CHAPTER 63:01 PUBLIC HEALTH ACT ARRANGEMENT OF SECTIONS PART I Preliminary 1. Short title 2. Interpretation 3. Status of Act in relation to other legislation 4. Ministry’s functions in public health PART II Establishment of National Health Council 5. Establishment of Council 6. Powers and duties of Council 7. Tenure of office of members 8. Disqualification from appointment as member 9. Vacation of office of member 10. Filling of vacancies 11. Meetings and proceedings of Council 12. Disclosure of interest 13. Committees of Council PART III Administration of Act 14. Primary Health Care Coordinating Committees 15. Director of Health Services 16. Powers and functions of Director 17. Directions by Minister 18. Report on public health 19. Delegation by Director 20. Designation of health officers 21. Approval of qualifications 22. Functions of health officers 23. Emergency declaration 24. Duration of emergency declaration 25. Directions by Director 26. Special powers 27. Compensation 28. Report by Director 29. Public health inquiries 30. Investigation 31. Procedure at inquiry 32. Powers of inquiry 33. Report of inquiry 34. Protection of Director 35. General functions of District Health Management Team 36. Orders relating to functions 37. Designation of authorised officers 38. Entry, inspection, seizure, etc. 39. Production of records 40. Production of things for inspection 41. Production of licence 42. Photographs, sketches, measurements and recordings 43. Information requirements 44. Entry and inspection with warrant 45. Entry and inspection without warrant 46. Persons who may accompany health officers 47. Compliance notices 48. Miscellaneous provisions relating to health officers, authorised officers and compliance procedures 49. Offences relating to authorised officers and their functions PART IV Maternal and Under Five Years Child Death 50. Maternal death to be reported 51. Health facility to collaborate with Kgosi PART V Notifiable and Communicable Diseases 52. Notification of disease 53. Inspection of premises with persons infected with communicable disease 54. Power to cleanse premises 55. Destruction of bedding, clothing, etc. 56. Provision of cleansing places 57. Isolation of persons who have been exposed to infection 58. Offence of exposure of infected persons and things 59. Cleansing of public conveyances 60. Offence of letting infected premises 61. Death in premises due to communicable disease 62. Disposal of body of person who died from communicable disease PART VI Special Provisions Regarding Diseases Subject to the International Health Regulations, 2005 63. Diseases subject to International Health Regulations 64. Power of entry 65. Notification of sickness or mortality in animals 66. Notification of diseases subject to International Health Regulations, 2005 67. Requisition of premises, equipment, etc. PART VII Prevention of the Spread of Immunisable Diseases and their Re-emergence 68. Emergency vaccination 69. Persons unfit for vaccination 70. Certificate of insusceptibility 71. Certificate of successful vaccination against smallpox 72. Unauthorised fee not to be charged 73. Description of person to be entered on certificate 74. Inoculation from arm to arm, etc. forbidden PART VIII Prevention of Introduction of Disease and Control of Disease 75. Introduction of disease 76. Removal of infected persons 77. Medical surveillance or isolation 78. Powers of health officers 79. Health officers to inspect aircraft, trains, etc. 80. Powers to enforce precautions 81. Agreement with other Governments 82. Government not liable PART IX Promotion of Sale of Medicines, Appliances or Articles for Alleviation or Cure of any Disease 83. Publication of advertisements PART X Sanitation and Housing 84. Nuisances prohibited 85. Duties of health officers regarding nuisances 86. Unsuitable buildings, dwellings or premises 87. What constitutes a nuisance 88. Notice to remove nuisance 89. Procedure where owner fails to comply with notice 90. Penalties in relation to nuisances 91. Court may order examination 92. Power of health officer to enter premises 93. Demolition of dwellings 94. Prohibitions PART XI Environmental Health Protection 95. Environmental health officer 96. Powers of environmental health officer 97. Legal proceedings 98. Report of environmental health officer and authorised officer 99. Designation of certain areas as public health service areas 100. Investigation of complaints, etc. 101. Appeal 102. Disclosure of information relating to manufacturing process or trade secret 103. Control of environmental pollution PART XII HIV Testing, Prevention and Control 104. HIV tests 105. Consent to HIV testing 106. Testing of donors of tissue 107. Testing of donated blood 108. Compulsory testing in certain cases 109. HIV testing for surgical and dental procedures 110. Pre-test information 111. Results of HIV tests 112. Notification of HIV test results 113. Confidentiality guidelines 114. Confidentiality of records 115. Disclosure of information concerning result of HIV test or immune function test 116. Transmission of HIV 117. Public promotion of certain sexual behaviour 118. Isolation orders 119. Testing carried out in approved facilities 120. Manufacture and sale of testing kits and devices 121. Court proceedings 122. Evidence of certain communication PART XIII Insect and Vector Control 123. Breeding places of insects and vectors to be nuisances PART XIV Cemeteries and Crematoria 124. Sites 125. Permit to exhume 126. Essential exhumation 127. Reinterment 128. Record of exhumations 129. Closing of cemeteries or burial ground 130. Requirements for international conveyance of dead bodies PART XV Port Health 131. Establishment of points of entry 132. Port health officers and programme 133. Functions of port health officers 134. Powers of entry and inspection PART XVI Non-communicable Diseases 135. Participation in decisions 136. Basic health services 137. Pharmacy management systems 138. Provision of services for persons with non-communicable diseases 139. User’s access 140. Treatment for experiment or research purposes 141. Obligation to keep a record 142. Health care provider access to health records 143. Administration staff access to health records 144. Protection of health records 145. Laying of complaints 146. Complaints procedures 147. Duties of users of health services 148. Non-discrimination on grounds of health PART XVII Child Health 149. Routine childhood immunisations 150. Consent to medical procedure 151. Surveillance PART XVIII Basements, Nursing Homes, etc. 152. Basements as human habitation 153. Private hospitals and nursing homes 154. Supervision of vaccines, etc. 155. Examination of person older than 12 years PART XIX National Public Health Laboratory 156. National public health laboratory 157. Public analysts PART XX Control of Use of Tissue and Organs in Humans 158. National Blood Transfusion Service 159. Designation of authorised institution 160. Consent for the removal of tissue, blood or gametes from living persons 161. Purposes for which tissue, blood or gametes from living persons may be used 162. Prohibition of transplant of gonads 163. Requirements with regard to tissue transplants 164. Control of removal and use of tissue or blood 165. Payment in connection with importation, acquisition or supply of tissue, blood, blood products or gametes 166. Human organs as national assets 167. Donation of human bodies and tissue 168. Institutions to which, and persons to whom, human bodies or tissue may be donated 169. Purposes of donation 170. Revocation of donation 171. Post-mortem examination of bodies 172. Removal of tissue at post-mortem examination and obtaining of tissue by institutions and persons PART XXI Miscellaneous Provisions 173. Service of notices 174. Defect in form 175. Powers of entry and inspection 176. Penalties not expressly provided for 177. Regulations 178. Enforcement of regulations by local authorities 179. Powers of Minister to amend Schedules 180. Repeal and Savings Cap. 63:01 181. Transitional provisions First Schedule Second Schedule Third Schedule Act 44, 1971, S.I. 1, 1981, Act 18, 2006, S.I. 45, 2007, Act 11, 2013, S.I. 4, 2014. An Act to repeal, re-enact, consolidate and amend the law relating to public health. [Date of Commencement: 3rd February 2014] PART I Preliminary (ss 1-4) 1. Short title This Act may be cited as the Public Health Act. 2. Interpretation In this Act, unless the context otherwise requires- “AIDS” means acquired immunodeficiency syndrome; “adult” means a person who is 16 years of age or over; “advertisement” includes any representation by any means for the purpose of promoting, directly or indirectly, the sale of any article; “appointing authority” means any person or body having power, whether delegated or otherwise, to make appointments to posts in the public service; “approved” means approved by the Minister; “approved health care worker” means a person approved as a health care worker; “approved specialist medical practitioner” means a person approved as a specialist medical practitioner; “article” includes any food article, and labelling or advertising materials used in connection with public health services; “authorised officer” means a person designated as such in terms of section 37 (1); “back to back system” means adjacent premises that are constructed in a manner that gives zero setback to both premises; “building” includes any structure, dwelling or premises constructed for the purpose of occupation; “burial” means the burial in earth, interment or any other