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S.I. No. 13/1941 - The Public Health (Infectious Diseases) Regulations, 1941.
Table of Provisions (14)
Statutory Text (14 Articles)
1. In every case of malaria occurring in his district of which a medical officer of health becomes aware, and in which he considers that action is necessary to prevent the spread of infection he shall take all necessary and practicable steps to ensure that the person suffering from malaria :—
(1) is supplied with efficient mosquito netting,
(2) receives necessary quinine treatment,
(3) receives proper advice as to the continuation of quinine treatment in order to prevent relapses, and
(4) receives proper advice as to the precautions to be taken to prevent the spread of infection.
2. On the occurrence within a district of two or more cases in which the infection has, in the opinion of the medical officer of health, been contracted within the district, the sanitary authority may, and if required by the Minister shall, appoint and pay a medical practitioner approved by him who shall—
(1) make systematic visits to houses where malaria has occurred or where risk of malarial infection arises, and shall offer to examine persons therein who are suspected of being infected with malaria and shall endeavour to obtain material for microscopic examination in order to determine whether malarial infection is present, and
(2) secure that effective measures are taken to prevent the spread of infection by the administration of quinine, by the use of mosquito netting, and by the destruction of mosquitoes, and otherwise.
3. In every case occurring in his district of which the medical officer of health becomes aware and in which he has reason to believe that the infection was contracted in that part of Ireland to which the laws of the Oireachtas for the time being extend (including every case in which the notification relates to a patient in whom the malaria has been induced for therapeutic purposes), the medical officer of health shall immediately send the name and address of the patient to the Minister.
FOURTH SCHEDULE.
THE PUBLIC HEALTH (INFECTIOUS DISEASES) REGULATIONS, 1941.
NOTIFICATION OF MALARIA (INDUCED FOR THERAPEUTIC PURPOSES).
............................................................ ..........................................(1)
To the (2)............................................................ ............................................................ .........
of (3)............................................................ ............................................................ ..................
In accordance with the requirements of Article 4 of the Public Health (Infectious Diseases) Regulations, 1941, I hereby certify and declare that
(a)............................................................ ..........................................
who proposes to reside at (b)............................................................ ............................................................ ..........................................................
at present an inmate of (c)............................................................ ........
and due for discharge on............................................................ ............ has sufferred from Malaria induced for therapeutic purpose ; and, in my opinion, may be regarded as liable to be attacked by relapses of this disease.
(1) Insert name of district.
(2) Insert description of medical officer of health.
(3) Insert official address of medical officer of health
Particulars:—
Age of Patient................... Sex..................
Date of Induction of the disease............................................................ ...
Observations (d)............................................................ ............................................................ ..........................................
............................................................ ............................................................ ............................................................ .
............................................................ ............................................................ ............................................................ .
(Signed)...................................................
Medical Practitioner.
Dated this............day of.....................19......
Address............................................................ ............................................................ ..................................................
............................................................ ............................................................ ............................................................ .
(a) Name in full of person who has suffered from the disease.
(b) Number or name of the house, and name of the street or road, and parish or place, in which the person proposes to reside. In the case of a ship, boat, tent, van, shed, or other similar structure, the name or description of the dwelling and the name of the place where it is situate should be given. The particulars given should be sufficient to enable the address to be promptly found.
(c) Name and address of institution.
(d) Notes on the clinical course of the disease and the form of treatment (Quinine, etc.) employed.
Given under the Official Seal of the Minister for Local Government and Public Health this 29th day of May, in the Year of Our Lord One Thousand Nine Hundred and Forty-One
(Signed) PATRICK RUTTLEDGE,
Minister for Local Government and Public Health.
Notice.—Section 1 (3) and Section 4 (b) of the Public Health Act, 1896, provide that if any person wilfully neglects or refuses to obey or carry out or obstructs the execution of any regulation made under Section 148 of the Public Health (Ireland) Act, 1878, he shall be liable to a penalty not exceeding one hundred pounds, and in the case of a continuing offense to a further penalty not exceeding fifty pounds for every day during which the offense continues.
4. A medical officer shall report to the sanitary authority any action taken by him under the preceding Articles of this Part of this Schedule.
5. A medical officer of health shall keep, in a book to be provided by the sanitary authority, a strictly confidential register of the names and addresses, together with any other necessary particulars, of all persons in his district, with respect to whom he is of opinion that they are carriers of enteric fever, diphtheria or dysentery infection.
6. Where a medical officer of health is of opinion that a person, within his district, is a carrier of enteric fever, diphtheria or dysentery infection, he may by notice in writing, require such person to notify the medical officer of health of any change in his address or occupation.
PART III.
SCARLET FEVER.
1.—(i) Where a medical officer of health becomes aware that a person in his district, employed in a trade or business concerned with the sale or distribution of milk for human consumption, has contracted scarlet fever, he may, if after inquiry he is of opinion that the action hereinafter specified is necessary to prevent the spread of infection, by notice in writing to be given to the responsible manager of such trade or business prohibit, until a further notice in writing is given by him revoking such first-mentioned notice, the sale or distribution or removal for human consumption of milk from any premises in which such person is or was employed.
(ii) A medical officer of health may likewise in the manner prescribed in the immediately preceding sub-paragraph, prohibit the sale or distribution or removal for human consumption of any milk found by him in any premises within his district on which any such trade or business as is referred to in the said sub-paragraph is carried on, if he suspects such milk to be infected with scarlet fever.
(iii) The provisions of this Article shall not extend to any dairy to respect of which a prohibition order may be made under Part V of the
Milk and Dairies Act, 1935
.
8. A medical officer of health shall keep, in a book to be provided by the sanitary authority, a register containing particulars of all notifications transmitted to him under these Regulations.
9. A medical officer of health on receipt of a notification under these Regulations in relation to a case occurring in a place which is not in his district shall, unless such notification is made under Article 4 (3) (ii) of these Regulations, forthwith forward the notification to the medical officer of health of the district in which the place is situated.
10. Upon receipt of a notification under these Regulations or on becoming aware in any other way of a case or suspected case of any of the diseases to which the Infectious Disease (Notification) Act, 1889, applies, or which are mentioned in the First Schedule to these Regulations, in his district, the medical officer of health or an officer of the sanitary authority acting under the instructions of the medical officer of health, shall make such inquiries and take such steps as are necessary or desirable for investigating the source of infection; for preventing the spread of infection; and for removing conditions favourable to infection; and if no medical practitioner is in attendance on the patient, the medical officer of health shall also take such steps as are necessary or desirable for ascertaining the nature of the case.
11. The duties of a medical officer of health in relation to (i) typhus fever, or relapsing fever, or (ii) enteric fever or diphtheria or dysentery, or (iii) scarlet fever, or (iv) malaria, shall in addition to those set forth in Article 10 of these Regulations comprise the duties set forth in Parts I, II, III, and IV of the Third Schedule to these Regulations respectively.
POWERS AND DUTIES OF SANITARY AUTHORITIES.
12.—(1) The sanitary authority may, subject to the approval of the Minister, provide or contract for the provision of medical and nursing assistance for any person in their district who is suffering from any of the diseases mentioned in the First Schedule to these Regulations, or from any disease to which the Infectious Disease (Notification) Act, 1889, applies and who is in need of such assistance.
(2) In cases of malaria the sanitary authority shall perform the duties imposed on them by Part IV of the Third Schedule to these Regulations.
DUTIES OF RECIPIENTS OF NOTICES UNDER THE THIRD SCHEDULE.
13. A person to whom a notice is given by a medical officer of health under the provisions contained in the Third Schedule hereto shall observe and perform any instructions lawfully given in such notice.
IMMUNISATION AGAINST DIPHTHERIA, SCARLET FEVER, MEASLES AND WHOOPING COUGH.
14.—(1) A sanitary authority, which is not a port sanitary authority, may, from time to time, in accordance with the advice of their medical officer of health, and shall, if at any time required by the Minister, do all or any of the following things, that is to say:—
(
a
) purchase and keep a supply of such agents as may be approved by the Minister for determining susceptibility to diphtheria and scarlet fever and for producing immunity from infection with diphtheria, measles, scarlet fever, and whooping cough and such instruments and equipment as may be necessary in connection therewith;
(
b
) make arrangements for the administration of the aforesaid agents to persons resident within their district in accordance with a scheme prepared by the sanitary authority and approved by the Minister;
(
c
) hire, subject to the approval of the Minister, for use as clinics, for the foregoing purpose, such rooms and buildings and employ such persons for the conduct thereof as the sanitary authority may consider necessary;
(
d
) supply any medical practitioner employed by the sanitary authority or resident or practising within their district with the aforesaid agents on such reasonable terms as the sanitary authority may fix.
(2) The medical officer of health of a sanitary authority to which this Article applies and every other medical officer of such sanitary authority, in relation to the area for which he is appointed, shall, if so required by any scheme prepared by a sanitary authority and approved by the Minister under this Article, administer, in accordance with such scheme, agents for determining susceptibility to and for producing immunity from any or all of the diseases hereinbefore mentioned in this Article.
GENERAL.
15.—(1) The duties of a medical officer of health or other medical officer of a sanitary authority shall be deemed to extend to and include all action by such medical officer in the execution of these Regulations.
(2) Any expenses incurred by a medical officer of health or other medical officer of a sanitary authority in carrying out the duties imposed on him by or under these Regulations shall be defrayed by the sanitary authority, whose officer he is.
COMPENSATION.
16. The provisions of Section 274 of the Public Health (Ireland) Act, 1878 (which relates to compensation for damage sustained by reason of the exercise of the powers of the said Act), shall apply to any person who sustains any damage by reason of the exercise of any of the powers of these Regulations in relation to any matter as to which he is not himself in default.
SAVING.
17. Where a patient is an inmate of any building, ship, vessel, boat, tent, van, shed, or similar structure belonging to the State, nothing in these Regulations shall be construed as requiring a notification to be transmitted to a medical officer of health in respect of that patient.
FIRST SCHEDULE.
Diseases compulsorily notifiable under this Order :—
Cerebro-Spinal Fever.
Pneumonia (Acute Influenzal)
Dysentery.
Pneumonia (Acute Primary).
Encephalitis Lethargica.
Poliomyelitis (Acute Anterior).
Malaria.
Puerperal Pyrexia.
Measles.
Trachoma.
Ophthalmia Neonatorum.
Undulant Fever.
Pemphigus Neonatorum.
Whooping Cough.
SECOND SCHEDULE.
FORM NO. 1.
PUBLIC HEALTH (INFECTIOUS DISEASES) REGULATIONS, 1941
............................(1)
No...................
To the (2)...........................................
of (3).......................................
In accordance with the requirements of Article 4 of the Public Health (Infectious Diseases) Regulations, 1941, I hereby certify and declare that in my opinion,
(a)............................................................ .............................................
an inmate of (b)............................................................ .......................
is suffering from(c)............................................................ .................
Age of Patient..................
Sex..................
Date of onset of disease (or date of first appearance of symptoms)............................................................ ............................................................ .
(Signed) .................................
Medical Practitioner.
Address............................................................ .................................
Dated this..................day of....................................19......
(1) Insert name of district.
(2) Insert description of medical officer of health.
(3) Insert official address of medical officer of health.
(a) Name in full of person suffering from disease.
(b) Number or name of the house and name of the street or road and of the town, parish or place where the person is resident. In the case of a ship, boat, tent, van, shed or other similar structure the name or description of the dwelling and the name of the place where it is situate should be given. The particulars given should be sufficient to enable the address to be promptly found.
(c) Name of disease.
FORM NO. 2.
PUBLIC HEALTH (INFECTIOUS DISEASES) REGULATIONS, 1941.
...........................................................(1)
No...................
To the (2)............................................................ .............................
of (3)............................................................ .......................................
(1) Insert name of district.
(2) Insert description of medical officer of health.
(3) Insert official address of medical officer of health.
In accordance with the requirements of Article 4 of the Public Health (Infectious Diseases) Regulations, 1941, I, being the Medical Officer of............................................................ ..............(a) hereby certify and declare that
(b) ............................................................ ........................................of
(c)............................................................ ..........................................
(*) at present an inmate of the said hospital who was admitted thereto as a case of suspected infectious disease without any definite diagnosis is, in my opinion,
suffering from............................................................ ..................... *
or
* at present an inmate of the said hospital who was before admission thereto diagnosed to be suffering from..............................................(d), is in my opinion suffering from............................................................ ............................................................ ............................................... (d)
or
* died on the..................day of..........................................19.........as a result of (diphtheria)* (scarlet fever)* whilst an inmate of the said hospital.
Age of patient..................
Sex..................
Date of onset of disease (or date of first appearance of symptoms)............................................................ ............................................................ ....
(Signed) ................................
Medical Practitioner.
Address............................................................ ...................................
Dated this..................day of....................................19.........
(a) Name and address of hospital.
(b) Name in full of person suffering from disease.
(c) Number or name of the house and name of the street or road and of the town, parish or place where the person is resident. In the case of a ship, boat tent, van, shed or other similar structure the name or description of the dwelling and the name of the place where it is situate should be given. The particulars given should be sufficient to enable the address to be promptly found.
(d) Name of disease.
* Strike out if inapplicable.
THIRD SCHEDULE.
PART I.
TYPHUS FEVER AND RELAPSING FEVER.
STATUTORY RULES AND ORDERS. 1941. No. 13.
THE PUBLIC HEALTH (INFECTIOUS DISEASES) REGULATIONS, 1941.
DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.
WHEREAS the Minister for Local Government and Public Health is empowered by Section 148 of the Public Health (Ireland) Act, 1878, as amended by the Public Health Act, 1896, from time to time, to make, alter and revoke regulations with a view to the treatment of persons affected with any epidemic, endemic or infectious disease and for preventing the spread of the disease and to provide for the enforcement and execution of the regulations
AND WHEREAS in pursuance of the Public Health (Ireland) Acts, 1878 to 1919, the Minister for Local Government and Public Health did by the Public Health (Infectious Diseases) Regulations, 1929, make provision for the notification, prevention and treatment of acute primary pneumonia, acute influenzal pneumonia, malaria, and dysentery and the prevention and treatment of enteric fever, relapsing fever, typhus fever and diphtheria
AND WHEREAS the diseases mentioned in the First Schedule to this Order and the diseases to which the Infectious Disease (Notification) Act, 1889, applies are epidemic, endemic or infectious diseases
AND WHEREAS it is expedient to revoke the said Regulations and to make the Regulations hereinafter appearing with respect to the notification, prevention and treatment of the diseases mentioned in the First Schedule to this Order and the prevention and treatment of infectious diseases to which the Infectious Disease (Notification) Act, 1889, applies
NOW, THEREFORE, the Minister for Local Government and Public Health, in exercise of the powers conferred on him by the Public Health Acts, 1878 to 1931, and of all other powers in that behalf enabling him does by this his Order make the following regulations, that is to say :—
PRELIMINARY.
1.—(1) These Regulations may be cited as the Public Health (Infectious Diseases) Regulations, 1941.
(2) These Regulations shall come into operation on the 1st day of July, 1941.
(3) The Public Health (Infectious Diseases) Regulations, 1929, shall on the coming into operation of these Regulations be revoked.
(4) The provisions as to notification contained in these Regulations shall have effect in place of any provisions contained in any order made by a local authority under the Infectious Disease (Notification) Act, 1889, providing for the notification to the medical officer of health of cases of any of the diseases mentioned in the First Schedule to these Regulations.
(5) In these Regulations, unless the contrary intention appears, the following expressions have the meanings respectively assigned thereto :—
"sanitary authority" means, as the case may be, the council of a county borough, borough, or other urban district, a port sanitary authority, a board of public health or a board of health and public assistance
"district" means the district of a sanitary authority ;
"medical practitioner" means a person for the time being registered under the
Medical Practitioners Act, 1927
;
"medical officer of health" means—
(
a
) as respects any district, being a county health district or an urban county district, the county medical officer of health for the county in which such district is situate ; or
(
b
) as respects any district being a county borough, the medical superintendent officer of health of that district ; or
(
c
) as respects any district being a port sanitary district, the medical officer of health of that district ;
and includes any person duly appointed to perform temporarily the duties of a medical officer of health ;
"occupier" includes a person having the charge, management, or control of a building, or of the part of a building in which the patient is, and in the case of a house the whole of which is let out in separate tenements or in the case of a lodging-house the whole of which is let to lodgers, the person receiving the rent payable by the tenants or lodgers either on his own account or as the agent of another person, and in the case of a ship, vessel, or boat, the master or other person in charge thereof ;
"dysentery" includes amoebic and bacillary dysentery ;
"enteric fever" includes typhoid and paratyphoid fevers ;
"puerperal pyrexia" means any febrile condition (other than a condition which is required to be notified as puerperal fever) occurring in a woman within twenty-one days after childbirth or miscarriage, in which a temperature of 100.4° F. (38°C.) or more has been sustained during a period of twenty-four hours or has recurred during that period ;
"the Minister" means the Minister for Local Government and Public Health.
(6) The provisions of these Regulations shall apply to every ship, vessel, boat, tent, van, shed, or similar structure used for human habitation, in like manner as nearly as may be as if it were a building. A ship, vessel or boat lying in any river, harbour or other water not within the district of any sanitary authority shall be deemed for the purposes of these Regulations to be within the district of such sanitary authority as may be fixed by the Minister, and where no sanitary authority has been fixed, then of the sanitary authority of the district which nearest adjoins the place where such ship, vessel or boat is lying.
(7) The
Interpretation Act, 1937
, shall apply to the interpretation of these Regulations.
ENFORCEMENT OF REGULATIONS.