends, sells, pawns, transmits,  removes or exposes, or sends to or pen11its to be washed or exposed in any public wash-house or washing-place, or in any laundry or other place at which articles are washed, cleansed or dyed, without previous effective disinfection to the

satisfaction ofthe local authority and in accordance \:vith any regulations in     40

force in the district, any clothing, bedding, rags or other articles or things of any kind whatsoever which have been exposed to or are contaminated with the infection of any such disease: or

(d)     while knmvingly sufrering from any such disease,  handles, conveys or otherwise comes in contact with any food, dairy produce. aerated water or                                          45 other articles intended for hurnan consumption,  or carries on any trade or occupation in such manner as to be likely or liable to spread such disease;


 

 

shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment:

 

Provided that nothing in this section contained shall apply to any person transmitting \·vith proper precautions and in accordance with the instructions of the local

5         authority any bedding, clothing or other miicles or things for the purpose of having the smne disinfected.

 

58     Conveyance of infected persons  in public  conveyances

 

(1) For the purposes oftlris section, "public conveyance "includes any railway coach,  tramcar,  omnibus,  cab, motor car or any vehicle  \Vhatsoever, or any boat or

10      other vessel, or any aircraft if the conveym1ce plies for hire or is uE;ed by members of the public.

 

(2) No person, knowing that he or she is suffering from any infectious disease wlrich the Minister may declare by statutory instrument to be a <lisease for the purposes of this section, shall enter any public conveyance, and no person in charge of any person

15      whom he or she knows to be so suffering, or of the body of any person who to his or her knowledge  has died of any such disease, or in charge of anything which to Iris or her  knm.vledge has been exposed to or is contaminated \Vith the infection of any such disease. shall place in any such conveyance any such person, body, article or tiring which to his or her knowledge has been so exposed or is so contaminated,  except in the case

20     of a hearse used for the ren10val of a dead body, \Vithout first informing the O\VIler or di-iver or conductor of such conveyance of the fact of such infection <.md obtaining his or her consent.

 

(3) The  mmer.  driver or conductor  thereof  shall,  as soon  as possible  after such conveyance has been so used, and before permitting the use thereof by any other

25     person, cause it to be efficiently disinfected  to the satisfaction  of the local authority

and in accordance  with <.my re rulations

 

(4)Any person who contravenes subsection (2) shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment  for a period not exceeding six months or to both such fine m1d such imprisomnent,  and tnay in addition be ordered

30      by the court to pay the o\'vner or driver of the conveyance concerned the amount of any loss or expense necessarily  entailed by the disinfection of such vehicle.

 

59     Infected dwellings not  to  be evacuated or  let  without previous disinfection

 

(1) No person shall cease to occupy or shall let any dwelling or premises or

35       part thereof in which to his or her knowledge there is or has recently been any person suffering from m1y infectious disease without having the same, and all articles therein

\vhich are liable to retain infection. efficiently disinfected to the satisfaction of the local

authority and in accordance  with any regulations in force in the district. This section shall apply to any o\Vller or keeper of a hotel or boarding-house who lets any romn or

40      part thereof to any person.

 

(2) Any person who fails or reh1ses to comply  with. any such order shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding three months or to both such fine and such imp1isonment.

 

60     Removal of bodies of persons who have died of infectious disease

 

45                     (l) In every case of death from a know11 infectious disease it shall be the duty of the occupier of the prernises in which the death has occurred immediately  to make


 

the best ammgements practicable, pending the removal of the body  and the carrying out of thorough disinfection, for preventing the spread  of such disease.

 

(2)Any person  who contravenes subsection (1) shall be 1,'llilty of an offence and liable  to a fine not exceeding level  six or to imprisonment for a period  not exceeding

three  months  or to both such fine and such imprisonment.                                                  5

 

(3) It shall  be an offence  against this Act for the occupier of any premises to keep any dead body in any room in which any person lives, sleeps or works, or in which food is kept or prepared or eaten,  or to keep  the body of any person  who is known to the occupier to have  died of an infectious disease  for more than hventy-four hours in

any place other than a mortuary or other place set apart for the keeping of dead bodies,       10

except  with the sanction in writing  of the local  authority first obtained.

 

(4) Where  any person  dies  of an infectious disease it shall  be an offence  to remove the body except for the purpose of innnediate burial  and it shall be the duty of any person  who removes the body to take it direct to the place  of interment for burial.

 

(5) Any person  who is !,>uilty of an offence  in te1ms of subsection (3) or (4)        15 shall  be liable